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To: tschatski

According to the article, it wasn’t inadvertent exposure, it was deliberate.

From the Walmart parking lot at 11110 Causeway Boulevard, Michael Foster, 43, of Lithia had watched Daniels, 62, take from his car the handgun — for which he holds a concealed carry permit — and place it on his hip underneath his coat, Hillsborough sheriff’s deputies reported.


50 posted on 01/21/2015 1:24:37 PM PST by RightFighter (It was all for nothing.)
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To: RightFighter

BS ! Where is your proof it was a deliberate exposure?

When I travel in my vehicle, it is uncomfortable to have my concealed weapon on me—it stays in my between-seat console or beside me covered up (concealed). But when I get out of the vehicle, I have to retrieve it and holster or pocket it, and during that brief time, no matter how hard I try to conceal the action, there is the chance someone in the vehicle next to me, above me in an office building window, or watching via overhead camera, drone, or satellite, can see me do that. That’s not deliberate, it just has to be, and it’s not brandishing! Brandishing isn’t just letting the weapon accidentally be glimpsed, it has to do with an overt or implied threat WITHOUT JUSTIFICATION to use the purposely-displayed (”brandished”) weapon! The former is not illegal, but the latter is. It sounds to me like Mr. Daniels simply had his movement accidentally witnessed.

What sounds more likely in this case is profiling by Foster, as Mr. Daniels appears to be Black.


53 posted on 01/21/2015 1:38:23 PM PST by Notthemomma
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To: RightFighter
I agree. In Texas this case might cause him to have to defend his action in order to keep his license. a hearing would have to decide if he intended people to see him holster his weapon which could be considered brandishing.

Until we get constitutional carry or licensed open carry we face these questions. There are two constitutional carry bills ready to be introduced when our legislature returns and there are at least 4 open carry bills requiring a license that will be introduced.

During the 2013 debate over changing our law, one of the points made was that under the old way the law was written if you took you gun off in the the parking lot and locked it in your trunk before entering a place where carry was illegal you should not lose your license.

It seems to me that putting your gun back on would covered as not something that would cause you to lose tour license. automatically.

59 posted on 01/21/2015 2:21:48 PM PST by tschatski
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