Search found 6 matches

by Keith B
Fri May 10, 2013 3:50 pm
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 10882

Re: SB299 to Governor

CJD wrote:
Keith B wrote:
CJD wrote:Ok I believe you. Could you give me an example of when you would be intentionally failing to conceal, but not displayin? What would owb on hip be?
Take out 'intentionally'. I believe that will help.

A person who 'fails to conceal' their hand gun or 'fails to conceal' their identity gets discovered that they are carrying or someone figures out who they are. In the case of handog, he exposed his pistol and was discovered, so the cops took him to jail because he 'failed to conceal' his gun. When the case was reviewed, the DA determines the whole statute must apply, it was not intentional, so no law was broken and charges are dropped.

Now, with the word change, if you put something on 'display', your intent was to show that item to others. Think of a display at a store or at an art gallery; you want people to see it. If you accidentally reveal your handgun, you are not displaying it. If you take it out of the holster and show it to someone,then you ARE displaying it because you want the other person to see it.

Maybe that clarifies it?
Not really, because intentional is what makes the language confusing, without it it is no longer confusing. If you intentionally fail to conceal, which means you purposefully do not hide it, how is your intention NOT for others to see it?
You are correct. However, the issue becomes the initial interpretation by an officer and hot taking all of the statute into consideration. The big thing is we actually only have one case where an individual failed to conceal and was arrested. Because of the lack of numerous cases (which is really a good thing) we do not know how or if this change will affect anyone's perception. I think it will help, but it may not make one bit of difference.

As said before, I really don't care that the failure to conceal was changed to display; my big HOORAH moment is the change in adding the word 'force' to the statute. :thumbs2:
by Keith B
Fri May 10, 2013 3:25 pm
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 10882

Re: SB299 to Governor

CJD wrote:Ok I believe you. Could you give me an example of when you would be intentionally failing to conceal, but not displayin? What would owb on hip be?
Take out 'intentionally'. I believe that will help.

A person who 'fails to conceal' their hand gun or 'fails to conceal' their identity gets discovered that they are carrying or someone figures out who they are. In the case of handog, he exposed his pistol and was discovered, so the cops took him to jail because he 'failed to conceal' his gun. When the case was reviewed, the DA determines the whole statute must apply, it was not intentional, so no law was broken and charges are dropped.

Now, with the word change, if you put something on 'display', your intent was to show that item to others. Think of a display at a store or at an art gallery; you want people to see it. If you accidentally reveal your handgun, you are not displaying it. If you take it out of the holster and show it to someone,then you ARE displaying it because you want the other person to see it.

Maybe that clarifies it?
by Keith B
Fri May 10, 2013 10:38 am
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 10882

Re: SB299 to Governor

CJD wrote:
TrueFlog wrote:That's an interesting perspective. Are there any other parts of the code that deal with failure to conceal, intentional display, etc.? Keep in mind that failure to conceal (even if intentional) if only a crime if the Penal Code says it is. Is there any part of the code that makes it a crime to fail to conceal in a non-public place? Suppose I were to OC at a friend's house - what statue (if any) would i be violating? What section of the PC could I be charged with breaking?
It seems there is not one. I'm curious, what is the difference between intentionally "failing to conceal" and displaying? They seem the same to me, unless they are defined specifically in the penal code.
Let's look at the two definitions from Mr. Webster.
con·ceal/kənˈsil/ Show Spelled [kuhn-seel] Show IPA
verb (used with object)
1. to hide; withdraw or remove from observation; cover or keep from sight: He concealed the gun under his coat.
2. to keep secret; to prevent or avoid disclosing or divulging: to conceal one's identity by using a false name.
dis·play/dɪˈspleɪ/ Show Spelled [dih-spley] Show IPA
verb (used with object)
1. to show or exhibit; make visible: to display a sign.
2. to reveal; betray: to display fear.
3. to unfold; open out; spread out: to display a sail.
4. to show ostentatiously; flaunt.
The difference I would point out is displaying is more indicative of the act of trying to show something, where concealing is the act of covering it up. So, if you fail to cover something then you failed to conceal. However, if before you display the item, you would have to be trying to show it. i do think the change in the word will make it the the statute a little more defined on intent.
by Keith B
Fri May 10, 2013 10:01 am
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 10882

Re: SB299 to Governor

2firfun50 wrote:Fancy holsters/grips may not fare well when exposed to a hot grill or BBQ sauce.
BBQ sauce = Leather dye ;-)
by Keith B
Fri May 10, 2013 8:54 am
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 10882

Re: SB299 to Governor

CJD wrote:Can anyone clarify what the language may allow? "Displays the handgun in plain view of another person in a public place.
Does this possibly allow open carry unless in a "public place"? For instance, like someone had referenced before, "BBQ guns at private parties."
BBQ'ing in Texas is a sport. Maybe we really claim the exemption that we are participating in a sporting event. However, you need to watch it if your cooking is so good it moves you in the the porffesional sporting event mode. :biggrinjester:
by Keith B
Fri May 10, 2013 8:51 am
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 10882

Re: SB299 to Governor

Rrash wrote:How about this scenario. You meet a friend/co-worker at a restaurant. When you get there, you see a 51% or a valid 30.06 sign. You return back to your vehicle to secure your weapon. In the process of transferring the firearm(s) to your storage spot, someone happens to walk by close enough to see what is in your hand. You have now unintentionally displayed your handgun in a public place, but not in a way meant to cause alarm. SB 299 will clarify the wording of the law under these circumstances, assuming the well-intentioned passer-by calls the police.
It might, but I think if you are in a public locaiton you should not be haphazard about still trying to conceal it when transfering from body to hidden in the vehicle.

Return to “SB299 to Governor”