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by Originalist
Mon Nov 17, 2008 6:16 am
Forum: General Texas CHL Discussion
Topic: made by store clerk
Replies: 59
Views: 8122

Re: made by store clerk

Hos wrote:Wow, thanks for sharing. I'm sure that was traumatic. Yeah, I don't think anyone can be seen at fault here although I may not of hung around after flashing someone but as far as you knew, it was a non-issue and not that the guy was scared speechless.

So, to clarify as I'm still learning, is this one of those circumstances that the PD could of charged you but since they did not see any intent (not that there has to be any if I recall) they used their discretion and let it pass this time?
Here is the applicable statute:

Sec.A46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(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.


I think the police handled it ok, I mean they deal with dangerous situations like this all the time and unfortunately more often or not it is a BG. All in all an OK encounter, but based on the law, you should not be charged.

Bryan

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