Author Topic: Legality of flashing or showing pistol  (Read 673 times)

Glockman93

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Legality of flashing or showing pistol
« on: April 21, 2017, 01:28:23 PM »
What is the legality of flashing your pistol?  For example 1 if someone is becoming a problem and you are open carrying with your shirt over you gun and you pull your shirt up to show that you are carrying.  Would this be legal? 

Example 2 though this might not be the smartest situation but if you are open carrying up you shirt is over your holster and gun and say you are meeting your buddy and he askes if you are carrying so you pull your shirt up to show him your holstered gun.  Someone one sees you and calls the police.  Could you have a problem when the police arrive?



I consider my self open carrying because I do open carry most of the time but sometimes I don't tuck my shirt behind my gun so its not completely noticeable able.  Not sure if that would be classified as concealed.  I like to call it the I'm not showing it off but don't really care if its seen carry style.

TexasLawShield

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Re: Legality of flashing or showing pistol
« Reply #1 on: April 27, 2017, 02:24:58 PM »
Glockman93,

This question requires looking at the Texas Penal Code.

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

If you are “flashing” you pistol to create apprehension in another person, this will be considered a use of force and must be justified. Texas Penal Code section 9.31 states, “person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.”  If you do not meet this standard, then your actions will be a crime. Keep in mind that force is never justified because of verbal provocation alone.

In your second scenario, as long as you are not acting to create apprehension in another person, your actions are not a crime. Keep in mind that the firearm must be in a belt or shoulder holster in order to lawfully open carry.