Texas-Book-Gun Law Armed And Educated - Flipbook - Page 274
Obvious examples of intentionally displaying your handgun would
be pulling your shirt up to reveal to another person a portion or
all of your handgun that is tucked into your waistband without a
holster, while consciously desiring that they would see it. Another
example would be simply pulling your handgun out of its holster and
waving it in the air in front of somebody in order to frighten them.
If you consciously desire that another person see your handgun or a
portion of it, and you cause the other person to see it, then you have
intentionally displayed your handgun. It is not enough that you were
aware that it was possible for your handgun to become exposed,
and it later does. You must have the conscious objective or desire to
display or expose your handgun in a public place.
EXAMPLE:
Tony is in the grocery store to pick up a box of Frosted Flakes.
When he reaches for the last box, Mildred snatches it away before
he can grab it. Tony reacts by pulling up his shirt and showing
Mildred that he has a Glock in his waistband. Mildred is startled
and tells the store manager, who alerts the off-duty deputy sheriff
who is working security.
Tony is very likely in trouble, because he engaged in an action to
make sure that Mildred saw that he was carrying a handgun. The
prosecutors will assert that it was his intention to display his gun in
an effort to scare Mildred away from the last box of Frosted Flakes.
C. Unintentional displays of a handgun are not a crime
What do you do if a gust of wind picks up your shirt and shows off
your 1911 handgun while it is not in a holster? What about when
your pants accidentally split revealing your Spiderman underwear
Law Of Handgun Carry: Part II | 263
