I might have mentioned this in passing but I didn’t cover in any detail. On 1 Sep 2013, a few firearm related bills were enacted into law.
One of those was Senate Bill 299 which changed section 46.035 as shown below
relating to the intentional display of a handgun by a person licensed to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (h), Section 46.035, Penal Code, are amended to read as follows:
(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 displays
fails to concealthe handgun in plain view of another person in a public place.
(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 force or deadly force under Chapter 9.
SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2013.
How big of a change is this? Really really big folks.
Remember in Section 411.171 there is this definition:
(3) “Concealed handgun” means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
This removes considerable worry about a shirt riding up or the wind blowing a cover garment up and exposing the firearm.Combine that with the protection of displaying in situations where the use of force or deadly force would be appropriate and the really helps the gun owner.
Not quite Open Carry but on the way. Even more importantly was the fact this bill wasn’t a stretch, it wasn’t an oddity in an otherwise hostile legislative session; it was 1 of 14 bills (Link edited — Happy Cormac???????) that generally improved the rights of the people.
Please join the discussion.
Aaron Spuler looked at the bills back in June 2013 - good recap