Backdoor Open carry passed???

[Tommyh]

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.

[Z7_Matt]

Sketchy

[Tuffbroadhead]

So what if you are carrying and someone flips out and draws a ridiculous amount of attention to you? It would seem to me that it is more or less the cop's call. Am I wrong on thinking that?

From the way it reads I would tend to believe that you Sir are 100% correct and it would be a "defense to prosecution"..

[apc10]

So what if you are carrying and someone flips out and draws a ridiculous amount of attention to you? It would seem to me that it is more or less the cop's call. Am I wrong on thinking that?

[duckmanep]

interesting.

[Tuffbroadhead]

I just read this and it certainly looks as if ....HAHHAH draw your own conclusions..Craig Estes is SNEAKY!!

SB299 is on the way to the Governors Desk. Here is the key provision:

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 [fails to conceal the handgun] displays the
handgun in plain view of another person in a public place in a
manner calculated to cause alarm and not pursuant to a justified use
of force or threat of force as described in Chapter 9.



"in a manner calculated to cause alarm" will soon be a requirement to be considered unconcealed. If you are open carrying a handgun and it is NOT in a manner calculated to alarm, you are GTG. Someone please point me to Case Law where it has been ruled a holstered firearm on your hip is not calculated to alarm. Could Estes have possibly know about such a Case when he introduced this bill?