jmra wrote:I also believe this is the way LEO will interpret the bill.
Go ahead and mark this down. This will be one of the things that will need to be fixed in 2017. Any time a law leaves interpretation up to an LEO you are going to end up with (at the very least) interpretations that vary department by department. What are deemed to be acceptable carry methods in rural hill country, will not be accepted in Austin. I guarantee it. There was a previous thread I started about this where there was even differing opinions between moderators/ those close to the law.
To the OP. I have a tint waiver that covers all my vehicles, so anything inside my vehicle is by default, concealed. After Jan. 1, 2016 I believe that the "off body" issue will be decided department by department. I wouldn't risk it.
mojo84 wrote:If I don't want to carry on my body in the car, I use a Remora wedged between my seat and console or the map pocket in my door. Both are concealed and easily accessible. No big deal.
Interesting concept Mojo, but would an LEO consider this concealed if you were stopped? Say he takes a generous lean inside your window and spots it? For other drivers on the road I agree it would be considered concealed as it would be impossible for someone to see it.
If he has to lean in to see it, then it is concealed. However, if I'm in the car, my leg covers it enough here Would have to crawl into the car and on top of me to see it.
Responding to highlighted text.
I had somehow gathered that even if the police officer used yoga to see the handgun, well then it wasn't concealed. And therein lies the problem: interpretation. I agree with steveincowtown that it will vary from department to department, and how much they and their bosses do or don't like the concept of OC.
Could a person unholster and place the gun under their leg? It's concealed so the holster requirement goes away. It's easily accessible and fairly comfortable. The person would need to be discreet while holster in and unholsterin but I have seen a video where it was done quite cleanly.
This is not vague. If you don't want to have your gun in a belt or shoulder holster while in your car, then put it in the glove box, console, briefcase or something else. If you try to put it somewhere in your vehicle where it can be seen, then it is not concealed. Console-mounted holsters, etc. won't meet the requirements of HB910.
Charles L. Cotton wrote:This is not vague. If you don't want to have your gun in a belt or shoulder holster while in your car, then put it in the glove box, console, briefcase or something else. If you try to put it somewhere in your vehicle where it can be seen, then it is not concealed. Console-mounted holsters, etc. won't meet the requirements of HB910.
Chas.
As always thank you for the clarification and guidance Charles. Do you think this is something that can be corrected next session? The only negative I could see coming from it are the antis saying a visible handgun on the dash would intimidate other drivers, but, open carry of long guns in such a manner is already legal so I think it could be quelled. Thoughts?
Charles L. Cotton wrote:This is not vague. If you don't want to have your gun in a belt or shoulder holster while in your car, then put it in the glove box, console, briefcase or something else. If you try to put it somewhere in your vehicle where it can be seen, then it is not concealed. Console-mounted holsters, etc. won't meet the requirements of HB910.
Chas.
As always thank you for the clarification and guidance Charles. Do you think this is something that can be corrected next session? The only negative I could see coming from it are the antis saying a visible handgun on the dash would intimidate other drivers, but, open carry of long guns in such a manner is already legal so I think it could be quelled. Thoughts?
Is it really something that NEEDS to be corrected is my question. Gun racks are legal because its damn near impossible to hide a long gun, but when was the last time you saw one being used? If a handgun can't be concealed in your vehicle, it may be time to upgrade the vehicle or downsize your pistol. Hell, put the gun on the passenger seat and throw a T-shirt over it while you're driving. There are multiple solutions for a handgun to be concealed and available quickly in a vehicle - Id rather we use one of those than start pushing on legislation that allows people to drive with pistols on the dash when there are about a million other 2A issues that could use the effort.
mojo84 wrote:If I don't want to carry on my body in the car, I use a Remora wedged between my seat and console or the map pocket in my door. Both are concealed and easily accessible. No big deal.
My LCP is is the door pocket... cant be seen from passenger side and as mentioned can only be seen if leaning in from window, but.... when door is open to get in or out, then it can been seen... i just make sure no one is around when the door is open
"Freedom itself was attacked this morning by a faceless coward. Freedom will be defended!"
-President George W. Bush, September 11, 2001
Charles L. Cotton wrote:This is not vague. If you don't want to have your gun in a belt or shoulder holster while in your car, then put it in the glove box, console, briefcase or something else. If you try to put it somewhere in your vehicle where it can be seen, then it is not concealed. Console-mounted holsters, etc. won't meet the requirements of HB910.
Chas.
As always thank you for the clarification and guidance Charles. Do you think this is something that can be corrected next session? The only negative I could see coming from it are the antis saying a visible handgun on the dash would intimidate other drivers, but, open carry of long guns in such a manner is already legal so I think it could be quelled. Thoughts?
I certainly hope it can be changed. Being able to secure it in a holster or other device in the car would be just as safe and more comfortable driving.
Charles L. Cotton wrote:This is not vague. If you don't want to have your gun in a belt or shoulder holster while in your car, then put it in the glove box, console, briefcase or something else. If you try to put it somewhere in your vehicle where it can be seen, then it is not concealed. Console-mounted holsters, etc. won't meet the requirements of HB910.
Chas.
As always thank you for the clarification and guidance Charles. Do you think this is something that can be corrected next session? The only negative I could see coming from it are the antis saying a visible handgun on the dash would intimidate other drivers, but, open carry of long guns in such a manner is already legal so I think it could be quelled. Thoughts?
I certainly hope it can be changed. Being able to secure it in a holster or other device in the car would be just as safe and more comfortable driving.
Chas.
Absolutely. I'm thinking about sewing a belt loop onto my Grassburr holster mounted to my center console just so it will fit the "belt holster" definition. The holster itself is way more secure than just having a belt/shoulder holster wedged between the seats. It even has a thumb snap for active retention.
Keep calm and carry.
Licensing(n.) - When government takes away your right to do something and sells it back to you.
One option in my truck is to tuck a pistol into the map pocket on the back of the passenger seat. Not sure if everyone has that.
You could always rig up some sort of flap that drapes over a holster to cover it as long as it doesn't scream "Gun!". I would still not want someone to see it if casually walking by.
I keep my gun in the door of my truck while driving, my line of thinking is it keeps it away from the kids at all times. The gun is not concealed when I open the door but I can access it quickly if need be. If I get pulled over and asked to step out of the vehicle, do I have a problem?
Disclaimer: Anything I state can not be applied to 100% of all situations. Sometimes it's ok to speak in general terms.
Charles L. Cotton wrote:This is not vague. If you don't want to have your gun in a belt or shoulder holster while in your car, then put it in the glove box, console, briefcase or something else. If you try to put it somewhere in your vehicle where it can be seen, then it is not concealed. Console-mounted holsters, etc. won't meet the requirements of HB910.
Chas.
As always thank you for the clarification and guidance Charles. Do you think this is something that can be corrected next session? The only negative I could see coming from it are the antis saying a visible handgun on the dash would intimidate other drivers, but, open carry of long guns in such a manner is already legal so I think it could be quelled. Thoughts?
I certainly hope it can be changed. Being able to secure it in a holster or other device in the car would be just as safe and more comfortable driving.
Chas.
And, I might add, that having a loaded handgun UNSECURED in the cockpit of a car, whether it's on the dash, lying in the passenger seat, or laying on the floorboard, is just asking for it to become a flying trauma-inducer should you become involved in a MVA at anything other than parking lot speeds! I shudder to think of what my fully loaded Walther PPS could do to my, or a passenger's, head should it become a flying missle!
NRA-Life member, NRA Instructor, NRA RSO, TSRA member,
Vietnam (AF) Veteran -- Amateur Extra class amateur radio operator: N5WD
Email: CHL@centurylink.net
This will be one of the things that will need to be fixed in 2017. Any time a law leaves interpretation up to an LEO you are going to end up with (at the very least) interpretations that vary department by department. What are deemed to be acceptable carry methods in rural hill country, will not be accepted in Austin. I guarantee it. There was a previous thread I started about this where there was even differing opinions between moderators/ those close to the law.
