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CJD wrote:

Keith B wrote:

CJD wrote:Ok I believe you. Could you give me an example of when you would be intentionally failing to conceal, but not displayin? What would owb on hip be?

Take out 'intentionally'. I believe that will help.

A person who 'fails to conceal' their hand gun or 'fails to conceal' their identity gets discovered that they are carrying or someone figures out who they are. In the case of handog, he exposed his pistol and was discovered, so the cops took him to jail because he 'failed to conceal' his gun. When the case was reviewed, the DA determines the whole statute must apply, it was not intentional, so no law was broken and charges are dropped.

Now, with the word change, if you put something on 'display', your intent was to show that item to others. Think of a display at a store or at an art gallery; you want people to see it. If you accidentally reveal your handgun, you are not displaying it. If you take it out of the holster and show it to someone,then you ARE displaying it because you want the other person to see it.

Maybe that clarifies it?

Not really, because intentional is what makes the language confusing, without it it is no longer confusing. If you intentionally fail to conceal, which means you purposefully do not hide it, how is your intention NOT for others to see it?

CJD wrote:Ok I believe you. Could you give me an example of when you would be intentionally failing to conceal, but not displayin? What would owb on hip be?

CJD wrote:

TrueFlog wrote:That's an interesting perspective. Are there any other parts of the code that deal with failure to conceal, intentional display, etc.? Keep in mind that failure to conceal (even if intentional) if only a crime if the Penal Code says it is. Is there any part of the code that makes it a crime to fail to conceal in a non-public place? Suppose I were to OC at a friend's house - what statue (if any) would i be violating? What section of the PC could I be charged with breaking?

It seems there is not one. I'm curious, what is the difference between intentionally "failing to conceal" and displaying? They seem the same to me, unless they are defined specifically in the penal code.

con·ceal/kənˈsil/ Show Spelled [kuhn-seel] Show IPA
verb (used with object)
1. to hide; withdraw or remove from observation; cover or keep from sight: He concealed the gun under his coat.
2. to keep secret; to prevent or avoid disclosing or divulging: to conceal one's identity by using a false name.

dis·play/dɪˈspleɪ/ Show Spelled [dih-spley] Show IPA
verb (used with object)
1. to show or exhibit; make visible: to display a sign.
2. to reveal; betray: to display fear.
3. to unfold; open out; spread out: to display a sail.
4. to show ostentatiously; flaunt.

2firfun50 wrote:Fancy holsters/grips may not fare well when exposed to a hot grill or BBQ sauce.

CJD wrote:Can anyone clarify what the language may allow? "Displays the handgun in plain view of another person in a public place.
Does this possibly allow open carry unless in a "public place"? For instance, like someone had referenced before, "BBQ guns at private parties."

Rrash wrote:How about this scenario. You meet a friend/co-worker at a restaurant. When you get there, you see a 51% or a valid 30.06 sign. You return back to your vehicle to secure your weapon. In the process of transferring the firearm(s) to your storage spot, someone happens to walk by close enough to see what is in your hand. You have now unintentionally displayed your handgun in a public place, but not in a way meant to cause alarm. SB 299 will clarify the wording of the law under these circumstances, assuming the well-intentioned passer-by calls the police.