Texas expose carry =1 yr jail & $4k fine

This is a discussion on Texas expose carry =1 yr jail & $4k fine within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; And although has a Concealed Handgun License, the law forbids carrying the handgun openly. Such a violation is a Class A misdemeanor punishable by up ...

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Thread: Texas expose carry =1 yr jail & $4k fine

  1. #1
    Ex Member Array DOGOFWAR01's Avatar
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    Texas expose carry =1 yr jail & $4k fine

    And although has a Concealed Handgun License, the law forbids carrying the handgun openly. Such a violation is a Class A misdemeanor punishable by up to a year in jail and a $4,000 fine.

    Appears Texas has a very heavy penalty for "exposing" a handgun while carrying concealed and open carry is forbidden.

    Texas Poster(s) ? Comments.

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  3. #2
    VIP Member Array tns0038's Avatar
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    Wow… that’s kind of strong..

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    VIP Member Array farronwolf's Avatar
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    Yep, concealed mean concealed.

    I will have to look for the actual code, but if I remember it says something about intentionally fails to conceal or something of that nature.

    So I doubt that you would bear the full brunt of the law if you happened to be bending or grabbing for something and a portion of your gun was visible for a moment. I of course do not want to volunteer to be the test case so I make every effort not to let that happen.
    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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    VIP Member Array randy7601's Avatar
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    Accidental or incidental exposure is not a problem in Texas.

    Personally, I would like to have the option to open carry in Texas (Hey, it's Texas after all!). I don't know if I would, but I want to have the choice.
    Randy
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    VIP Member Array David in FL's Avatar
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    A big difference between inadvertant exposure/printing and intentional open carry. The penalty to which you refer applies to the latter, not the former.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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    Member Array tomcatg's Avatar
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    That stinks. Like the other poster said "It's Texas" for crying out loud!

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    VIP Member Array edr9x23super's Avatar
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    I have spoken to quite a few LEOs here in TX, and they are pretty lenient about that sort of thing here.

    The first time it happened to me, I was filling the beast with diesel at a diamond shamrock station down in Tilden; a cold front had just blown in and my carry gun was in my shoulder rig, when my jacket blew open and displayed my gun to all. When I looked over and saw a state trooper smiling at me. I tried to maintain my composure, and when he got out and started heading my way, I got that sick feeling in my stomach. He kept on smiling as he walked over and asked to see my license; I complied as per state law, and was even more surprised when he motioined me over to his car and told me to get in. He then explained to me that he needed to "inspect" my weapon, and we spent the next 20 minutes admiring my Springfiled champion and his lamenting that he could not carry one on duty. I shared his sympathy, then gave him my gunsmiths' card and we parted ways.

    In closing - I ran into my gunsmith a couple of months later, and found out the trooper had shown up with a brand new Springfield champion ready to have some work done......
    "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry

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    VIP Member Array mcp1810's Avatar
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    I noticed when I moved here from Maryland that Texas seems to have codified Darwinism. There are a whole lot of things that are illegal in Maryland that are fine here. But if you do break the law down here they tend to take it a lot more seriously. It is almost like they only make laws against stuff they really don't want you to do.
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    Member Array llred's Avatar
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    Quote Originally Posted by edr9x23super View Post
    I have spoken to quite a few LEOs here in TX, and they are pretty lenient about that sort of thing here.

    The first time it happened to me, I was filling the beast with diesel at a diamond shamrock station down in Tilden; a cold front had just blown in and my carry gun was in my shoulder rig, when my jacket blew open and displayed my gun to all. When I looked over and saw a state trooper smiling at me. I tried to maintain my composure, and when he got out and started heading my way, I got that sick feeling in my stomach. He kept on smiling as he walked over and asked to see my license; I complied as per state law, and was even more surprised when he motioined me over to his car and told me to get in. He then explained to me that he needed to "inspect" my weapon, and we spent the next 20 minutes admiring my Springfiled champion and his lamenting that he could not carry one on duty. I shared his sympathy, then gave him my gunsmiths' card and we parted ways.

    In closing - I ran into my gunsmith a couple of months later, and found out the trooper had shown up with a brand new Springfield champion ready to have some work done......
    This is kinda off topic, but I got pulled over for speeding before and told the officer I was carrying. He just asked for my license looked at it and gave me a verbal warning. He said "I usually never give you concealed carry guys a ticket, who knows I may need your help one day." Most Texas LEOs are pretty cool about it.

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    Senior Member Array Frogbones's Avatar
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    Quote Originally Posted by mcp1810 View Post
    But if you do break the law down here they tend to take it a lot more seriously. It is almost like they only make laws against stuff they really don't want you to do.
    Texas is a stickler when it comes to zero tolerence.

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    Member Array i10casual's Avatar
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    Yep if you are caught doing something and its not reasonable then you just take the consequences.
    I think if you're not a goofball about it you should be ok. My state trooper friend told me I should get mine already (which I am.) He even has his mother and mother-in-law CC.

  13. #12
    Ex Member Array DOGOFWAR01's Avatar
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    Pass Open Carry in Texas.

    Take a look at this new law just passed in Montana.

    http://data.opi.mt.gov/bills/2009/billpdf/HB0228.pdf

    Suzanna Gratia Hupp, Representative – State of Texas

    "How a politician stands on the Second Amendment tells you how he or she views you as an individual... as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded over, controlled, supervised, and taken care of."

    I say this also applies to your neighbors, mayors, govt lawyers, sheriffs, any peace officers, judges, city police, and anyone else that does not fully 100% support the Second Amendment.

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    Texas is a unique place, they'll fine and jail you for exposing a gun, but if you shoot someone taking something out of your backyard shed, they'll give you a pass.

    If someone is in your backyard shed, be sure not to let him see your gun.
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    In a way, you're right Retsupt

    Quote Originally Posted by retsupt99 View Post
    Texas is a unique place, they'll fine and jail you for exposing a gun, but if you shoot someone taking something out of your backyard shed, they'll give you a pass.

    If someone is in your backyard shed, be sure not to let him see your gun.
    In a certain sense you are absolutely right. Don't draw unless there is justification for the shoot and you intend to shoot, otherwise it is intentional display. So, don't let the BG stealing from your shed see you draw. Who needs a fair fight anyway?

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    Quote Originally Posted by Hopyard View Post
    In a certain sense you are absolutely right. Don't draw unless there is justification for the shoot and you intend to shoot, otherwise it is intentional display. So, don't let the BG stealing from your shed see you draw. Who needs a fair fight anyway?
    You're a Texan...right?
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