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Unintentional Display
Posted: Tue Jul 19, 2016 10:20 am
by JMod45
Prior to open-carry being legal, I remember reading in the penal code that it was a "defense to prosecution" if a firearm was displayed unintentionally. I believe this was added shortly before open carry was passed. With open carry now legal, the only time this would be an issue is in a posted 30.07 area that is not 30.06, or (as of August 1) on college campuses.
Did this wording get removed once open-carry was implemented? I am trying to find it in the new penal code, but I haven't had any luck yet.
Re: Unintentional Display
Posted: Tue Jul 19, 2016 10:31 am
by RoyGBiv
46.035. Emphasis is mine.
Sec. 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.
Re: Unintentional Display
Posted: Tue Jul 19, 2016 10:48 am
by JMod45
Ok, so the way I am reading, it is only an offense if it is intentionally displayed. I think this was worded differently a couple years ago, and that's why I wasn't seeing it.
Thank you.
Re: Unintentional Display
Posted: Tue Jul 19, 2016 11:11 am
by Skiprr
The language in that clause was changed in the 2013 legislature, effective September 1, 2013. The previous §46.035(a) read: "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 fails to conceal the handgun."
Re: Unintentional Display
Posted: Tue Jul 19, 2016 11:24 am
by vjallen75
Skiprr wrote:The language in that clause was changed in the 2013 legislature, effective September 1, 2013. The previous §46.035(a) read: "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 fails to conceal the handgun."
Based off of what the wording is now it is only a crime if the handgun is partially or wholly visible and is
NOT in a holster, correct?
Re: Unintentional Display
Posted: Tue Jul 19, 2016 12:06 pm
by Soccerdad1995
vjallen75 wrote:Skiprr wrote:The language in that clause was changed in the 2013 legislature, effective September 1, 2013. The previous §46.035(a) read: "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 fails to conceal the handgun."
Based off of what the wording is now it is only a crime if the handgun is partially or wholly visible and is
NOT in a holster, correct?
And is intentionally displayed, so the prosecution would also have to prove intent.
For example, I unholster to enter a 30.06 / 30.07 posted location. Upon returning to my vehicle, I re-holster, but a passerby happens to be at just the right angle to me and sees my gun in my hand for a moment before it is secured in my holster. I should be OK unless it is proven that I intentionally displayed my gun outside of it's holster.
Re: Unintentional Display
Posted: Tue Jul 19, 2016 1:29 pm
by JMod45
In regards to campus carry, this is in the 46.035 section.
Text of subsection effective on August 01, 2016
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
It does have the wording
"intentionally or knowingly displays" which does answer my question in regards to campus carry. Thank you RoyGBiv for pointing me in the right direction.
Re: Unintentional Display
Posted: Tue Jul 19, 2016 1:51 pm
by vjallen75
Soccerdad1995 wrote:And is intentionally displayed, so the prosecution would also have to prove intent.
For example, I unholster to enter a 30.06 / 30.07 posted location. Upon returning to my vehicle, I re-holster, but a passerby happens to be at just the right angle to me and sees my gun in my hand for a moment before it is secured in my holster. I should be OK unless it is proven that I intentionally displayed my gun outside of it's holster.
Thank you sir
