Carrying legally but not wisely

Carrying legally but not wisely

This is a discussion on Carrying legally but not wisely within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Holster check. CCW legally is important. But just as important - CCW wisely. Some yahoo had an accidental discharge or unintentional discharge or a negligent ...

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Thread: Carrying legally but not wisely

  1. #1
    VIP Member Array Libertywheel's Avatar
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    Carrying legally but not wisely

    Holster check. CCW legally is important. But just as important - CCW wisely. Some yahoo had an accidental discharge or unintentional discharge or a negligent discharge at a Chuck e Cheese. More details to come out I am sure.

    Two thoughts:

    1. What? No holster?
    2. Who goes to Chuck E Cheese?

    https://komonews.com/news/local/man-...ses-restaurant

    Be safe out there.
    Doing my best to stay left of boom.

  2. #2
    Distinguished Member Array riverrambler's Avatar
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    Interesting, I ride by that place everytime I go to home depot. To answer question number 2, stupid people go to stupid places and do stupid things.
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    I once attended my nephew's birthday party, which was held at a Chuckee Cheese. I wanted to shoot myself too.
    I was born a gun owner, it wasn't a choice, I didn't become one later in life...I was born this way

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    VIP Member Array Doghandler's Avatar
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    Rights are for everyone!
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    Member Array Grizzly2's Avatar
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    Oh come on, don't you really like to play the ski ball?

    The only time I can imagine an adult in a Chuck E Cheese would be with his kids or a group with kids. I'd really look closely at an adult going in alone.
    Shot himself in the leg..?..oh I wonder what he was carrying and how he was carrying.
    Most kids in there are pretty young. Must have scared the wits out of the parents.
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    Ex Member Array WildRose's Avatar
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    Quote Originally Posted by Libertywheel View Post
    Holster check. CCW legally is important. But just as important - CCW wisely. Some yahoo had an accidental discharge or unintentional discharge or a negligent discharge at a Chuck e Cheese. More details to come out I am sure.

    Two thoughts:

    1. What? No holster?
    2. Who goes to Chuck E Cheese?

    https://komonews.com/news/local/man-...ses-restaurant

    Be safe out there.
    In Texas legal carry requires the gun be in a proper holster at all times. Why other states do not have this requirement is baffling.

    You can lawfully carry a "pocket pistol" in your pocket but if you do so without properly securing it and it fires you will be charged.
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    Ex Member Array WildRose's Avatar
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    Quote Originally Posted by Doghandler View Post
    Rights are for everyone!
    There's no IQ test for the exercise of constitutional rights nor should there be.

    The lack of common sense however makes all of us look bad.

    Peer pressure works, if you see someone carrying in an unsafe, or unlawful manner speak up.
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    Member Array MillennialNorth's Avatar
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    I think of this scenario every time I see a gun with a clip attached. I always think "who would clip draw / carry a pistol especially one without a manual safety, jammed in your pants with nothing to cover the trigger?" Even bought a police trade j frame that had one on it. It went bye bye quick. There was a off duty state cop that shot himself in the butt/leg here in Michigan a few years ago at a parade. He was carrying a revolver without a holster in his waistband, according to the statement from his post commander. Somehow when getting out of his car, it went off. Apparently this kind of thing is more common than I'd have ever thought it'd be. Hopefully this guy was there with his kids, of some friends kids. Kind of a weird place for a grown man. Sure hope he learned a good lesson from this.

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    Went to a Chucky's once in AK many years ago. Mediocre pizza in a zoo where the animals had been let loose to run amok.
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    VIP Member Array OldChap's Avatar
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    Quote Originally Posted by WildRose View Post
    In Texas legal carry requires the gun be in a proper holster at all times. Why other states do not have this requirement is baffling.

    You can lawfully carry a "pocket pistol" in your pocket but if you do so without properly securing it and it fires you will be charged.
    Would you mind pointing out the section of the Texas Penal Code that specifies the holster requirement for concealed carry?

    @OldVet I have great difficulty picturing you in a Chuckee Cheese.
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    Senior Member Array OneGunTX's Avatar
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    Quote Originally Posted by OldChap View Post
    Would you mind pointing out the section of the Texas Penal Code that specifies the holster requirement for concealed carry?
    You can look under Chapter 46.02 as follows:

    (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

    (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster;  or ...
    Chapter 46.035 Unlawful Carrying of Handgun by License Holder states:

    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,   1 and intentionally displays the handgun in plain view of another person in a public place.  It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
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  13. #12
    VIP Member Array OldChap's Avatar
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    Quote Originally Posted by OneGunTX View Post
    You can look under Chapter 46.02 as follows:



    Chapter 46.035 Unlawful Carrying of Handgun by License Holder states:
    A careful reading will help your understanding. All of the holster requirements pertain to OPEN CARRY - notice the phrases "the handgun is in plain view," and "It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder." A concealed handgun is not in plain view and is not partially or wholly visible. Those conditions are only true when open carrying.

    If you go back and examine the Penal Code wording prior to the passage of open carry, you will see the belt holster or shoulder holster requirement has been added when open carry passed.

    I'm afraid this is going to be another "you can't carry a licensed handgun in church" issue. The Legislature debated the holster wording issue along with open carry and chose to implement the belt or shoulder holster requirement.

    Whoever maintains there is a holster requirement, such as the ones above, for concealed carry should be immediately arrested if found with an ankle holster, or a lady with a Flashbang, or a bellyband, or a pocket holster even. Now if open carrying, the law is clear: belt holster or shoulder holster.

    The simplest way to determine if what I state is true is to download a pdf of the TPC and do a search of the entire document for the word "holster". Doing that it is easy to see the accompanying phrases "plain view', and "partially or wholly visible." Those all came with the passage of open carry. Or, go to the Texas CHL Forum and do a search there. There are a couple of guys who helped draft the legislation on there.

    Back to Chuckee Cheese.....
    "The difference between genius and stupidity is that genius has limits."

    My avatar is of Princess. We lost her after many years. Her little sweater says, "Meet me under the Misltletoe."

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    VIP Member Array BigJon10125's Avatar
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    Other than government buildings, the only no firearms sign I have ever witnessed, was at a Chuck E Cheese. I always carry, especially if I have to go there.
    BigJon


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    Quote Originally Posted by OldVet View Post
    Went to a Chucky's once in AK many years ago. Mediocre pizza in a zoo where the animals had been let loose to run amok.
    And then there are the children to deal with as well!
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    BigJon


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    VIP Member Array OldVet's Avatar
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    Quote Originally Posted by OldChap View Post
    Would you mind pointing out the section of the Texas Penal Code that specifies the holster requirement for concealed carry?

    @OldVet I have great difficulty picturing you in a Chuckee Cheese.
    It was for the children... I, too, was once young and dumb. I got over the young part, still working on the dumb part.
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