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Thread: Is printing still really illegal?

  1. #1
    Regular Member independence's Avatar
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    Is printing still really illegal?

    I thought Texas had the law changed a while back to allow printing and unintentional exposure? Just found this on the DPS website...

    http://www.txdps.state.tx.us/RSD/CHL/faqs/index.htm

    33. What does concealed mean? Can I carry my handgun in plain view with my Concealed Handgun License (CHL)?

    The weapon cannot be visible or discernible through ordinary observation. Texas Penal Code prohibits carrying the handgun in plain view. CHL holders may be subject to criminal charges for carrying a handgun in plain view.
    Anyway, if printing and unintentional exposure really are illegal still, can somebody help me with where to get a cite? Thanks!!

  2. #2
    Regular Member stealthyeliminator's Avatar
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    I think it was first updated to say that you had to intentionally fail to conceal rather than just fail to conceal, and I believe it was just updated again to say that you actually had to 'intentionally display' to be in violation. I would think that a little unintended printing would be defendable in court. Sorry on my phone so I don't have a cite. You might be able to Google it. There is a state website that has the statutes for Texas on it but I don't think they're able to keep it up to date, I don't think it has been updated with this latest phrasing update if I am right about it. I think this latest change was just passed in the most recent session. You should be able to look up the bill though on a different website. I will try to do this tonight and show you the sites I am referring to


    Edit: look at this for me and see if this is relevant http://www.legis.state.tx.us/BillLoo...83R&Bill=SB299
    Last edited by stealthyeliminator; 12-18-2013 at 02:51 PM.
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  3. #3
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    "Printing" has never been illegal.

    Here's what the law actually says:

    Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

    That language has not changed since the law passed in 1995.

  4. #4
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by KBCraig View Post
    Here's what the law actually says:

    Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

    That language has not changed since the law passed in 1995.
    Didn't "intentionally fails to conceal" change to "intentionally displays," effective 9/1/13?
    Last edited by MAC702; 12-18-2013 at 09:39 PM.
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  5. #5
    Regular Member rushcreek2's Avatar
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    Quote Originally Posted by MAC702 View Post
    Didn't "intentionally fails to conceal" change to "intentionally displays," effective 9/1/13?
    Yes per SB 299. Changes in Texas law effective 1 September 2013 should be reflected on the State's on line date base by 1 January 2014. Texas LEO issued cheat sheets will likely cling to the " intentionally fails to conceal version " for as long as they can since the " definition " of -

    "...intentionally DISPLAYS a handgun in PLAIN view of another person" IS....well, ..may prove to be a rather challenging concept for some. It sure isn't "printing", and it isn't ANYTHING ELSE ...short of an INTENTIONALLY DISPLAYED 100 % image of a handgun unfettered by covering. We'll see - I guess.

  6. #6
    Regular Member stealthyeliminator's Avatar
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    Sort of related, it was also updated so that you can legally display the weapon if you're justified in using force, not only lethal force. http://www.legis.state.tx.us/tlodocs...l/SB00299F.htm

    But that is the text of SB 299 which I linked to earlier. I'll go ahead and paste it here

    AN ACT
    relating to the intentional display of a handgun by a person
    licensed to carry a concealed handgun.
    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    SECTION 1. Subsections (a) and (h), Section 46.035, Penal
    Code, are amended to read as follows:
    (a) A license holder commits an offense if the license
    holder carries a handgun on or about the license holder's person
    under the authority of Subchapter H, Chapter 411, Government Code,
    and intentionally displays [fails to conceal] the handgun in plain
    view of another person in a public place.

    (h) It is a defense to prosecution under Subsection (a) that
    the actor, at the time of the commission of the offense, displayed
    the handgun under circumstances in which the actor would have been
    justified in the use of force or deadly force under Chapter 9.
    SECTION 2. The change in law made by this Act applies only to
    an offense committed on or after the effective date of this Act. An
    offense committed before the effective date of this Act is governed
    by the law in effect on the date the offense was committed, and the
    former law is continued in effect for that purpose. For purposes of
    this section, an offense was committed before the effective date of
    this Act if any element of the offense occurred before that date.
    SECTION 3. This Act takes effect September 1, 2013.
    Last edited by stealthyeliminator; 12-20-2013 at 06:48 PM.
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  7. #7
    Regular Member rushcreek2's Avatar
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    " Intentionally DISPLAYS in PLAIN VIEW " is going to prove to be a much higher threshold than simply " intentionally fails to conceal ".

    If the elastic waist band , and 1/2 of a pair of "Hanes" briefs is observable outside of the confines of a man's outer garments ...that could be considered a failure to conceal.

    In order for that pair of briefs to be intentionally DISPLAYED IN PLAIN VIEW the dude would need to take them off and hold them out in both hands in front of " another person ".
    Last edited by rushcreek2; 12-21-2013 at 07:33 PM.

  8. #8
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    Quote Originally Posted by MAC702 View Post
    Didn't "intentionally fails to conceal" change to "intentionally displays," effective 9/1/13?
    My apologies. I missed that change, and it's not yet reflected in the official state online statutes (which I copied and pasted, above).

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