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I think the Texas Forum welcome page is incorrect

oldjackbob

Newbie
Joined
Jun 4, 2015
Messages
3
Location
United States of Texas
The Welcome Page says, "Texas is not a traditional open carry state. They also do not allow open carry, or even printing, by those who have a concealed carry permit", but that is not a correct statement.

The current Texas code defines a "concealed handgun" as "a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person".

"Printing" caused by the wind against my shirt does not by any argument meet the definition of "openly discernible". If someone were to claim that they saw my handgun, I would respond by asking them what color it is (blue or silver or black or olive drab or desert tan), and what kind of grips does it have (plastic or wood or pearl), and whether it's a pistol or a revolver, etc., none of which they could answer because of course they didn't actually see even a glimpse of any gun at all.

Not at all meaning to be an agitator with my very first post, it's just that I've been a Texas CHL holder since 1998 and I know the plain and simple verbiage of the law by heart - it's my responsibility to know the law, and that verbiage has never changed.

If my gun prints on my shirt in the breeze it may give away the fact that I'm carrying something under my shirt, but no one can say they know what it is because they can't see what it is. I never worry about whether it's printing in the wind or not, because it doesn't matter one whit.

Carry on, and hello! :)
 

nonameisgood

Regular Member
Joined
Dec 4, 2008
Messages
1,008
Location
Big D
Welcome.

"Static" printing would make it possible for an ordinary passersby to detect but not see the gun. Like a belt holster under a tight t-shirt. (I just stretch out the tail of the tee when I put it on.)

For a couple of years now, Texas law does not make transient printing or unintentional failure to conceal unlawful/illegal.

I think it is matter of nuance. Carry on.
 

Count

Founder's Club Member
Joined
Mar 8, 2007
Messages
453
Location
, ,
That changed.... It is intentionally displaying a handgun in plain view in a public place..... That ordinary observation stuff was removed. Printing is not a crime. Texas Law Shield discussed that at a seminar I went to.....
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Good luck getting any of the state info pages around here fixed. We've been trying to fix Nevada's and several other states for several YEARS now. It's actually become quite sad.

But please do not let that keep you out of this otherwise fantastic site. Opencarry.org is one of the best resources in the US for firearms laws in general, and carrying firearms especially, mostly because of the expertise and activism of its active members.
 

nonameisgood

Regular Member
Joined
Dec 4, 2008
Messages
1,008
Location
Big D
That changed.... It is intentionally displaying a handgun in plain view in a public place..... That ordinary observation stuff was removed. Printing is not a crime. Texas Law Shield discussed that at a seminar I went to.....

Well that IS new to me. I am certain I read the old language more recently and wondered what really had changed... Thanks for the update. I can wear my skin-tight t-shirts again. On second thought, maybe I won't do that.

TXDPS said:
PC §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 displays the handgun in plain
view of another person in a public place....
 

oldjackbob

Newbie
Joined
Jun 4, 2015
Messages
3
Location
United States of Texas
That changed.... It is intentionally displaying a handgun in plain view in a public place..... That ordinary observation stuff was removed. Printing is not a crime. Texas Law Shield discussed that at a seminar I went to.....

Nothing changed, and no "ordinary observation stuff" was removed ... the following is taken directly from current Texas Government Code:

Sec. 411.171. DEFINITIONS.
(3) "Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

And "Texas Law Shield" is a private corporation - it doesn't make, interpret or enforce any laws.

Originally Posted by TXDPS
PC §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 displays the handgun in plain
view of another person in a public place....

We're not talking about "intentionally displaying a handgun in plain view", we're talking about printing.

Sorry for the profuse use of quotation marks, that's not usually how I roll.
 
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Count

Founder's Club Member
Joined
Mar 8, 2007
Messages
453
Location
, ,
The only offense is when you intentionally display in plain view of another person in a public place..... Not meeting that definition of concealed is not an offense..... Printing is not an offense.....
 

nonameisgood

Regular Member
Joined
Dec 4, 2008
Messages
1,008
Location
Big D
To clarify, below is the text of SB 299 from the 83rd Legislature, as signed into law:
(the strikethrough is noted with but it doesn't display correctly, sry.)
83rd Tx Leg SB299 said:
S.B. No. 299
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.
 
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