Backdoor Open carry passed???

[rossivey]

Open Carry is dead for this session. It can be taken up again in 2015.

Accidental exposure is not illegal under current law. Changing a couple of words appears to make the law easier for some people to understand. It still will not stop someone from calling the police. Hopefully it be easier for the responding officer to understand the law and will keep an officer from making an unlawful arrest.

I hope so

[tvc184]

This just clarifies the accidental exposure clause. Makes it clear that as long as you aren't intentionally showing off your holstered pistol you can't get in trouble.

Keep in mind that exposure can still lead to you being asked to leave the premises by someone in management.

I would not go as far as "can't get in trouble".

Remember than an arrest is officer's discretion if he believes that you violated the law and has at least probable cause (in his opinion). Probable cause basically means that it is more than 50% likely.

What happens when you are shopping and grandma sees your handgun exposed? When the officer responds, she "claims" that it was intentional? You looked right at her and leaned over and intentionally showed your handgun when your shirt came up. Now the officer has a person that is ready to testify that you violated the law and the officer takes her statement and arrests you. Of course you will likely say that you were reaching for something on the bottom shelf at the store and your shirt came up and it was accidental.

It comes down to your word against hers. I can almost guarantee that in my county, the charges will be dropped by the DA (and no grand jury for misdemeanors) and the charges will end within a day or so after the arrest when the case is submitted for review. Unless it has changed, in some large counties like Harris County, they will get the DA on the phone and make a decision right there at the scene. If not you can have your day in court and your lawyer will probably have an easy time of convincing a jury that is was all an accident (which is why the DA will likely drop charges quickly).

None of that guarantees that you will not "get in trouble". You might get "out of trouble" but exposure still might make trouble come your way. Hopefully officers responding to such situations will do nothing or at least not make an arrest and only file a report and let the DA review it and make a determination, hopefully in the CHL holder's favor.

In most cases from any type of crime that is what I tell my officers. When in doubt, do not make an arrest and write it up and let the DA make a decision. If the case if that iffy, it will likely end up in no charges filed anyway.

[flatlander]

it will most definitely be up to LEO discretion, but expect to be disarmed. this is meant to keep you from having to worry about printing or accidental exposure. "intent" of the law will be placed into the record for judicial review once a case is brought before the courts, and the state congress will be on record as meaning such with this one.

This is what came to my mind. Probably trying to protect the accidental 'display' if it falls out of your pants from carry gangsta' style.

I'd hate to have to argue the point in court the way it is written now, all it takes is one person to freak out,....

[LostHawg]

...shall not be infringed.

[Chad C]

I would not go as far as "can't get in trouble".

Remember than an arrest is officer's discretion if he believes that you violated the law and has at least probable cause (in his opinion). Probable cause basically means that it is more than 50% likely.

What happens when you are shopping and grandma sees your handgun exposed? When the officer responds, she "claims" that it was intentional? You looked right at her and leaned over and intentionally showed your handgun when your shirt came up. Now the officer has a person that is ready to testify that you violated the law and the officer takes her statement and arrests you. Of course you will likely say that you were reaching for something on the bottom shelf at the store and your shirt came up and it was accidental.

It comes down to your word against hers. I can almost guarantee that in my county, the charges will be dropped by the DA (and no grand jury for misdemeanors) and the charges will end within a day or so after the arrest when the case is submitted for review. Unless it has changed, in some large counties like Harris County, they will get the DA on the phone and make a decision right there at the scene. If not you can have your day in court and your lawyer will probably have an easy time of convincing a jury that is was all an accident (which is why the DA will likely drop charges quickly).

None of that guarantees that you will not "get in trouble". You might get "out of trouble" but exposure still might make trouble come your way. Hopefully officers responding to such situations will do nothing or at least not make an arrest and only file a report and let the DA review it and make a determination, hopefully in the CHL holder's favor.

In most cases from any type of crime that is what I tell my officers. When in doubt, do not make an arrest and write it up and let the DA make a decision. If the case if that iffy, it will likely end up in no charges filed anyway.

So, if said officer suffers from little man or big ego...you likely get arrested.

[tvc184]

So, if said officer suffers from little man or big ego...you likely get arrested.

Or believes the witness.

[Chad C]

Or believes the witness.

Doesn't sound like accidental exposure and to think that this was suppose to add clarity to an already existing measure for accidental exposure...

[NelsonV]

What is the big deal about open carry?? Why would seeing a gun on someone's hip cause someone to panic?? It's a gun not the plague. If the law was passed then everyone would expect to see a gun in the open.

[tvc184]

Doesn't sound like accidental exposure and to think that this was suppose to add clarity to an already existing measure for accidental exposure...

I brought that up before when you made a comment about the new proposed law in another thread. It does nothing to change existing law. Some people might find the wording easier to understand or better clarity as you say.

Like any law, it will depend on the circumstances and the decision of the officer at the scene. The officer only needs PC to make an arrest. Therefore under the current and new wording it will be best to try and keep the handgun from being seen. It will not mean that a person is guilty unless he intentionally showed the gun but it might make for some unpleasant detention and/or arrest until a decision is made farther up the line.

[Chad C]

Brandishing a firearm and oops my shirt is too short, sounds like they missed the boat on what they were attempting to dictate.

I'm no Matlock so I'll seek advice from my attorney on how the law reads.

[kikn]

....Shameful deletion of post...

[Tuffbroadhead]

You can open carry an "Unloaded" gun. You just can't have a magazine or a bullet chambered (Semi) on a revolver you just can't have any bullets in the gun. Once you put the magazine in the gun or load a round in the chamber is when you will get in serious trouble. Unless you have laws that allow you to open carry a "Loaded" gun

LOL!! Good luck with that...

[M16]

You can open carry an "Unloaded" gun. You just can't have a magazine or a bullet chambered (Semi) on a revolver you just can't have any bullets in the gun. Once you put the magazine in the gun or load a round in the chamber is when you will get in serious trouble. Unless you have laws that allow you to open carry a "Loaded" gun

I thought I heard a thump when the turnip truck came by.

[Davoh]

...shall not be infringed.

As much as I'd like to agree with this in principal, reality is a different thing. Facts are that we as members of this society have to deal with the repercussions of stupidity around us, including within legislative restrictions. Every time I hear someone say something like this, it strikes me as a kid sticking his fingers in his ears and yelling "LALALA I CANT HEEEAAARRR YOUUU"

Stick your head in the sand out of principal all you want, reality will bite you in the darriare while you're pretending words on a piece of paper mean anything to those who lord over us.

[kikn]

LOL that would be me...

I thought I heard a thump when the turnip truck came by.

Currently I stand corrected.

I swear I read that you could; but it was like a decade ago. And all I can find so far is for rifles and they have to be unloaded.

So I will retract my previous post so there is no confusion.