Texas-Book-Gun Law Armed And Educated - Flipbook - Page 275
and your previously concealed Sig Sauer? How about the time your
purse accidentally comes open, flashing your Glock? The good
news is that none of these incidents are crimes under Texas law.
If a person’s concealed handgun becomes unconcealed inadvertently
and it is not being carried in a holster, such as by “flashing” or
“printing,” the person is not breaking the law. Texas law provides
that a person must intentionally display his or her handgun in a
public place to another person in order to be guilty of this crime
under Section 46.02 of the Texas Penal Code.
EXAMPLE:
Tony is in the grocery store and reaches up to get a box of Frosted
Flakes from the top shelf. While doing this, his shirt is pulled up
and exposes the Glock he keeps tucked into his waistband so
that he doesn’t have to carry it in a holster. Mildred is standing
next to him and sees that he has a gun. Mildred tells the store
manager, who alerts the off-duty sheriff who then detains Tony.
Is Tony in trouble for displaying his handgun when it is not
being carried in a holster? Probably not, because the crime
requires a person to intentionally display their handgun to
another individual. There is no evidence that Tony’s handgun
was displayed intentionally or that he knew Mildred was looking
at him at the time his shirt came up.
264 | CHAPTER THIRTEEN
