This is interesting. The language is very similar to the language in the version of SB 299 (as filed) which was deleted in the version which was passed.wrinkles wrote:Can you clarify what this does.Charles L. Cotton wrote:Listening to Sen. Wendy Davis makes me ill. That fact that she was elected to the Senate is puzzling beyond belief.
Chas.
It strikes out: "fails to conceal the handgun"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] displays the
handgun in plain view of another person in a public place in a
manner calculated to cause alarm and not pursuant to a justified use
of force or threat of force as described in Chapter 9.
after which is this: displays the handgun in plain view of another person in a public place in a
manner calculated to cause alarm and not pursuant to a justified use
of force or threat of force as described in Chapter 9
How is "a manner calculated to cause alarm and not pursuant to a justified use
of force or threat of force as described in Chapter 9" defined?
For us non layers please.
"(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] displays the
handgun in plain view of another person in a public place in a
manner calculated to cause alarm and not pursuant to a justified use
of force or threat of force as described in Chapter 9."
http://www.legis.state.tx.us/tlodocs/83 ... navpanes=0" onclick="window.open(this.href);return false;
Compare that to the language of the version which passed.
"(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 displays [fails to conceal] the handgun in plain
view of another person in a public place."
http://www.legis.state.tx.us/tlodocs/83 ... navpanes=0" onclick="window.open(this.href);return false;
You might want to also look at the following section.
"(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 force or deadly force under Chapter 9."
http://www.legis.state.tx.us/tlodocs/83 ... navpanes=0" onclick="window.open(this.href);return false;
In plain English, "It is a defense...." means bring it up at your trial. It would have been better if the law were "It is not an offense....", but that is the way it is. The section on intentional display simply say "it is an offense if...." which, presumably also means that you would get to bring this up at your trial if some prosecutor pushes it. I guess this leaves something to be dealt with in the next legislative session in two years.
Plainly, "calculated to cause alarm" means more than merely having the firearm in plain view. We are talking about the "person of ordinary sensibility", not someone who has an anxiety attack at the prospect of even seeing a firearm. Your own experience probably suggests circumstances which would cause alarm if someone were handing a firearm. It is potentially helpful language.