I tend to agree with this line of thought. 411.171 is not changing and still defines concealed asjerry_r60 wrote:I've seen what i think is a good answer to the oposit of this question but talking about this same topic. The question there is what is concealed. What looks like good answers to this question revolve around, "concealed means concealed". It's not covered by your clothing, a towl, something.Lucky wrote:Is a holstered handgun considered displayed or do you have to put hands on it to count as use of force? Does it matter if the person wearing the holster is a bank guard at the bank or a landowner on their property?
With that in mind, if the holster is of a type that you can see the gun, then i'd say it's not concealed and therefore it has been displayed. If the holster was of a fashion that you could not see the gun or tell that it was a holster, that's a different story but I don't think that's what you asked about. So, IMHO if i can see the gun, it's been displayed.
So post SB299, we are allowed to carry concealed unless the use of force has been justified, in which case we may display.
So once the presence becomes openly discernable, you are displaying. Accidental is not a crime, but intentional is unless use of force or threat of force is justified under 9.04."“Concealed handgun” means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
I'm concerned that some will try and take advantage of this by using intentially inadequate concealment such as not buttoning their cover garment, or a shirt that is known to be too short and allowing the intential flashing of the gun or bottom of an obvious holster.
This is not "open carry Lite".