What would you do?

[joe817]

He should have carried the holster to the gun counter and asked it they would check the fit with a gun in the case, surely they had one like he was carrying. I probably would have left the building also.

Best answer yet. But I wouldn't have left the building just for that. That's MWAG mindset.

I'd have gone about my bid'ness, and shopped some more.

IMHO there is a big difference between freaking out just because a person has a weapon (aka MWAG mindset), and deciding to leave because a person is illegally displaying their weapon.

We who have a CHL/LTC are charged with an awesome responsibility. There is no question about that. With that responsibility comes with everyday decision making that may or may not come with what the best course of action may be. We must each decide what that course of action is. For ourselves. No one can make that decision for us. The decision I make may make may not be the decision you may make. Both are right in our own decisions.

My way may not be your way, and that's ok. And what you might do is the best course of action for you. We must each decide for themselves what the best course of action may be, under the circumstances.

[karder]

What would you guys have done in this situation?

Nunmah...... as in, nunmah bidness. I'd just turn around and walk away. It's not my job to police other LTC's, and it's not my job to be Academy's security team. Presumably, he's taken the class and already knows (or should know) that what he's doing is illegal. If he is either stupid enough to not know, or simply not a law-abiding citizen (which I'm sure he would like to think he is), then I'm not going to be the one dumb enough to try and correct him. After all.......he's already got the drop on me.

Just walk away.......

There is a point where I will step up and correct a stranger, but the bar is pretty high. General dopey behaviour does not meet the criteria. I would just go about my business.

[Salty1]

i would not do anything and would go about my business. I have no way of knowing if his gun was loaded or not and actually would not care. I do not suffer from gun paranoia and assume the worst especially since he was trying to find the proper fit in a holster, now if he was waving it around that would be a different story.....

[Txtension]

What's illegal about unholstering the weapon to try it on different holsters? He was in the gun section afterall, sounds reasonable to me.

I was in a gun store a few months back, renting a few different firearms. I tried them out on the range and walked each one back to the counter, gun in hand. Sure, it felt a little weird to be walking around with a gun in my hand -even at a gun store/range. I thought about how I could 'carry' each weapon in as a non-threatening and unambiguous a manner as possible, but I just settled on mag out, finger indexed, slide locked back.

[Solaris]

Stopped at academy in Arlington this afternoon. I walked down the holster aisle and noticed a guy at the end trying out different holsters. After watching him for a few seconds I realize he has his gun out and is switching it between the different holsters. I stood there for a few more seconds because I couldn't believe he had actually pulled his gun out and was trying it in different holsters. Needless to say I got my wife and left the store immediately. Should I have said something to the store employees? What would you guys have done in this situation?

If I had reason to believe he was doing this with his loaded CC/OC gun I would have left ASAP.

4 Rules of Gun Safety and all that.

[Bryanmc]

I guess it would depend how he was handling the weapon. If it was in a safe manner I wouldn't do anything, if not I might give him some room, but I don't think I would flee the store like some anti gun person. People handle loaded weapons all the time, it's how they handle them that matters.

[Breny414]

I guess it would depend how he was handling the weapon. If it was in a safe manner I wouldn't do anything, if not I might give him some room, but I don't think I would flee the store like some anti gun person. People handle loaded weapons all the time, it's how they handle them that matters.

Except that it's illegal and is a Class A misdemeanor.

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. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.

I more than likely wouldn't say anything to the individual and would just clear out. But...the law, in this case, is the law. I don't think even the most ardent Constitutional Carry supporters are clamoring for a law to allow for unholstering your handgun in a public place... I could be wrong. As LTC holders we pride ourselves on following the laws, even ones we don't necessarily agree with. But, in particular, I believe we strictly adhere to the common sense rules and laws of handgun safety. And, when I see someone flagrantly violating rules and laws that should be common sense to anyone who has taken the LTC class, it disturbs me a little bit to say the least. Of course, my comments above are based on the assumption that the OP witnessed the individual using his EDC to check for holster fit.

Edited to quote the correct law... I hope

[WildBill]

I guess it would depend how he was handling the weapon. If it was in a safe manner I wouldn't do anything, if not I might give him some room, but I don't think I would flee the store like some anti gun person. People handle loaded weapons all the time, it's how they handle them that matters.

Except that it's illegal and is a Class A misdemeanor.

PC §46.02. UNLAWFUL CARRYING WEAPONS.
.
.
.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:
...(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
.
.
.

I more than likely wouldn't say anything to the individual and would just clear out. But...the law, in this case, is the law. I don't think even the most ardent Constitutional Carry supporters are clamoring for a law to allow for unholstering your handgun in a public place... I could be wrong. As LTC holders we pride ourselves on following the laws, even ones we don't necessarily agree with. But, in particular, I believe we strictly adhere to the common sense rules and laws of handgun safety. And, when I see someone flagrantly violating rules and laws that should be common sense to anyone who has taken the LTC class, it disturbs me a little bit to say the least. Of course, my comments above are based on the assumption that the OP witnessed the individual using his EDC to check for holster fit.

I think it depends on the context. If you were to strictly follow your line of thinking how would you ever be able to look at and handle a gun in a gun store?
The sales person would have to hand it to you [not in a holster] and you would pick it up and handle it, also not in a holster. Would these actions be breaking the law?

[Breny414]

I guess it would depend how he was handling the weapon. If it was in a safe manner I wouldn't do anything, if not I might give him some room, but I don't think I would flee the store like some anti gun person. People handle loaded weapons all the time, it's how they handle them that matters.

Except that it's illegal and is a Class A misdemeanor.

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. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.

I more than likely wouldn't say anything to the individual and would just clear out. But...the law, in this case, is the law. I don't think even the most ardent Constitutional Carry supporters are clamoring for a law to allow for unholstering your handgun in a public place... I could be wrong. As LTC holders we pride ourselves on following the laws, even ones we don't necessarily agree with. But, in particular, I believe we strictly adhere to the common sense rules and laws of handgun safety. And, when I see someone flagrantly violating rules and laws that should be common sense to anyone who has taken the LTC class, it disturbs me a little bit to say the least. Of course, my comments above are based on the assumption that the OP witnessed the individual using his EDC to check for holster fit.

I think it depends on the context. If you were to strictly follow your line of thinking how would you ever be able to look at and handle a gun in a gun store?
The sales person would have to hand it to you [not in a holster] and you would pick it up and handle it, also not in a holster. Would these actions be breaking the law?

Not sure of the correct answer or law to quote there. I assume stores that sell firearms are allowed to handle - and let their customers handle - firearms that the store is trying to sell. But, if you are carrying under the authority of 411 Subchapter H, then you can't remove your firearm from its holster in a public place, correct? And that is my understanding of the OP's scenario. If I'm wrong please educate me.

Edited to quote the correct law

[Txtension]

I think it depends on the context. If you were to strictly follow your line of thinking how would you ever be able to look at and handle a gun in a gun store?

The best answer i've been able to find for this is.

Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
(b) Section 46.02 does not apply to a person who:
...
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
...


The example I gave earlier of myself at the gun store/range likely falls under sporting activity. But, in your example of a pure gun store, unless examining guns in a gun store counts as a sporting activity...well as they say, the law is the law. I would argue that it is a sporting activity, and by extension, examining gun paraphanelia like holsters, lights, etc, with a firearm [ownership not withstanding] within the confines of a gun store (like Academy) qualifies.

I'm not explicitly condoning the actions of the holster try-outs, but running out of the store screaming is a bit much I would think. If you go to Sea World you might get wet.

edit -slightly misquoted section 46.15

[WildBill]

I think it depends on the context. If you were to strictly follow your line of thinking how would you ever be able to look at and handle a gun in a gun store?

The best answer i've been able to find for this is.

Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
...
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
...


The example I gave earlier of myself at the gun store/range likely falls under sporting activity. But, in your example of a pure gun store, unless examining guns in a gun store counts as a sporting activity...well as they say, the law is the law. I would argue that it is a sporting activity, and by extension, examining gun paraphanelia like holsters, lights, etc, with a firearm [ownership not withstanding] within the confines of a gun store (like Academy) qualifies.

I'm not explicitly condoning the actions of the holster try-outs, but running out of the store screaming is a bit much I would think. If you go to Sea World you might get wet.

That was my way of thinking about it.

BTW I have done this before in a gun store. I asked the owner and he said okay. I took a couple holsters to the counter and tried them out for fit with my new handgun.
At that time I didn't have my CHL yet so I asked before I brought the gun into the store.

[Breny414]

I think it depends on the context. If you were to strictly follow your line of thinking how would you ever be able to look at and handle a gun in a gun store?

The best answer i've been able to find for this is.

Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
...
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
...


The example I gave earlier of myself at the gun store/range likely falls under sporting activity. But, in your example of a pure gun store, unless examining guns in a gun store counts as a sporting activity...well as they say, the law is the law. I would argue that it is a sporting activity, and by extension, examining gun paraphanelia like holsters, lights, etc, with a firearm [ownership not withstanding] within the confines of a gun store (like Academy) qualifies.

I'm not explicitly condoning the actions of the holster try-outs, but running out of the store screaming is a bit much I would think. If you go to Sea World you might get wet.

That was my way of thinking about it.

BTW I have done this before in a gun store. I asked the owner and he said okay. I took a couple holsters to the counter and tried them out for fit with my new handgun.
At that time I didn't have my CHL yet so I asked before I brought the gun into the store.

I would say that would be perfectly fine. You weren't carrying the firearm into the store under the authority of your CHL... i.e., concealed (or open, but in a holster)

[WildBill]

I think it depends on the context. If you were to strictly follow your line of thinking how would you ever be able to look at and handle a gun in a gun store?

The best answer i've been able to find for this is.

Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
...
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
...


The example I gave earlier of myself at the gun store/range likely falls under sporting activity. But, in your example of a pure gun store, unless examining guns in a gun store counts as a sporting activity...well as they say, the law is the law. I would argue that it is a sporting activity, and by extension, examining gun paraphanelia like holsters, lights, etc, with a firearm [ownership not withstanding] within the confines of a gun store (like Academy) qualifies.

I'm not explicitly condoning the actions of the holster try-outs, but running out of the store screaming is a bit much I would think. If you go to Sea World you might get wet.

That was my way of thinking about it.

BTW I have done this before in a gun store. I asked the owner and he said okay. I took a couple holsters to the counter and tried them out for fit with my new handgun.
At that time I didn't have my CHL yet so I asked before I brought the gun into the store.

I would say that would be perfectly fine. You weren't carrying the firearm into the store under the authority of your CHL... i.e., concealed (or open, but in a holster)

Actually it was in a case. I didn't have a holster yet - that's why I took it to the store to try them out.

[Bryanmc]

Actually it was in a case. I didn't have a holster yet - that's why I took it to the store to try them out.

That was sort of my point. Suppose the guy had carried an unloaded pistol into the store in a case and was merely trying to find an appropriate holster for when his LTC finally arrives (he may have even checked with store personnel first). It's a reasonable assumption that if he has an LTC that he would follow the law. I understand the law as you quoted it, but I'm not in the enforcement business anymore nor do I have any duty to flee from someone committing a misdemeanor as long as I am not complicit or feel threatened.

[WildBill]

Actually it was in a case. I didn't have a holster yet - that's why I took it to the store to try them out.

That was sort of my point. Suppose the guy had carried an unloaded pistol into the store in a case and was merely trying to find an appropriate holster for when his LTC finally arrives (he may have even checked with store personnel first). It's a reasonable assumption that if he has an LTC that he would follow the law. I understand the law as you quoted it, but I'm not in the enforcement business anymore nor do I have any duty to flee from someone committing a misdemeanor as long as I am not complicit or feel threatened.

Actually I quoted a quote of the law, but I am not certain that this applies to trying out a holster. But it's the closest I know about.
Sometimes it's not practical to try to cover every situation by passing a law and use some common sense instead.
I suppose I could have bought several holsters and taken them home to try them out and then returned them to the store.
I didn't want to go through that hassle for myself or the gun shop owner.
As long as the gun is not loaded and the person is not pulling the trigger or pointing it at people, it doesn't bother me.