What exactly is failure to conceal?

[johncanfield]

Okay, not a newbie here and have been carrying daily for maybe a year and a half. It's summer now (usually ) and my summer dress is shorts and a large T-shirt with my M&P 9c OWB at about 4:00. The question is what if my T-shirt rides up and exposes part of the leather holster and nothing overt vis-a-vis the gun itself. Probably most people would assume that IS a gun holster but that's an assumption.

What say ye learned mates?

[The Annoyed Man]

What you need to worry about, and what is in the wording of the law, is "intentional failure to conceal."

Unintentional failure to conceal means that you inadvertently exposed your firearm. Printing does not count.....unless perhaps you're printing through a transparent gauzy shirt and it's tight enough to read the rollmarks through it.

But if you consider the word "intentional" in the phrase "intentional failure to conceal," what you have is Open Carry, which is currently against Texas law.

Bottom line......somebody might think they know what that lump under your shirt is, but "think" doesn't mean anything. If they can't SEE the gun, they don't KNOW what you've got on your belt.

If your shirt rides up and exposes part of the holster, its not the gun, per se, but it is pretty obvious what you've got there. I would make sure to wear shirts that will cover it. I buy a lot of those lightweight "fishing" type shirts you can get at Academy/BassPro/Cabelas, made by Columbia and other similar makers. You can usually find them on sale for pretty reasonable prices. They are long enough to conceal the gun/holster easily, but they are light enough and well enough ventilated that they are actually cooler than most T-shirts.

[C-dub]

I thought you said you weren't a newbie?

[johncanfield]

Not a newbie but always learning ...


Thanks TAM..

[Ericstac]

What if you are concealed properly but, in natural habit, squat down to pick something up and as you do the shirt comes up over the gun and gets snagged on the gun and when you stand up the shirt stays behind the gun exposing it for all to see yet you have no idea it is like this? This is my fear and if watched I'm sure everyone knows I'm carrying because I'm constantly shirt checking myself to make sure it is not doing this

[bdickens]

Put it on.

Cover it up.

Forget about it.

Like TAM pointed out, "intentional failure to conceal" is what is unlawful.

[JJVP]

Okay, not a newbie here and have been carrying daily for maybe a year and a half. It's summer now (usually ) and my summer dress is shorts and a large T-shirt with my M&P 9c OWB at about 4:00. The question is what if my T-shirt rides up and exposes part of the leather holster and nothing overt vis-a-vis the gun itself. Probably most people would assume that IS a gun holster but that's an assumption.

What say ye learned mates?

Come Sept 1, you don't have to worry about "failure to conceal". SB299 was signed by Perry on 5/18/13

SB299 (Estes, R, A+): Relating to the unintentional display of a weapon by a person licensed to carry a concealed handgun.
Impact: Clarifies that unintentional or accidental exposure of a handgun by a person holding a Texas Concealed Handgun License (or a recognized license from another state) is not an offense.
Status: Final passage 5/7/13; signed by Gov. Perry 5/18/13 .
Position on Bill: Support, excellent bill!

Code, are amended to read as follows:
(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 [fails to conceal] the handgun in plain
view of another person in a public place.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of force or deadly force under Chapter 9.
SECTION 2. The change in law made by this Act applies only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.

[locke_n_load]

Okay, not a newbie here and have been carrying daily for maybe a year and a half. It's summer now (usually ) and my summer dress is shorts and a large T-shirt with my M&P 9c OWB at about 4:00. The question is what if my T-shirt rides up and exposes part of the leather holster and nothing overt vis-a-vis the gun itself. Probably most people would assume that IS a gun holster but that's an assumption.

What say ye learned mates?

Come Sept 1, you don't have to worry about "failure to conceal". SB299 was signed by Perry on 5/18/13

SB299 (Estes, R, A+): Relating to the unintentional display of a weapon by a person licensed to carry a concealed handgun.
Impact: Clarifies that unintentional or accidental exposure of a handgun by a person holding a Texas Concealed Handgun License (or a recognized license from another state) is not an offense.
Status: Final passage 5/7/13; signed by Gov. Perry 5/18/13 .
Position on Bill: Support, excellent bill!

Code, are amended to read as follows:
(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 [fails to conceal] the handgun in plain
view of another person in a public place.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of force or deadly force under Chapter 9.
SECTION 2. The change in law made by this Act applies only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.

Come September 1st, you don't have to worry about unintentional "failure to conceal". You still can't pull up your shirt or display on purpose, unless "the actor would have been justified in the use of force (NEW!) or deadly force..."

[G26ster]

Come September 1st, you don't have to worry about unintentional "failure to conceal". You still can't pull up your shirt or display on purpose, unless "the actor would have been justified in the use of force (NEW!) or deadly force..."

You will be able to display on purpose as long as it is not "... in plain view of another person in a public place."

[Wes]

What if you are concealed properly but, in natural habit, squat down to pick something up and as you do the shirt comes up over the gun and gets snagged on the gun and when you stand up the shirt stays behind the gun exposing it for all to see yet you have no idea it is like this? This is my fear and if watched I'm sure everyone knows I'm carrying because I'm constantly shirt checking myself to make sure it is not doing this

If you do not intentionally show it, ie it is accidental because the shirt snagged on something as in your example, it is not a crime. Someone may still call the cops though and they may still harass you, but you did nothing wrong. If it is concerning, remember to buy some shirts that are longer or larger than normal to help prevent it. Different holsters for different attire is good way to help too, I have one holster that is good when I am dressed for a nice night out and one for normal clothes and another for shorts in summer. It's all about being comfortable, having easy access, and making sure it is not readily discernible.

[kde71450]

Its the 3Speed Holster (http://3speedholster.com/. Not your conventional holster but i like wearing drawstring shorts and it works very well in concealing.

[E.Marquez]

SB299 is a nice change indeed, congrats to all those that had a hand in it's drafting, support and of course Signature.

If the LEO and ADA really want to push something on a person who had a MWAG event.. There is always
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
SNIP
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Charge first, let a Judge and jury decide if it was Intentional , Knowingly and calculated to cause alarm.

I've long since learned, what I and those like me think and believe is common sense and obvious is less common and sensible then i used to believe.

[TexasGal]

...I've long since learned, what I and those like me think and believe is common sense and obvious is less common and sensible then i used to believe.

[johncanfield]

Come September 1st, you don't have to worry about unintentional "failure to conceal". You still can't pull up your shirt or display on purpose, unless "the actor would have been justified in the use of force (NEW!) or deadly force..."

That's a great advancement

[wrinkles]

SB299 is a nice change indeed, congrats to all those that had a hand in it's drafting, support and of course Signature.

If the LEO and ADA really want to push something on a person who had a MWAG event.. There is always
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
SNIP
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Charge first, let a Judge and jury decide if it was Intentional , Knowingly and calculated to cause alarm.

I've long since learned, what I and those like me think and believe is common sense and obvious is less common and sensible then i used to believe.

SB229 did away with "in a manner calculated to alarm".

(a)AAA 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.