Accidental exposure bill

[Jasonw560]

http://www.legis.state.tx.us/BillLookup ... Bill=SB299

[baldeagle]

That looks like a "cleanup" bill, adjusting the language so it's more clear what a violation is.

[Jasonw560]

That's how I see it, too.

But, it's still a step in the right direction, and the language is fairly clear.

[RPB]

Interesting thanks
changes things in our favor in a couple situations I can think of, for 1 example: a few fellows behind the church house Sunday after Church intentionally displaying/showing each other what they picked up Saturday Gun Show by opening the box on a brand new whatever for example is not "in a manner calculated to cause alarm" even though the gun is no longer concealed in the box and was intentionally unconcealed.

As well as clearing up accidental exposure for anyone who didn't understand it wasn't a crime before.

And, in a place where open carry was not calculated to cause alarm ...
The First Open Carry Church of Saint SmithnWesson
Cash n OpenCarry Store

[jmra]

So where else in the code does it say it is an offense if the weapon is not concealed? Seems to me with these changes a person could open carry a firearm as long as it was not intentionally displayed the in plain view of another person in a public place in a manner calculated to cause alarm.
Would carrying a holstered firearm on the hip be displaying in a manner calculated to cause alarm?

[AEA]

This Act takes effect September 1, 2003 ??????

Cleanup on isle 299!

[mojo84]

This may be a big step towards what I've been looking. I'm in the business of selling insurance. I don't see myself carrying openly on a day to day basis as I go about meeting with clients, prospects, carrier reps and lunch appointments. However, I struggle with entering and exiting my vehicle and exposing my gun as I remove my suit coat or sport coat to hang it in the backseat. I also struggle with getting out to pump gas and other quick things such as that. Have you ever seen a guy get out of his truck and put on a sport coat to pump gas. If so, there's a good chance that was me. My other options that I employ are to remove the gun before getting out of the car to pump gas or to tuck my shirt in over my gun. However, I'd prefer to just wear it on the outside of my dress shirt and under my coat.

This bill may elevate my issue if passed. Your thoughts?

[A-R]

Y'all are missing the bigger change

Delete language making it an exception to intentional failure to conceal ONLY if justified by PC 9 to use DEADLY force.

Adds language justifying intentional unconceal if justified to use force or threat of force in PC 9

This basically removed the old truism "Don't pull it if you're not justified to shoot it."

[jmra]

This may be a big step towards what I've been looking. I'm in the business of selling insurance. I don't see myself carrying openly on a day to day basis as I go about meeting with clients, prospects, carrier reps and lunch appointments. However, I struggle with entering and exiting my vehicle and exposing my gun as I remove my suit coat or sport coat to hang it in the backseat. I also struggle with getting out to pump gas and other quick things such as that. Have you ever seen a guy get out of his truck and put on a sport coat to pump gas. If so, there's a good chance that was me. My other options that I employ are to remove the gun before getting out of the car to pump gas or to tuck my shirt in over my gun. However, I'd prefer to just wear it on the outside of my dress shirt and under my coat.

This bill may elevate my issue if passed. Your thoughts?

Per my earlier post, it seems to me a holstered weapon would be perfectly fine. Especially if most of the weapon is concealed by the holster.

[Jasonw560]

This Act takes effect September 1, 2003 ??????

Cleanup on isle 299!

It's just a clean-up bill. Changing the wording where they did would carry the "footer" saying when it was added and revised.

[dicion]

Actually, I read this as essentially CHL Open Carry.... masquerading as a clean up bill. I like it!

Let me explain, by using Long guns as an example.
Currently, Long guns are not prohibited from being carried openly, we all know this.
The only 'carry-related' crime you can commit, openly carrying a long gun in a public place, is what is sometimes referred to as 'Brandishing' by some, but is actually known as "Disorderly Conduct"
(This doesn't include threatening someone, shooting someone or shooting in general, just walking around carrying a long arm)

Code: Select all

Sec. 42.01.  DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8)  displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

The wording look familiar?
If the above bill passes, the standards under which Open Carry is allowed for Long guns, would be mirrored verbatim for exposure of Handguns by CHLs.
Essentially, CHL Open Carry.

[G26ster]

These days, the mere "mention" or "hint" of a firearm is seen as alarming by many. I think the bill could be worded differently.

[jmra]

Actually, I read this as essentially CHL Open Carry.... masquerading as a clean up bill. I like it!

Let me explain, by using Long guns as an example.
Currently, Long guns are not prohibited from being carried openly, we all know this.
The only 'carry-related' crime you can commit, openly carrying a firearm in a public place, is what is sometimes referred to as 'Brandishing' by some, but is actually known as "Disorderly Conduct"

Code: Select all

Sec. 42.01.  DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8)  displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

The wording look familiar?
If the above bill passes, the standards under which Open Carry are allowed for Long guns, would be mirrored verbatim for exposure of Handguns by CHLs.
Essentially, CHL Open Carry.

This is the way I read it. I'm not sure I like it though.
If this passes and people start to OC in stores and other places where CC is not currently an issue (because no one sees anything) business owners will receive complaints from customers and the owners will inquire as to how they can prohibit this activity. Up goes 30.06 signs and then CC is affected where it was not before.
If we are going to have OC, we need to do it correctly where it is not tied to 30.06 in any way whatsoever.

[dicion]

Actually, I read this as essentially CHL Open Carry.... masquerading as a clean up bill. I like it!

Let me explain, by using Long guns as an example.
Currently, Long guns are not prohibited from being carried openly, we all know this.
The only 'carry-related' crime you can commit, openly carrying a firearm in a public place, is what is sometimes referred to as 'Brandishing' by some, but is actually known as "Disorderly Conduct"

Code: Select all

Sec. 42.01.  DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8)  displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

The wording look familiar?
If the above bill passes, the standards under which Open Carry are allowed for Long guns, would be mirrored verbatim for exposure of Handguns by CHLs.
Essentially, CHL Open Carry.

This is the way I read it. I'm not sure I like it though.
If this passes and people start to OC in stores and other places where CC is not currently an issue (because no one sees anything) business owners will receive complaints from customers and the owners will inquire as to how they can prohibit this activity. Up goes 30.06 signs and then CC is affected where it was not before.
If we are going to have OC, we need to do it correctly where it is not tied to 30.06 in any way whatsoever.

But this only allows open carry by CHL holders. How many of them do you think are going to suddenly go out causing 30.06 signs to go up.
I'd like to think that it would be nowhere near as bad as universal, unlicensed open carry would be, as most would probably stick to CC, and this would be more used as protection than used as Open Carry.
I'd like to think that we can trust ourselves to not sabotage... ourselves.

[jmra]

These days, the mere "mention" or "hint" of a firearm is seen as alarming by many. I think the bill could be worded differently.

I don't like the way it is worded either. But, it does not say it is an offense to alarm people . It says it is an offense to intentionally display in a manner calculated to alarm. I don't see how a holstered weapon could possibly be displayed in a manner calculated to alarm.