Texasgrillchef
member
- Joined
- Jun 29, 2019
- Messages
- 700
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN 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 displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
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Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and
(2) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
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Here are several questions I have...
Obviously in Texas to legally open carry, the handgun must be holstered in a shoulder or belt holster.
however. While there is a long section that defines many aspects of weapons, ammo etc... there is no know definition given defining a belt or shoulder holster.
Second as I also see, no where is it defined or given that these holsters are required to be correctly attached to your body as well. Thus when in a vehicle, or water craft. You could as I understand it, still have your handgun holstered in a belt or shoulder holster and it be laying openly on the passenger seat, dash, your lap, or center console.
Theoretically, one could have the handgun holstered in either holster and have it attached or stuck on some other place of the body openly, partially or wholly visible and still be legal.
what is obvious as well is if a woman has it in her purse, in an outside pocket, or happens to have one of those see through purses, it would not be legal for her to do so, if any part of the gun were showing and it wasn’t in one of the required type holsters.
now raises my final question. alien gear makes a holster (we have several) that uses a shell for the handgun, then attaches to various different attachments depending on how one wants to use it. They have IWB, OWB, Shoulder, Molle, Ankle, Vehicle, Backpack, etc mounts.... the holster shell remains the same, how it attaches varies.
One could very easily claim the holster is both a belt and a shoulder holster no matter how it attaches or used.
I have allready brought this to the attention of my local Texas senator, and house rep, both Republicans, and they will introduce a bill to clear this issue up in the next session, by simply removing belt/shoulder and leaving “holster” in place. According to the senators staff though, their thought is that it doesn’t matter how the holster is used as long as the gun is in a holster. But that’s possible future law, not current law.
thoughts on legal issues of holsters in Texas as it applies to in a vehicle? Or on ones person for open carry? Yes all forms of open carry in Texas require an LTC. So let’s assume for the sake of this discussion everyone has their LTC.
————
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and
(2) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
—————-
Here are several questions I have...
Obviously in Texas to legally open carry, the handgun must be holstered in a shoulder or belt holster.
however. While there is a long section that defines many aspects of weapons, ammo etc... there is no know definition given defining a belt or shoulder holster.
Second as I also see, no where is it defined or given that these holsters are required to be correctly attached to your body as well. Thus when in a vehicle, or water craft. You could as I understand it, still have your handgun holstered in a belt or shoulder holster and it be laying openly on the passenger seat, dash, your lap, or center console.
Theoretically, one could have the handgun holstered in either holster and have it attached or stuck on some other place of the body openly, partially or wholly visible and still be legal.
what is obvious as well is if a woman has it in her purse, in an outside pocket, or happens to have one of those see through purses, it would not be legal for her to do so, if any part of the gun were showing and it wasn’t in one of the required type holsters.
now raises my final question. alien gear makes a holster (we have several) that uses a shell for the handgun, then attaches to various different attachments depending on how one wants to use it. They have IWB, OWB, Shoulder, Molle, Ankle, Vehicle, Backpack, etc mounts.... the holster shell remains the same, how it attaches varies.
One could very easily claim the holster is both a belt and a shoulder holster no matter how it attaches or used.
I have allready brought this to the attention of my local Texas senator, and house rep, both Republicans, and they will introduce a bill to clear this issue up in the next session, by simply removing belt/shoulder and leaving “holster” in place. According to the senators staff though, their thought is that it doesn’t matter how the holster is used as long as the gun is in a holster. But that’s possible future law, not current law.
thoughts on legal issues of holsters in Texas as it applies to in a vehicle? Or on ones person for open carry? Yes all forms of open carry in Texas require an LTC. So let’s assume for the sake of this discussion everyone has their LTC.