Is "failure to conceal" still a thing once open carry starts?

The "What Works, What Doesn't," "Recommendations & Experiences"

Moderators: carlson1, Crossfire


Topic author
brenlop
Junior Member
Posts in topic: 2
Posts: 7
Joined: Thu Oct 15, 2015 7:47 pm

Is "failure to conceal" still a thing once open carry starts?

#1

Post by brenlop »

Open carry law says it has to be a shoulder or belt holster, so am I correct in assuming that accidentally showing your concealed gun in your IWB is still an offense?

As a separate question, if I am pocket carrying in my jeans and you are able to look down the pocket and see the top of the gun, is that insufficient to be "concealed"?

Same question, but if you're standing three feet away and can still see the top of the gun, but it's still 100% in the pocket, is that concealed?

If it my gun is not visible at all, but my jeans pocket has a big square shaped bulge, is that ok? Is it only "printing" if it's gun shaped?

My final question - does anyone know what the cost difference is for a non-resident versus resident CHL? I recently moved back to Texas (grew up here) and wasn't sure to just wait the 6 months or to go ahead with the non-resident license which has no residency time requirement. Is there any downside to the non-resident license if I live in Texas?

Thanks for any answers! Took my CHL class a month or so ago, looking forward to getting my license soon.

Topic author
brenlop
Junior Member
Posts in topic: 2
Posts: 7
Joined: Thu Oct 15, 2015 7:47 pm

Re: Is "failure to conceal" still a thing once open carry starts?

#2

Post by brenlop »

One more - Jan 1 you can open carry in your car, it doesn't have to be concealed. Does it still have to be in a holder on your belt or shoulder though? Or can it legally just be sitting in the passenger seat (bad idea obviously)?
User avatar

mojo84
Senior Member
Posts in topic: 1
Posts: 9043
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Is "failure to conceal" still a thing once open carry starts?

#3

Post by mojo84 »

brenlop wrote:One more - Jan 1 you can open carry in your car, it doesn't have to be concealed. Does it still have to be in a holder on your belt or shoulder though? Or can it legally just be sitting in the passenger seat (bad idea obviously)?
It cannot be laying in the open in your car.

It is not and it will not be a problem to fail to conceal if your shirt accidently exposes it.

Being parttially exposed in your pocket is not what the law allows now or as of 1/1. However, I have carried a small gun in my back pocket and some could probably see a small piece of it and know it was a gun however, most ordinary people would not know what it was.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.
User avatar

Jago668
Senior Member
Posts in topic: 4
Posts: 992
Joined: Sun May 03, 2015 12:31 am

Re: Is "failure to conceal" still a thing once open carry starts?

#4

Post by Jago668 »

I don't think the law specifies that it has to be on the outside of your pants. So I don't see a problem with a visible IWB holster. I'm not a police officer, or district attorney either though.
NRA Benefactor Member
User avatar

CleverNickname
Senior Member
Posts in topic: 1
Posts: 649
Joined: Fri Apr 13, 2007 6:36 pm

Re: Is "failure to conceal" still a thing once open carry starts?

#5

Post by CleverNickname »

Failure to conceal will still be a thing if:
1. You're not carrying in a belt or shoulder holster.
2. You're carrying in a place where CCW is legal but open carry isn't (locations posted only with 30.07 and not 30.06, or colleges/universities after Aug 1).

If these don't apply then there's nothing saying you can't go back and forth between CCW and OC as you please.

Michael Scofield
Junior Member
Posts in topic: 1
Posts: 34
Joined: Thu Oct 01, 2015 2:22 pm

Re: Is "failure to conceal" still a thing once open carry starts?

#6

Post by Michael Scofield »

Is IWB considered a belt holster?
“For I am not ashamed of this Good News about Christ. It is the power of God at work, saving everyone who believes—the Jew first and also the Gentile.”
‭‭Romans‬ ‭1:16‬ ‭NLT‬‬
User avatar

Jago668
Senior Member
Posts in topic: 4
Posts: 992
Joined: Sun May 03, 2015 12:31 am

Re: Is "failure to conceal" still a thing once open carry starts?

#7

Post by Jago668 »

Michael Scofield wrote:Is IWB considered a belt holster?
We've had a couple of multi-page topics on what is a belt holster. There are more opinions than there are styles of holsters it seems.
NRA Benefactor Member
User avatar

oljames3
Senior Member
Posts in topic: 1
Posts: 5350
Joined: Sat Jun 14, 2014 1:21 pm
Location: Elgin, Texas
Contact:

Re: Is "failure to conceal" still a thing once open carry starts?

#8

Post by oljames3 »

Michael Scofield wrote:Is IWB considered a belt holster?
I am sure it is, but I am not a lawyer or law enforcement officer.

On 1/1/16, I will carry openly in an outside the waistband holster that obviously attaches to my belt. I had planned to carry IWB with my shirt tucked behind my pistol. However, while carrying openly in this manner in AZ this summer, I was asked by a non-local why I was not using a holster. Next year, concerns of this type in Texas could result in unsolicited contact with law enforcement. Until the populace and law enforcement become more accustomed to open carry, I'll reserve my IWB for concealed carry.
O. Lee James, III Captain, US Army (Retired 2012), Honorable Order of St. Barbara
2/19FA, 1st Cavalry Division 73-78; 56FA BDE (Pershing) 78-81
NRA, NRA Basic Pistol Shooting Instructor, Rangemaster Certified, GOA, TSRA, NAR L1

texasmr2
Member
Posts in topic: 1
Posts: 174
Joined: Tue Apr 08, 2008 12:48 am
Location: Houston, Texas

Re: Is "failure to conceal" still a thing once open carry starts?

#9

Post by texasmr2 »

oljames3 wrote:Until the populace and law enforcement become more accustomed to open carry, I'll reserve my IWB for concealed carry.
You hit the nail on the head, it will take some time for law enforcement and the public to get used to seeing people open carry. Regarding the topic of discussion, I am former LEO and maintain a valid TX Peace Officers license, when I took "State & Federal Legal Updates" last year things had changed regarding concealment in TX. It was no longer illegal if a barrel is accidently exposed or if the side arm's profile/impression was visible.
Peace Officer

K.Mooneyham
Senior Member
Posts in topic: 1
Posts: 2574
Joined: Sat Jan 12, 2013 4:27 pm
Location: Vernon, Texas

Re: Is "failure to conceal" still a thing once open carry starts?

#10

Post by K.Mooneyham »

brenlop wrote:Open carry law says it has to be a shoulder or belt holster, so am I correct in assuming that accidentally showing your concealed gun in your IWB is still an offense?

As a separate question, if I am pocket carrying in my jeans and you are able to look down the pocket and see the top of the gun, is that insufficient to be "concealed"?

Same question, but if you're standing three feet away and can still see the top of the gun, but it's still 100% in the pocket, is that concealed?

If it my gun is not visible at all, but my jeans pocket has a big square shaped bulge, is that ok? Is it only "printing" if it's gun shaped?

My final question - does anyone know what the cost difference is for a non-resident versus resident CHL? I recently moved back to Texas (grew up here) and wasn't sure to just wait the 6 months or to go ahead with the non-resident license which has no residency time requirement. Is there any downside to the non-resident license if I live in Texas?

Thanks for any answers! Took my CHL class a month or so ago, looking forward to getting my license soon.
There is nothing in Texas Penal Code about "printing", just nothing. The law reads:

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.
That's it. Not one little bit about "printing". I'm unsure who told you that, or why they felt it necessary, but it's just not something you need to think about unless your clothing is so tight that someone could read the serial number on the gun through the cloth. :mrgreen:

dlh
Senior Member
Posts in topic: 1
Posts: 867
Joined: Tue Aug 18, 2015 12:16 pm

Re: Is "failure to conceal" still a thing once open carry starts?

#11

Post by dlh »

K.Mooneyham wrote:
brenlop wrote:Open carry law says it has to be a shoulder or belt holster, so am I correct in assuming that accidentally showing your concealed gun in your IWB is still an offense?

As a separate question, if I am pocket carrying in my jeans and you are able to look down the pocket and see the top of the gun, is that insufficient to be "concealed"?

Same question, but if you're standing three feet away and can still see the top of the gun, but it's still 100% in the pocket, is that concealed?

If it my gun is not visible at all, but my jeans pocket has a big square shaped bulge, is that ok? Is it only "printing" if it's gun shaped?

My final question - does anyone know what the cost difference is for a non-resident versus resident CHL? I recently moved back to Texas (grew up here) and wasn't sure to just wait the 6 months or to go ahead with the non-resident license which has no residency time requirement. Is there any downside to the non-resident license if I live in Texas?

Thanks for any answers! Took my CHL class a month or so ago, looking forward to getting my license soon.
There is nothing in Texas Penal Code about "printing", just nothing. The law reads:

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.
That's it. Not one little bit about "printing". I'm unsure who told you that, or why they felt it necessary, but it's just not something you need to think about unless your clothing is so tight that someone could read the serial number on the gun through the cloth. :mrgreen:
:iagree:

dlh
Please know and follow the rules of firearms safety.

jb2012
Senior Member
Posts in topic: 2
Posts: 1054
Joined: Thu Oct 15, 2015 1:12 pm

Re: Is "failure to conceal" still a thing once open carry starts?

#12

Post by jb2012 »

I'm a little confused. Aren't probably 99% of iwb holsters attached to your belt? I realize they are clipped vs a threaded owb holster, but that is just it! They are clipped!
User avatar

WesTx
Junior Member
Posts in topic: 1
Posts: 17
Joined: Fri Jul 17, 2015 10:34 am

Re: Is "failure to conceal" still a thing once open carry starts?

#13

Post by WesTx »

jb2012 wrote:I'm a little confused. Aren't probably 99% of iwb holsters attached to your belt? I realize they are clipped vs a threaded owb holster, but that is just it! They are clipped!
I carry IWB using sticky holsters like remora's sometimes. I wonder if unintentional flashing of the handle or what not (shirt raises up) if its in a hip holster not attached to a belt will be an issue.
User avatar

Pariah3j
Senior Member
Posts in topic: 2
Posts: 865
Joined: Thu Oct 08, 2015 5:03 pm
Location: Webster

Re: Is "failure to conceal" still a thing once open carry starts?

#14

Post by Pariah3j »

WesTx wrote: I carry IWB using sticky holsters like remora's sometimes. I wonder if unintentional flashing of the handle or what not (shirt raises up) if its in a hip holster not attached to a belt will be an issue.
I believe unintentional display will still work the way it does now for CCW. So that wouldn't be an issue as long as it was unintentional.
"When governments fear the people, there is liberty. When the people fear the government, there is tyranny" - Thomas Jefferson

jb2012
Senior Member
Posts in topic: 2
Posts: 1054
Joined: Thu Oct 15, 2015 1:12 pm

Re: Is "failure to conceal" still a thing once open carry starts?

#15

Post by jb2012 »

WesTx wrote:
jb2012 wrote:I'm a little confused. Aren't probably 99% of iwb holsters attached to your belt? I realize they are clipped vs a threaded owb holster, but that is just it! They are clipped!
I carry IWB using sticky holsters like remora's sometimes. I wonder if unintentional flashing of the handle or what not (shirt raises up) if its in a hip holster not attached to a belt will be an issue.
Ahh! I have never seen one of those!
Post Reply

Return to “New to CHL?”