Cleaning legalities

[casselthief]

what about #6, cause I'm always draggin' mine on the ground.
jess acks my ol' lady!

[Will938]

Some sheeple are so antigun that their paranoia borders on genuine mental illness.

About a year or two back, a poster on another forum had a woman dial 911 because he had a pro-gun bumper sticker on his car!

The responding police were less than amused by the woman's antics . . .

The bumper sticker offended her, I'm sure. Offending someone is getting to be a crime. I get so infuriated at these people that are offended at the slightest things. I finally asked a lady one day, "So, is this the first time you've been offended?"

One time, back in my state inspector days, one of the other guys had put this lady's inspection sticker on about one degree from perfect. Just bad enough that you can tell that the two stickers arn't parallel. The lady threw such a fit, I recalled hearing somewhere in there "worst experience of my life". I was like, if thats the worst thing you've ever gone through, maybe you should suck it up. Of course they wanted me to put another one on her car, which costs us an additional $14 + our time. I wasn't gonna do it, and she was scowling at me the whole time. I didn't even try when I put the new one in, I looked right at her while she was looking at me and slapped it on the windshield. I figured it would be way way off, it was actually perfect.

[txinvestigator]

Hey guys my wife is a property mngr and works for one of the largest property managment companys around . HER name is Kim and she wants to reply to this : The lease contract states that you can not carry an unlawful weapon on the premises. Of course we know that means an unregistered handgun when you do not have your Concealed Handgun License. Furthermore, you patio is part of the "leased premises". KIM
I just was mentioning this post and she had to put her two cents in.

Please tell Kim that we don't "register" guns in Texas.

Failing to have a CHL does not make a handgun an "Unlawful Weapon", in fact, Texas law makes no definition of an "unlawful weapon". seamusTX gave you the list of prohibited weapons.

In any case, a lease violation is not "breaking the law" as this person was told, nor is it a matter the police care about or could do anything about.

So thanks for the input, but a person with a handgun, illegal knife or club is NOT in violation of ANY law to have it in his apartment or on the patio.

Also, a person in possession of 2) a machine gun; (3) a short-barrel firearm; or (4) a firearm silencer; who has it registered under the National Firearms Act is not breaking the law.

and a person with a (5) a switchblade knife as an antique or curio is not breaking the law.

A person who possesses a small, commercially available device sold for self protection is not in possession of; (8) a chemical dispensing device; and would not be breaking the law.

[KBCraig]

what about #6, cause I'm always draggin' mine on the ground.
jess acks my ol' lady!

*whew!*

I'm sure glad I looked back at the first page, and saw that #6 is "knuckles"!

[Big Calhoun]

Thanks for the additional responses. Call it luck, but I had a chance to run into a DPS officer that lives in our complex while dropping off rent and posed the same question to him. I quickly explained the situation (he looked like he was heading in for work) and he just started laughing at me. Then he says, "You're fine...just don't go pointing it at anyone" and that was that.

I love this state. Law enforcement officers you can talk to and ask questions and not feel like an idiot. Coming from New Jersey, this is a treat!!!!

Thanks again for all the responses and help!!! You guys are great!

[O6nop]

I picked up on a couple good points here, one that there is a distinction between lawful and unlawful (prohibited, illegal,...) and also that it is good that theneighbor is "aware" of possible threats, but ignorant of the laws.

From reading the post, I might have thought that the neighbor saw it as "brandishing" a weapon. It would be her word against yours since she would be able to describe the gun in question. Therefore, I would try to keep any display of your weapon to a minimum to the public.
This was a point brought up in my CHL class. If they can describe your weapon and have a grudge against you, it could be trouble.

[seamusTX]

From reading the post, I might have thought that the neighbor saw it as "brandishing" a weapon.

In Texas, there is no crime called "brandishing."

There's unlawfully carrying weapons, in which case it doesn't matter whether the weapon is concealed or not, failure to conceal by a CHL holder, disorderly conduct (PC§ 42.01), and deadly conduct (PC § 22.05).

I don't mean to be a wonk, but this topic is a pet peeve.

- Jim

[Rex B]

So, the gun is fully disassemnbled, in a sealed, clear plastic container, and sitting on a wall out of reach. No way in heck could that be brandishing.

[casselthief]

hey, buddy, you don't know how dangerous TupperWare is!!!

srsly, the thing was stripped down and all taken apart.

[O6nop]

In Texas, there is no crime called "brandishing."

So, the gun is fully disassemnbled, in a sealed, clear plastic container, and sitting on a wall out of reach. No way in heck could that be brandishing.

OK, probably off the mark, just thought I'd relay a possible concern that my chl instructor brought up. He probably explained it better than I could, but it's something that sticks in my mind. Either my point was missed or I didn't make one. I may have glazed over the details since I was trying to offer something quickly during my lunch break. Sorry that I riled up any pet peeves. I also didn't want to enforce any myths about "brandishing" either. I'll be a little more careful about the posts I make. ( I think I pulled a Zumbo ).

[casselthief]

don't worry, I don't think anyone's blood pressure went up.

unless it was the nachos. they'll do that if you're not careful.

I think most folk interchange "brandishing" and "failure to conceal"
sitting on one's balcony, which as stated is within the lease agreed domicile, could not be "failure to conceal."

it's a good point, though.

[O6nop]

I should quit while I'm ahead
but for my own satisfaction, I meant it as "displaying in a threatening manner". And obviously it doesn't apply here. BUT, IF someone wanted to get you in trouble, be it an ex girlfriend, nosey neighbor, etc. that didn't like you for some reason, they could LIE about the fact that you threatened them and if they can readily describe the weapon, whether they saw it whole or in pieces, it would be their word against yours. For some, other circumstances in addition to this accusation could cause you to lose a chl. Again, this is an unlikely scenario brought up by my CHL instructor trying to help prevent us from getting into any legal issues.

MY point is that I try not to display any of my weapons, anytime, to any eyes, unless I'm actually using it. Paranoia? I suppose so.

[casselthief]

naw, I hear ya. as soon as Carl sees this, he'll tell ya what "concealed" means. and that's kinda the point. keepin' stuff to your self.

I hate that we have to hid under our covers, and have to clean our gunses with the lights off, and shades drawn.
course, kinda like that with cigarettes, too.

[txinvestigator]

I should quit while I'm ahead
but for my own satisfaction, I meant it as "displaying in a threatening manner". .

MY point is that I try not to display any of my weapons, anytime, to any eyes, unless I'm actually using it. Paranoia? I suppose so.

Alright, I think some understanding of the LAW is in order.

Texas does NOT have a brandishing law. The "intentionally fail to conceal" law only applies when you are carrying your handgun under the authority of your CHL. When you are on your own premise you are not under your CHL, there is no prohibition about having, carrying or displaying a handgun on your own premise.

The law it appears you are referencing is ;


§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 enclosed porch or patio of your premise is NOT a public place, so PC 42.01 would not apply.

The only other law that could apply is;

§22.05. Deadly conduct.

(a) A person commits an offense if he recklessly engages in
conduct that places another in imminent danger of serious bodily
injury.

(b) A person commits an offense if he knowingly discharges a
firearm at or in the direction of:

(1) one or more individuals; or

(2) a habitation, building, or vehicle and is reckless as to
whether the habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor
knowingly pointed a firearm at or in the direction of another whether
or not the actor believed the firearm to be loaded.

So unless the firearm is discharged or pointed at a person there is no crime.

[Rex B]

Typical road-rage situation, one driver makes menacing gestures and moves his vehicle as to collide with the other. 2nd driver holds up his .38 revolver as to say "Don't mess with me".

I would call that brandishing, even though it was neither pointed nor fired at the other driver. But in this case, sounds like "Disorderly Conduct" is the correct charge.

Based on arrest reports in recent years, I would expect this to be trumped up to "Making a Terroristic Threat". It makes me mad to see LEOs or DAs use anti-terror laws to punish citizens beyond the intent to the lawmakers.