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Thread: A t-shirt that announces you are concealing

  1. #1
    Regular Member independence's Avatar
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    A t-shirt that announces you are concealing

    I visit TX from time to time and am always irritated by the prohibition of open carry. I've been trying to think of various ways to get people in TX to realize how silly the law is and had an idea for a t-shirt. The idea is that you sort of pseudo-open carry by having a shirt that announces you are concealing. Essentially, what happens is that since you just told the world about it, you aren't really concealing at all.

    My idea for the shirt would be for it to say something like this on the front:

    "I'm legally concealing a handgun for self defense today." (With an arrow pointing to the area of the shirt that is covering the gun and a dotted line outlining the shape of a gun.)

    And on the back:

    "I have nothing to hide. It's time to legalize open carry."

    My first question is if this satisfies the requirements of conceal carry law. Does the fact that my t-shirt would disclose that I am carrying mean that I am not actually concealing, according to TX law?

    Secondly, what do you think of the idea? Do you have an idea for better wording? Do you think I'm crazy?


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    Last edited by independence; 01-16-2014 at 03:29 PM.
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  2. #2
    Regular Member Fallschirmjäger's Avatar
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    Sec. 46.02
    UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
    ...
    (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
    (1) the handgun is in plain view; or
    ...
    (b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
    ...
    (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

    Sec. 46.035
    (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.
    ...
    (f) In this section:
    (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
    ...
    (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.

    I'm not seeing 'printing' as being a problem according to the TX Code.
    NB, I've been informed that the Texas Legislature's webiste is a bit behind in updating and with the passage of SB 299 (Effective 01Sep2013) and have edited 46.035 (a) and (h) to reflect the current law.
    Last edited by Fallschirmjäger; 01-16-2014 at 12:56 PM.

  3. #3
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    I'm not seeing 'printing' as being a problem according to the TX Code.
    Well, the code you quoted has been changed. Where ever you got it from has not been updated. Effective 9/1/13, the phrase: "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" has been changed to show that the offense is now "intentionally displays the handgun in plain view of another person in a public place."

    This is designed to be even more lenient about accidental exposures, while still making concealing the normal requirement in a state that absurdly does not recognize the right to carry a defensive sidearm.

    While the "intentionally displays" language could apply to this T-shirt idea, the firearm is still obviously not "in plain view."

    Honestly, the biggest issue will depend on where in Texas this is going to be. Texas cops are, well, another league when it comes to being cops when you are not one.
    Last edited by MAC702; 01-16-2014 at 08:13 AM.
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  4. #4
    Regular Member Fallschirmjäger's Avatar
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    I got it from the State of Texas Legislature's website, http://www.statutes.legis.state.tx.us/ but it's possible Texas hasn't updated it yet.

    SB 299:
    SB 299 helps CHL carriers in two ways. Currently, it is an offense to fail to conceal a handgun; SB 299 makes it an offense to intentionally display the handgun in plain view of another person in a public place. Also, currently you may display a handgun only when deadly force would be justified; this bill allows display when either force or deadly force are justified. (see full text)

    Update: Passed by the House and Senate, signed by the Governor; goes into effect September 1, 2013.
    This is excellent news for Texans...and anyone passing through. Previous post will be edited to reflect this change.
    Last edited by Fallschirmjäger; 01-16-2014 at 12:48 PM.

  5. #5
    Campaign Veteran skidmark's Avatar
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    How about something that says

    I am carrying a lawfully concealed handgun in accordance with Subchapter H, Chapter 411, Government Code
    No arrows, no outlines, no silhouettes.

    Followed by

    Isn't it time to allow open carry?
    As I understand it, the prohibition is against intentionally letting other people see it. There does not seem to be anything against telling people you are carrying, unless you do so in a clearly aggressive/threatening/beligerent manner.

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  6. #6
    Regular Member WalkingWolf's Avatar
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    Wear either a open carry logo shirt, or a concealed carry logo shirt, then it falls into freedom of speech. You would not be advertising that you are armed, but most intelligent crooks would not risk tangling with you. I would not use any arrows or direct speech that you are carrying, while it may be legal, you probably would still get hassled.
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  7. #7
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    Wear either a open carry logo shirt, or a concealed carry logo shirt, then it falls into freedom of speech. You would not be advertising that you are armed, but most intelligent crooks would not risk tangling with you. I would not use any arrows or direct speech that you are carrying, while it may be legal, you probably would still get hassled.
    I would second this

    Does opencarry.org have t-shirts?
    Last edited by stealthyeliminator; 01-16-2014 at 06:51 PM.
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    Regular Member Superlite27's Avatar
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    I have several blue polo shirts with "ARMED CITIZEN" instead of "SHERIFF", "FBI", or "POLICE", printed across the back in large, yellow, block letters.

    I did this in response to the amount of times I received "What department are you with?" or "Are you a cop?" questions while OC'ing. However, here in Missouri, I did not fail to notice the irony of a shirt with "ARMED CITIZEN" written on it when I untucked it in order to conceal in places I am required, by law, to do so.

  9. #9
    Regular Member WalkingWolf's Avatar
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    I wouldn't wear one, but if a person wore a fanny pack holster with their shirt they would still be within the law, and clearly armed.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
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  10. #10
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    Quote Originally Posted by WalkingWolf View Post
    Wear either a open carry logo shirt, or a concealed carry logo shirt, then it falls into freedom of speech. You would not be advertising that you are armed, but most intelligent crooks would not risk tangling with you. I would not use any arrows or direct speech that you are carrying, while it may be legal, you probably would still get hassled.

    Trouble is most crooks who commit violent acts are not intelligent and most likely their thinking is impaired by drugs or alcohol.
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  11. #11
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    Trouble is most crooks who commit violent acts are not intelligent and most likely their thinking is impaired by drugs or alcohol.
    Yeah, I wouldn't count on your typical street thug to get the hint. But I'd wear one for political activism. I'd wear one every day
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  12. #12
    Regular Member rushcreek2's Avatar
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    Prior to Sptember 1, 2013 the factual legal question in Texas used to be...

    Did a CHL holder intentionally fail to conceal a handgun in a public place ?

    Now the factual legal question is...

    Did a CHL holder intentionally DISPLAY a handgun IN PLAIN VIEW of another person in a public place ?

    There is a big difference.

    Any reasonable effort to NOT intentionally DISPLAY a handgun in plain view of another person in a public place precludes a CHL holder from criminal liability under 46.035(a) - regardless of whether the handgun is only partially concealed.

    The word DISPLAY is an established statutory term used in Section 42.01 (a,8) Disorderly Conduct to describe the PRESENTING of a deadly weapon in public in a manner calculated to cause alarm.

    There has been no formal legal opinion presented to this effect - yet, and one isn't likely to be forthcoming anytime soon given that the threshold under Texas law for a 46.035 (a) offense has now been significantly elevated.

    My 2 cents worth of course , but I do practice what I preach.........when in Texas.

  13. #13
    Regular Member stealthyeliminator's Avatar
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    You'd think they wouldn't push the issue given the phrasing changes, but given the fact that people OCing long guns are being felony stopped and charged with the DC statute you referenced, I wouldn't be surprised to see some DAs push their luck.
    Advocate freedom please

  14. #14
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by rushcreek2 View Post
    Prior to Sptember 1, 2013 the factual legal question in Texas used to be...

    Did a CHL holder intentionally fail to conceal a handgun in a public place ?

    Now the factual legal question is...

    Did a CHL holder intentionally DISPLAY a handgun IN PLAIN VIEW of another person in a public place ?

    There is a big difference.

    Any reasonable effort to NOT intentionally DISPLAY a handgun in plain view of another person in a public place precludes a CHL holder from criminal liability under 46.035(a) - regardless of whether the handgun is only partially concealed.

    The word DISPLAY is an established statutory term used in Section 42.01 (a,8) Disorderly Conduct to describe the PRESENTING of a deadly weapon in public in a manner calculated to cause alarm.

    There has been no formal legal opinion presented to this effect - yet, and one isn't likely to be forthcoming anytime soon given that the threshold under Texas law for a 46.035 (a) offense has now been significantly elevated.

    My 2 cents worth of course , but I do practice what I preach.........when in Texas.
    I agree.

    But keep in mind that there is winning against getting an indictment, and winning in not being detained by cops. The law change absolutely helps in the former. I'm hoping it helps in the latter as much. My friends in Texas that I visit regularly (I also hunt there) have a very negative opinion of the police throughout the San Antonio and Austin areas.
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    Campaign Veteran ATM's Avatar
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    Quote Originally Posted by skidmark View Post
    How about something that says

    I am carrying a lawfully concealed handgun in accordance with Subchapter H, Chapter 411, Government Code

    No arrows, no outlines, no silhouettes.

    Followed by

    Isn't it time to allow open carry?

    ...
    I'd considered printing up a couple shirts similar to this idea for trips to states which mandate concealment (omitting any specific code), just never got around to it.

    IMO, the simpler the better.

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