I was reading this story and was thinking the same thing could happen to someone with a CHL. Does this count as someone being arrested for unintentionally failing to conceal?
I wonder how often this happens but it doesn't show up in statistics because it's cheaper to pay the extortion than fight the extortionists in court.
Failure to Conceal
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- Captain Matt
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Failure to Conceal
"hic sunt dracones"
Re: Failure to Conceal
What story are you talking about???
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
- tfrazier
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Re: Failure to Conceal
It all boils down to how much you can afford to spend on principal.
To me, and probably to most Texans that would fill jury seats, concealed means you can't see it. In which case under a bag or covered with a sheet of newspaper would mean concealed. So if you spend enough money to get an attorney and fight it you'll likely win. But you'll have spent a lot more than the value of the property you're trying to recover.
A civil suit after that claiming damages for theft and recovery expenses might work to regain attorney fees, but not likely, and might not be an option depending on tort laws.
Let's face it, Texas still has a lot of weapons (AKA "gun control" laws that rival those of northern and eastern states, and we have a lot (I said a lot, not most) of prosecutors and enforcers out there who are willing to stretch it as far as they can because they think nobody but police and military should have guns.
So the authorities have a well paved road for trumping up charges like this and stealing peoples' guns.
Good grief, San Antonio even has a city ordinance making a lock blade knife under 5.5 inches illegal, intentionally and effectively outlawing all lock blade or fixed blade knives since the state law says all fixed blades over 5.5 inches are illegal.
You still have D.A.s who run election campaigns in this state based on promises to "get guns off the streets".
And it's the general public that needs educating. The politicians and prosecutors are just going to say and promise what they think the majority of the public wants to hear. And believe me, the majority of the public loves to hear someone say semi-auto should be banned, because the majority of the public has no clue that a semi auto is any different from a full auto.
To me, and probably to most Texans that would fill jury seats, concealed means you can't see it. In which case under a bag or covered with a sheet of newspaper would mean concealed. So if you spend enough money to get an attorney and fight it you'll likely win. But you'll have spent a lot more than the value of the property you're trying to recover.
A civil suit after that claiming damages for theft and recovery expenses might work to regain attorney fees, but not likely, and might not be an option depending on tort laws.
Let's face it, Texas still has a lot of weapons (AKA "gun control" laws that rival those of northern and eastern states, and we have a lot (I said a lot, not most) of prosecutors and enforcers out there who are willing to stretch it as far as they can because they think nobody but police and military should have guns.
So the authorities have a well paved road for trumping up charges like this and stealing peoples' guns.
Good grief, San Antonio even has a city ordinance making a lock blade knife under 5.5 inches illegal, intentionally and effectively outlawing all lock blade or fixed blade knives since the state law says all fixed blades over 5.5 inches are illegal.
You still have D.A.s who run election campaigns in this state based on promises to "get guns off the streets".
And it's the general public that needs educating. The politicians and prosecutors are just going to say and promise what they think the majority of the public wants to hear. And believe me, the majority of the public loves to hear someone say semi-auto should be banned, because the majority of the public has no clue that a semi auto is any different from a full auto.
- tfrazier
- Senior Member
- Posts: 657
- Joined: Tue May 08, 2007 8:02 pm
- Location: 1308 Laguna Vista Way, Grapevine, Texas 76051
- Contact:
Re: Failure to Conceal
He's referring to this thread:Keith B wrote:What story are you talking about???
http://texasshooting.com/TexasCHL_Forum ... 15&t=24456" onclick="window.open(this.href);return false;
He hyper-linked it to the words "this story" in his post.
Re: Failure to Conceal
Man, I must be going blind!!tfrazier wrote:He's referring to this thread:Keith B wrote:What story are you talking about???
http://texasshooting.com/TexasCHL_Forum ... 15&t=24456" onclick="window.open(this.href);return false;
He hyper-linked it to the words "this story" in his post.

Thanks!
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4