Come on Texas!!!! - Page 3

Come on Texas!!!!

This is a discussion on Come on Texas!!!! within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by MJB_17 Penal Code Sec. 42.01 (8) You're treading on thin ice of getting charged under 22.02 (a)(2) also. Maybe 42.01(8) might float... ...

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  1. #31
    Senior Member Array USM1976's Avatar
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    Quote Originally Posted by MJB_17 View Post
    Penal Code Sec. 42.01 (8)

    You're treading on thin ice of getting charged under 22.02 (a)(2) also.
    Maybe 42.01(8) might float...

    PC 22.02(a)(2) orobably won't float becuase one has to assault another.

    I guesswhast I need to do is regress and ask how you define "brandish". I see the definition as "to wave or flourish meanacingly or marked by or fond of conspicuous or vainglorious and sometimes pretentious display. Merely having someone see that you are carrying a handgun is not brandishing. waving it around menacingly is the Disorderly Conduct charge, which could get your license revoked.

    Oh, and you're the first person I've met who knows how to use a penal code for research...you LEO ???


  2. #32
    VIP Member Array farronwolf's Avatar
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    Texas doesn't have a "brandish" law.

    It is disorderly conduct.

    Or could fall under assault. 22.01 (a) (2).

    Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

    (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  3. #33
    VIP Member Array mcp1810's Avatar
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    Or for a slam dunk, 46.035 (a)
    (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.
    That would be real easy to charge someone unless:
    (h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.
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  4. #34
    Senior Member Array USM1976's Avatar
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    Quote Originally Posted by mcp1810 View Post
    Or for a slam dunk, 46.035 (a)

    That would be real easy to charge someone unless:
    This is what I was trying to get at...there is no bandishing law in Texas, however, possible other avenues. What I'm really curious about is what everyone's defintion of "brandish". Waving it around ? Pointing the handgun at someone without the threat of deadly force against you ? OR, just having your shirt expose the gun accidently or someone seeing the "print" of the holstered handgun under a shirt and reporting such. Accidental or unintentional exposure of the handgun isn't a criminal offense. As you well noted under Government Code Chapter 411 the act has to be intentional.

    Now, regarding "defenses" under texas does not mean it a guarantee agsinst prosecution. Penal Code Section 2.03...

  5. #35
    VIP Member Array mcp1810's Avatar
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    Also as far as defenses,
    Texas Statutes - Section 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.
    And while Texas may not have a specific definition of "brandishing" we do have a fairly reasonable definition of "concealed handgun". From Govt. Code 411.171:

    (3) "Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
    So don't anyone try packing a Desert Eagle in a smart carry in your spandex bicycle shorts. It is not only wrong, it is illegal!
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  6. #36
    Member Array OJDerrick's Avatar
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    Will I open carry on person? Probably never. In the car? Yes please!

    I can't wait for this to pass. I hate having the gun on my person in the car. I can't get to it with the seatbelt on!

  7. #37
    Senior Member Array USM1976's Avatar
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    Quote Originally Posted by mcp1810 View Post
    Also as far as defenses,

    And while Texas may not have a specific definition of "brandishing" we do have a fairly reasonable definition of "concealed handgun". From Govt. Code 411.171:


    So don't anyone try packing a Desert Eagle in a smart carry in your spandex bicycle shorts. It is not only wrong, it is illegal!
    That's what I'm trying to convey to those who seem to have some fear about "printing" and an accidental display of their handgun. It is based upon the "observations of a reasonable person" and/or "NOT discernible to the Ordinary operson". Most people wouldn't know what anyone has under their shirt, and in fact, I have carried a handgun for just short of 35 years and not one person has ever stopped me to ask what I was carrying under my shirt. This from 30 years of law enforcement in the largest city in Texas.

    Besides, 'brandish" carries the connotation of deliberate display in a decided act. Yes, that can be pursued as a criminal act.

  8. #38
    VIP Member Array Aceoky's Avatar
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    46.035 (a)
    (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.

    I do not see "how" you can be charged for this for "printing" OR your shirt riding up etc. you did Not fail to conceal intentionally or otherwise it was concealed and somehow by accident "revealed" .......IMO
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  9. #39
    Senior Member Array USM1976's Avatar
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    Quote Originally Posted by Aceoky View Post
    46.035 (a)
    (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.

    I do not see "how" you can be charged for this for "printing" OR your shirt riding up etc. you did Not fail to conceal intentionally or otherwise it was concealed and somehow by accident "revealed" .......IMO

    My point exactly...what I was trying to say, at least to those in Texas as it seems ther eis a concern about it......it has to be a deliberate act, not a accident. To me the word "brandish" has the connotation of willingly displaying the gun in one's hand and possibly in a enacing manner. That issue is covered by laws in the Penal Code.

  10. #40
    Ex Member Array gregnsc's Avatar
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    We don't have OC in S.C.I wouldnt unless i had to.Just don't want anyone to know,but hey each to their own

  11. #41
    Ex Member Array MJB_17's Avatar
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    Quote Originally Posted by mcp1810 View Post
    Also as far as defenses,

    And while Texas may not have a specific definition of "brandishing" we do have a fairly reasonable definition of "concealed handgun". From Govt. Code 411.171:


    So don't anyone try packing a Desert Eagle in a smart carry in your spandex bicycle shorts. It is not only wrong, it is illegal!
    The wearing of said "spandex bicycle shorts" warrants a PC section in and of itself...

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