brandishing

O

oldboyshooter

New member
My CHL instructor said that if you could see a pattern of your firearm on your body, you were brandishing. I live in Texas, and asked the Senator who basically got the CHL pushed through a few years ago. He stated he did not think that was true.

My problem is that if the good Senator is incorrect, and a LEO has a problem seeing you firearm pattern under your shirt, at the least you could loose your CHL.

Anyone know the answer. Again Texas laws, which sometimes are real ambiguous. Why can't lawyers word things that normal people can understand and normal people can abide by. The legislature tried to pass the right to carry in your car, worded it in such as a way that our good prosecutor said he would prosecute anyone caught without a CHL carrying a pistol in their car (shotguns and long guns are totally legal, in fact, can carry them down the middle of main street - go figure).
 
Technically, in Texas, you are not brandishing if they can see the imprint of your gun. You are not, however, concealed if people can tell if you are carrying. If it incites panic, you are to blame. But I doubt it can be considered "brandishing". Many CHL instructors and cops don't know the real law, so they make something up. I'm not a lawyer myself, but I do have one on speed-dial. :)

Besides, I'd only worry about Houston cops. Precinct deputies and Sherriffs Dept are pretty cool when it comes to stuff like that.
 
I am a TX CHL instructor. DPS told my class that if the average person can look at you and clearly tell that you are armed, then you are not concealed. Keep in mind that the average person does not pay attention to a bulge on your hip (most will assume it is a cell phone). But, if it is clearly a gun, you have a problem.
 
Stupid law. I'm so glad we don't have that here in VA. Ironically they let you shoot someone to prevent a high dollar theft of your property, but you can't print??
 
A local sheriff offers the course to citizens. The firearms instroctor for the course who is CHL certified said that as long as you couldnt see the weapon it was concealed. Now if you are wearing tight clothing that clearly shows the outline of the firearm you might have a problem.
 
My CHL instructor said that if you could see a pattern of your firearm on your body, you were brandishing. I live in Texas, and asked the Senator who basically got the CHL pushed through a few years ago. He stated he did not think that was true.
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You do know that the information you requested is specifically covered in your CHL handbook and available in searchable pdfs at TxDPS' website, right?
 
The law is very clear--more clear, IMO, than the quote from the TX Department of Public Safety website.

The DPS website says:

The weapon cannot be visible, and its presence can not be discernible through ordinary observation.​

The TX Statutes say:

§ 46.035. UNLAWFUL CARRYING OF HANDGUN[0] 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.​
You may get hassled if your gun prints inadvertently, but it's not against the law unless you intentionally fail to conceal.

BTW, you are allowed to show your pistol in a circumstance where deadly force would be justified.

(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 deadly force under Chapter 9.​
 
Oh wow, I thought it was...my mistake.
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Of all states, you'd think the Lone Star state would be the one that would have open carry even if all other's didn't. Our cities like Houston, Dallas and Austin have so many non-Southerners that are from Kalifornia, the Northeast, girly guys, soccer moms (all AKA yuppies) and south of the border people that all come from non RTKBA environments (the little old ladies don't help either:D). I guess we have to do things to appease said forces as they have so much influence over our legislature:barf:. (before anybody that happens to be born in said anti-gun areas or social circles gets upset, of course not everybody from say Kalifornia is an antigunner who has to wear diapers in case they happen to walk down the street and see a gun)
 
I guess we have to do things to appease said forces as they have so much influence over our legislature
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Hey Doug,
What ever happened to "Don't Mess With Texas"? Is it now "Don't Mess With the Blond in the Volvo"? Don't let your officials give these antis too much say. Look what it did to us up here. We're run by union thugs, legislators on the take, and adolescent nephews of famous politicians who take oxycontin and crash thier cars on the way to a "3:00 AM meeting". Maybe I digress, but who do you think keeps voting them into office? It's the bluehairs and the soccermoms. It's not too late for you, Texas! Tell 'em where to go. Don't end up like we did.
 
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