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by Soccerdad1995
Thu May 21, 2020 7:51 am
Forum: General Texas CHL Discussion
Topic: Is this legal open carry?
Replies: 31
Views: 21562

Re: Is this legal open carry?

Tex1961 wrote: Tue May 19, 2020 2:46 pm
Flightmare wrote: Tue May 19, 2020 2:40 pm
jmorris wrote: Tue May 19, 2020 2:28 pm This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.
What if the holster on the car seat was attached to a belt, would it be legal then?
LOL... Good one....

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.
The part you quote is from a subsection that refers to the "carrying" of a handgun. So if a handgun in a belt holster on the passenger seat is not being "carried" then the entire subsection would not apply. For the record, I think that "carrying" incorporates having the handgun within your reach.

Note the wording about "carrying" a handgun "on or about" the license holder's person. If "carrying" was only defined as being in contact with your body, then why would they include the words "or about"?
Texas Penal Code Sec. 46.035 wrote:
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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