Concealed handgun question

[Charles L. Cotton]

I have a CHL and carry as often as I can but I find it very difficult to carry comfortably in the summer. My question is ; is it true that I can be arrested if while carrying, a gust of wind exposes my handgun for a second? If so, is there any chance that legislation this year could fix this loophole.I am not advocating total open carry but it sure would be nice it to know I could still carry concealed but not go to jail if my weapon becomes exposed for a split second. Comments please!
Thanks, Sherlock7

As others have mentioned, you can be arrested, but it's highly unlikely. TPC §46.035(a) is unique in Texas criminal law in that it applies only if the conduct was "intentional" not "intentionally, knowingly, or recklessly" as is the common mental status required for criminal law violations. I wouldn't give it a second thought.

I would also point out that every one of the 461,000 CHLs and every LEO could be arrested for violating TPC §46.02 (unlawfully carrying a handgun). Our CHLs (or being a COP) are a defense to prosecution, not an "exemption" so in theory we would have to prove that defense in court. (I know, the Code says "Not applicable" but the case law says that's a defense to prosecution.) I don't know of a single incident where a CHL has been arrested for violation of TPC 46.02 and had to prove the defense in court.

I'm going to make some of our "Forum Family" Members mad with this comment, but those who make an issue out of accidental exposure of a handgun seem to be folks who strongly support open-carry.

By now.

Chas.

[handog]

is it true that I can be arrested if while carrying, a gust of wind exposes my handgun for a second?

Yes.

[The Annoyed Man]

Ask handog: viewtopic.php?f=7&t=31719&p=369317" onclick="window.open(this.href);return false;

Beat me to it.

Technically, on paper, theoretically (and all that good stuff...), no you cannot be arrested because the wind blew your garment open. That does not constitute intentional failure to conceal, which is the legal standard set by the wording of the law.

However, in actual practice, in or around Round Rock Texas or any other place populated by Communist Fem-Bot Soccer Moms, you can be arrested and have to spend a whole lot of money to get out of trouble if said CFBSM spots your gun and calls the OENWCWSNNNTT (Over-Enthusiastic Ninja Warrior Cops Who Sing "Na-Na-Na!" To Themselves)

[The Annoyed Man]

is it true that I can be arrested if while carrying, a gust of wind exposes my handgun for a second?

Yes.

Take it from the horse's mouth!

[tacticool]

I have a CHL and carry as often as I can but I find it very difficult to carry comfortably in the summer. My question is ; is it true that I can be arrested if while carrying, a gust of wind exposes my handgun for a second?

As others said, you shouldn't be arrested and, if arrested, you really shouldn't be convicted

.....BUT.....

You can be arrested, especially by an ignorant cop.

There's a thread currently running about an ignorant cop who claimed failure to display was a FELONY when, the truth is, it isn't a crime at all. Not even a class C misdemeanor.

[handog]

is it true that I can be arrested if while carrying, a gust of wind exposes my handgun for a second?

Yes.

Take it from the horse's mouth!

I’ve been accused talking out of the other end.

Seriously. Much has been said about this subject.
The bottom line is that if “A man with a gun” is called in you will very likely be arrested.

Forget about intentional \ unintentional. IMHO The PD is mostly concerned about covering their rear ends. Not the letter of the law.
If no arrested is made PD could be libel if a real crime took place thereafter.

[WildBill]

I'm going to make some of our "Forum Family" Members mad with this comment, but those who make an issue out of accidental exposure of a handgun seem to be folks who strongly support open-carry. Chas.

I think that on this forum it is, more or less, equally divided between the "open-carry crowd" and those who are genuinely concerned about a gust of wind.

[ScottDLS]

I have a CHL and carry as often as I can but I find it very difficult to carry comfortably in the summer. My question is ; is it true that I can be arrested if while carrying, a gust of wind exposes my handgun for a second?

As others said, you shouldn't be arrested and, if arrested, you really shouldn't be convicted

.....BUT.....

You can be arrested, especially by an ignorant cop.

There's a thread currently running about an ignorant cop who claimed failure to display was a FELONY when, the truth is, it isn't a crime at all. Not even a class C misdemeanor.

Right. Let's get this straight. You can be arrested for just about anything at any time. In the case of unintentional failure to conceal, you shouldn't be, but Handog proves you can.

Another case proves similar. My brother was pulled over one afternoon for bad taillight. Cop thought he had been drinking (he hadn't). He took the Field Sobriety Test and failed (according to the cop) even though he was stone cold sober, alert, had no medicines in him, and was a healthy male in his mid 20's. Really gives me faith in those tests. So he gets to the station and blows a 0.00. They still make him wait overnight for the judge a prosecutor, whereupon he exercises his first amendment right to call the arresting officer an idiot, in a non-disorderly manner. Next day, judge and prosecutor both "yell" at the cop for wasting their time. Bro is released with charges dropped.

Neither of these examples deters me from carrying (or driving). However I try to conceal well when I am carrying...and every so often I practice standing on one foot and reciting the alphabet backwards.

[Charles L. Cotton]

Handog's experience was an aberration. Here is a quote from a post I made some time back dealing with the extreme rarity of an arrest for intentional failure to conceal. The total number of CHL man-years were estimated for 2010, but the total number was very close to the actual number of 3,776,831.

Chas.

Taking the number of CHL's each year from 1996 through 2010 (2010 is estimated), there have been 3,770,107 CHL-man-years. I think I can recall hearing of three alleged arrests for unintentional failure to conceal. Let's be overly cautious in our calculation and we'll use ten arrests in our formula: 10/3,770,107 = 2.652444612314717e-6 (I don't even know what that is! I think it's equates to 0.00000265.)

[sherlock7]

Charles, Thanks for your kind advise. I want to follow the letter of the law but I also want to carry often.
Do you think Texas will ever vote for some type of modified open carry which would give us all the choice to carry or not?

[Charles L. Cotton]

Charles, Thanks for your kind advise. I want to follow the letter of the law but I also want to carry often.
Do you think Texas will ever vote for some type of modified open carry which would give us all the choice to carry or not?

I think licensed open-carry will be adopted in Texas, if it is promoted correctly by the right gun rights organization. Doing necessary ground work is done ahead of time is absolutely critical!

Chas.