TexasCHLforum.com

bobcat50 wrote:I know what the law states about your weapon being "concealed", and "discearnable" but is it against the law if someone suspects or has general knowledge that you carry?

I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.

tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.

Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.

Jasonw560 wrote:

tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.

Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.

You guys, that is a great illustration of the law of concealed handgun carrying! Thanks.

TXlaw1 wrote:

Jasonw560 wrote:

tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.

Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.

You guys, that is a great illustration of the law of concealed handgun carrying! Thanks.

Although I've gotta get those images out of my mind now....

TXlaw1 wrote:

Jasonw560 wrote:

tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.

Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.

You guys, that is a great illustration of the law of concealed handgun carrying! Thanks.

I gotta remember that one. It's a classic!

Jasonw560 wrote:

tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.

Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.

Or in some cases a roll of dimes....

I seriously doubt that people who don't have a CHL think "gun" when they see a fanny pack. Just because you do doesn't mean anyone else does. Now, other CHL carriers might, but most of the population doesn't fall in that catagory.

Relax. It matters not what others think is in your fanny pack. They are more likely to have thoughts about the fashion faux pas a fanny pak represents. Unless they are criminals, who will likely assume there is money or valuables inside.

RiverCity.45 wrote:I seriously doubt that people who don't have a CHL think "gun" when they see a fanny pack. Just because you do doesn't mean anyone else does. Now, other CHL carriers might, but most of the population doesn't fall in that category.

Relax. It matters not what others think is in your fanny pack. They are more likely to have thoughts about the fashion faux pas a fanny pack represents. Unless they are criminals, who will likely assume there is money or valuables inside.

When most people see one they probably think TOURIST !!!

RPB wrote:

RiverCity.45 wrote:I seriously doubt that people who don't have a CHL think "gun" when they see a fanny pack. Just because you do doesn't mean anyone else does. Now, other CHL carriers might, but most of the population doesn't fall in that category.

Relax. It matters not what others think is in your fanny pack. They are more likely to have thoughts about the fashion faux pas a fanny pack represents. Unless they are criminals, who will likely assume there is money or valuables inside.

When most people see one they probably think TOURIST !!!

Or NERD!! Unless they're also wearing Birkenstocks. Then it's "dirty hippie".

Prior to joining this forum the only thought I had when seeing a guy wearing a fanny-pack was simply, "thank the Lord someone has less fashion-sense than I do".

Excaliber wrote:

Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?

I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.

What about this scenario?

In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."

An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?

WildBill wrote:

Excaliber wrote:

Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?

I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.

What about this scenario?

In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."

An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?

Taking a wild-guess, that would be a big Yes.

I think it would be akin if you drove to the store, and needed something. You paid with your CC that you picked up, without your wallet. When you get there, the clerk says, "I need to see your DL." You don't have it, and say as much. a LEO hears you, and as soon as you get back in your car and drive away, the cop stops you for no license.

WildBill wrote:

Excaliber wrote:

Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?

I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.

What about this scenario?

In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."

An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?

For what charge? I wouldn't think you're meeting the elements of any of the weapons offenses by merely discussing a method in which you prefer to carry with a gun store employee. To articulate PC to search, a reasonable person in the officer's position would have to have reason to believe that a crime is occuring and you have evidence of that crime on your person, or that contraband may be found.

Part of establishing that will need to come from why he is there at a gun store in the first place, and why he is listening to you.

If you were in a smoke shop and got in a discussion about how you prefer to smoke weed, I don't think that alone would meet the definition of probable cause.

gigag04 wrote:

WildBill wrote:

Excaliber wrote:

Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?

I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.

What about this scenario?

In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."

An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?

For what charge? I wouldn't think you're meeting the elements of any of the weapons offenses by merely discussing a method in which you prefer to carry with a gun store employee. To articulate PC to search, a reasonable person in the officer's position would have to have reason to believe that a crime is occuring and you have evidence of that crime on your person, or that contraband may be found.

Part of establishing that will need to come from why he is there at a gun store in the first place, and why he is listening to you.

If you were in a smoke shop and got in a discussion about how you prefer to smoke weed, I don't think that alone would meet the definition of probable cause.

I agree that word of mouth would not be sufficient, but that wouldn't necessarily keep you from a traffic stop (unless you give the officer no other reason to stop you -- keep those light bulbs working ).
On the other hand, I doubt that search and seizure would require a higher level Reasonable Cause.