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by powerboatr
Sun Oct 24, 2021 5:43 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Pocket holster and open carry
Replies: 7
Views: 6748

Re: Pocket holster and open carry

Tex1961 wrote: Sat Oct 23, 2021 5:35 pm
powerboatr wrote: Sat Oct 23, 2021 3:27 pm
oljames3 wrote: Sat Oct 23, 2021 2:30 pm
jmorris wrote: Sat Oct 23, 2021 2:03 pm So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?

Looking at the law I'm thinking that yes, it would be legal.

Legal, but stupid.

[1]I swear, heavy drinking has not been involved.
Texas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htm
(a-5) A person commits an offense if the person carries a handgun 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 holster.
Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.
how or what about carrying it in your pocket completely concealed, but not in a holster?
Fully Concealed without a holster is legal.
But to chime in on the OP’s question, my personal opinion is no, not legal. And I also agree, probably stupid. I’d just tell my students that while I’m not a lawyer, why push that boundary. And ask if they think it’s worth any legal hassles.
i often carry my 380 bersa in a nice vega holster, in my pocket because its so easy to grab getting in and out of the truck.
i slip it in when i get out , then put it in my side console once i get back in truck
by powerboatr
Sat Oct 23, 2021 3:27 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Pocket holster and open carry
Replies: 7
Views: 6748

Re: Pocket holster and open carry

oljames3 wrote: Sat Oct 23, 2021 2:30 pm
jmorris wrote: Sat Oct 23, 2021 2:03 pm So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?

Looking at the law I'm thinking that yes, it would be legal.

Legal, but stupid.

[1]I swear, heavy drinking has not been involved.
Texas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htm
(a-5) A person commits an offense if the person carries a handgun 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 holster.
Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.
how or what about carrying it in your pocket completely concealed, but not in a holster?

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