Author Topic: Accidental Display of Firearm  (Read 5276 times)

sglawrence

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Accidental Display of Firearm
« on: March 11, 2015, 09:07:23 PM »
I pocket carry, but when I'm driving I put the firearm into the console of my car.  When I'm moving the weapon from my pocket to the console or from the console to my pocket it's visible to people in my vicinity.  Is this legal or illegal?  Thank you.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Accidental Display of Firearm
« Reply #1 on: March 12, 2015, 02:04:17 PM »
sglawrence,

Technically, it is illegal any time your firearm is unconcealed in your vehicle. Practically, we all know it must come unconcealed from time to time when you move your firearm around in your vehicle. Be as discrete as possible, and for all practical purposes you should be fine.

Thank you for your question.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

sglawrence

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Re: Accidental Display of Firearm
« Reply #2 on: April 04, 2015, 11:38:28 AM »
That's pretty much what I figured.  Thank you for the confirmation.

Steve
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

RonJeanJr

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Re: Accidental Display of Firearm
« Reply #3 on: April 29, 2015, 05:29:40 PM »
THIS is actually the #1 reason for me in why I am excited about the open carry being allowed in Texas.  Personally, having a CHL for that hopefully-never defense situation, I prefer it being concealed, as a perp would obviously try to snatch it from you from behind if he knew you had it to use it for harm.  But with open carry, I wouldn't even have to worry about legal ramifications if my shirt incidentally moved in the wrong direction while picking something up, etc.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Neighbor

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Re: Accidental Display of Firearm
« Reply #4 on: April 29, 2015, 08:58:02 PM »
A quick question in regard to accidentally exposing the weapon. If you are in a business that allows concealed carry but not open carry and you expose the weapon accidentally could the owner consider you open carry and ask you to leave? Or worse yet, if he has a legal "no open carry" posting would you be in a position where you could be charged with carrying where not permitted?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Accidental Display of Firearm
« Reply #5 on: May 05, 2015, 10:20:30 AM »
Neighbor,

Currently, accidental reveals of your firearm are not a criminal act. Assuming open carry passes, and we get some variation of a 30.07 law to prohibited open carry in a private place, an accidental reveal should, presumably, not be a violation of that law. Could a private property owner ask you to leave because of your accidental reveal? Yes, and you would need to obey so as not to become a criminal trespasser. But it is unlikely you would suffer any criminal consequence from the accidental reveal alone.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

mecaraway

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Re: Accidental Display of Firearm
« Reply #6 on: May 30, 2015, 11:58:26 PM »
Quote from: "sglawrence"
I pocket carry, but when I'm driving I put the firearm into the console of my car.  When I'm moving the weapon from my pocket to the console or from the console to my pocket it's visible to people in my vicinity.  Is this legal or illegal?  Thank you.

I just read the new open carry bill as passed and unfortunately the language states that the handgun must be in a belt or shoulder holster even in a vehicle. Basically, I see nothing that addresses the issue of moving a weapon from one's person to about one's person addressed anywhere in the bill. I'm probably nitpicking but that seems like a ridiculous oversight on the part of the legislators.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »