Legality question to an oops

Legality question to an oops

This is a discussion on Legality question to an oops within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So yesterday (Sunday) after church we go out to lunch with several other folks. I had my LCP in my front pocket but also had ...

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    Member Array drhuggybear's Avatar
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    Question Legality question to an oops

    So yesterday (Sunday) after church we go out to lunch with several other folks. I had my LCP in my front pocket but also had my White Hat holster on with my shirt tucked in but didn't have anything in that holster -- it was on for later. I was teaching our bible study that morning so I was trying to keep my printing to a minimum. In our bible study on a given Sunday morning there are anywhere from 3 to 5 guys carrying -- anyway .

    When we get to the restaurant I untuck my shirt, put the Glock in the holster, add my spare mag to my belt and head inside with the family. As I am walking in I decide to go tuck in the shirt so I head to the mens room and get all tucked in. We have lunch, go to the grocery store and then head home.

    Anyone catch the mistake? I didn't until I got home. When I get home I go to change clothes and notice that I still have my spare mag on my belt. OOPS!

    So I am in Texas ... did I break a law by open carrying a magazine? I wouldn't think so but ...

    Thoughts?


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    VIP Member Array ccw9mm's Avatar
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    What's the mistake ... an infraction of TX-specific law? Uncertain what those are, regarding carry of a sidearm, other than no lawful OC of sidearms exists in TX. So long as your sidearm wasn't openly visible, I'd say you were fine.
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    Is it against the law to OC a magazine in Texas? Or is it limited to "firearms"? What do TX statutes say?
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    Member Array drhuggybear's Avatar
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    I haven't been able to find that. I was asking to see if anyone knew :)

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    I may be mistaken (wouldn't be the first time), but as far as I know, it is not illegal to OC a magazine in TX.
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    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by OldVet View Post
    What do TX statutes say?
    PENAL CODE CHAPTER 46. WEAPONS

    The open carry prohibition applies specifically to "handgun".
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    The Magazine is not a "Firearm" you broke no TX CHL laws
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    VIP Member Array StormRhydr's Avatar
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    Im in TN. If you have a CCP, you can carry openly as well. So until I got to this forum, I had NEVER heard a concern over the legality of "printing". Much less about a mag showing.

    Apparently both are real concerns to people, depending on where one lives, but its a real eye opener, for some of us.
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    Senior Member Array daffyduc's Avatar
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    Quote Originally Posted by StormRhydr View Post
    Im in TN. If you have a CCP, you can carry openly as well. So until I got to this forum, I had NEVER heard a concern over the legality of "printing". Much less about a mag showing.

    Apparently both are real concerns to people, depending on where one lives, but its a real eye opener, for some of us.
    Yup. Me too.

    Technically the tn permit is not a ccp its a cwp. Carry weapons permit. Does not specify concealed. ;)


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    Anyone with a concealed handgun license in Texas should bookmark this URL and/or print it out:

    http://www.txdps.state.tx.us/interne...rms/chl-16.pdf

    There is no mention of a magazine having to be concealed. I think your 'oops' would fall more under the category of 'not-recommended'.

    And here's a great book that explains all the laws and regulations:

    http://www.amazon.com/The-Texas-Gun-.../dp/1889632384

    The Texas Gun Owner's Guide - 8th Edition Perfect Paperback – November 7, 2013
    by Alan Korwin (Author) , and Georgene Lockwood (Author)


    "Get all the gun laws word-for-word and in plain English too. The Texas Gun Owner's Guide includes all the state gun laws for having, buying, selling, carrying and using firearms, then describes them in plain English; plus, details on the use of deadly force and self defense, concealed-handgun licenses, special weapons, gun safety, school and kid laws, transportation, federal laws... you get the most complete coverage available for the Texas approach to the Second Amendment to the Constitution.

    The perfect guide for CHL students and all gun owners, goes way beyond the bare minimum provided by DPS."
    Last edited by BenGoodLuck; November 11th, 2013 at 10:33 PM.
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    Member Array BobbyLee's Avatar
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    In Texas I carry my extra mag holster runs sideways in line with my belt and no one notices.
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    It is not illegal in Texas but it might bring about unwanted attention by LEO's if reported.
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    VIP Member Array Kennydale's Avatar
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    I can't imagine it being z big error. TX refined the Conceal law last session...I doubt it would be a big deal.

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    Ex Member Array detective's Avatar
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    Quote Originally Posted by drhuggybear View Post
    So yesterday (Sunday) after church we go out to lunch with several other folks. I had my LCP in my front pocket but also had my White Hat holster on with my shirt tucked in but didn't have anything in that holster -- it was on for later. I was teaching our bible study that morning so I was trying to keep my printing to a minimum. In our bible study on a given Sunday morning there are anywhere from 3 to 5 guys carrying -- anyway .

    When we get to the restaurant I untuck my shirt, put the Glock in the holster, add my spare mag to my belt and head inside with the family. As I am walking in I decide to go tuck in the shirt so I head to the mens room and get all tucked in. We have lunch, go to the grocery store and then head home.

    Anyone catch the mistake? I didn't until I got home. When I get home I go to change clothes and notice that I still have my spare mag on my belt. OOPS!

    So I am in Texas ... did I break a law by open carrying a magazine? I wouldn't think so but ...

    Thoughts?
    It would have be an awfully sharp-eyed and also very bored cop who would even know you had a mag in your belt let alone DO anything about it. Besides, the GUN has to be concealed. If you want to walk around with a chain made out of holsters and gun-cleaners around your neck - perfectly legal as far as I know (non-lawyer).
    However, if you do that (wear a chain of holsters and gun cleaners as a necklace) I would make a hurried appointment with the first Psychiatrist in the phone book I could find.

    A GREAT "PRINTING' STORY
    :

    If you're worried about a mag, how would you feel about this:


    Few years ago, I have on a full-size Colt 1911, Special Edition, in Bright Polished Stainless Steel, like a mirror it shown (unfortunately the gun went defunct a month later, chamfered interior of the slide - useless now) but THEN it was still great and really BRIGHT and beautiful. So, on the way to the range, needing only a vest to cover it, (once at the range of course you can show your gun), I stop and get a coffee to go at at a Continental-type Bijou- coffee and pastry place. I know the guy behind the register which is on a counter about chest-level high. I have my hands and wallet there to pay and a cop walks in. I think I talked to him at another place for a few minutes when he was on a break awhile before that.

    Anyway, the cop also know the guy at the register, smiles and waves and kind of smiles at me and comes up to our area. Weirdly, he stands VERY close to me. Then says quietly; "You got a permit for that?" Immediately I realized my gun must have printed and I say "Yes". I start to take it out of my wallet and he says quietly:
    "DON'T turn towards your right (where he was). I don't want to make a scene". Believe me, I DIDN'T turn towards the right. I realize he's positioned himself to be able to stop me with force if make a move with my arm down and is likely set to draw his own gun along with it.

    He looks at the permit, asks if I have the 1911 on (in my state the guns you have are listed), I say yes and he relaxes. I said it must have showed a little.
    He starts laughing: "Showed A LITTLE!?"

    He told me while he was driving by he saw that I had leaned back into my car to grab a newspaper and the vest had slipped BEHIND the gun. He told me I put on quite a show for the whole neighborhood with this very large, mirrored finished gun blazing in the sunlight. He said he saw me walking with the gun showing plain as day, open the door to the shop and walk right up to the cashier!
    Slamming his brakes on he followed me in. He said: I think I met you before, and you don't look like an armed robber (I'm 66) and most of them don't walk in for a hold-up with their gun showing like a neon sign, but I had to check.

    He was still laughing as he left, advising me on the way out to invest in a longer vest.

    Nice guy, handled it quiet and professionally, didn't freak me or the whole place out, and got his job done. No repercussions for me.

    So, all in all, I think you can stop worrying about the mag.
    BenGoodLuck likes this.

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