Is this legal open carry?

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Tex1961
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Re: Is this legal open carry?

#16

Post by Tex1961 » 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.
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oljames3
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Re: Is this legal open carry?

#17

Post by oljames3 » Tue May 19, 2020 3:33 pm

jmorris wrote:
Tue May 19, 2020 2:28 pm
strogg wrote:
Tue May 19, 2020 12:07 pm
IWB/open is exactly how I've been carrying this past week, including this morning when I was running errands.

IANAL, but this is how I interpret the laws: as long as the holster is a shoulder or belt holster (regardless of design), it is fine to use. Open carrying with a belly band, pocket holster, or ankle holster is not fine because the letter of the law does not have an exception to these methods of carry. For those wondering about open carrying in a pocket holster, imagine carrying a large pocket pistol (eg LC9s, P365, etc) in a pocket holster designed for jeans pockets that are bigger than the ones you have. It is perfectly safe and well retained for carry, but the grip is very much sticking out of your pocket.

The only type of holster I can think of in a gray area is a drop leg holster. Technically, your belt is a critical attachment point, but does it really qualify as a belt holster if it also has critical attachment points to the leg.
During my instructor class, 2016, the DPS instructor stated that a belt holster is one directly attached to a belt so a drop leg holster doesn't qualify. A drink cup held onto you by a belt of masking tape does. Yes, he had one on while stating that.

So, for the OP, if the clip is on the belt it appears to qualify. Take the belt off so there's only the waistband holding it and it's not valid.

The point seemed to be that being designed to be used on a belt doesn't make it a belt holster, being on a belt does. 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.

Don't know if they're still stating this. Recent grads chime in here.
And it is all opinion until we have case law.
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jmorris
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Re: Is this legal open carry?

#18

Post by jmorris » Tue May 19, 2020 4:28 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?
You'd have to ask them. I will note that they stated this had been run by the Attorney General's office.
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Re: Is this legal open carry?

#19

Post by Soccerdad1995 » Thu May 21, 2020 7:51 am

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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Medic218
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Re: Is this legal open carry?

#20

Post by Medic218 » Sat May 23, 2020 11:03 am

jmorris wrote:
Tue May 19, 2020 4:28 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?
You'd have to ask them. I will note that they stated this had been run by the Attorney General's office.
Looks good to me!!

Image
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NotRPB
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Re: Is this legal open carry?

#21

Post by NotRPB » Sat May 23, 2020 9:46 pm

Medic218 wrote:
Sat May 23, 2020 11:03 am
jmorris wrote:
Tue May 19, 2020 4:28 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?
You'd have to ask them. I will note that they stated this had been run by the Attorney General's office.
Looks good to me!!

Image
That looks like a belt holster it's on the seat belt, had it been on the shoulder strap, it'd be a shoulder holster
I still think they need to add bra holsters to open carry in swimsuit tops while at the beach/pool or while in the car coming from either.
BUT come to think of it ... aren't bra holsters technically shoulder holsters?
That may even create a market to manufacture the Holster Seinfeld Bro ... Manbra

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Medic218
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Re: Is this legal open carry?

#22

Post by Medic218 » Sun May 24, 2020 11:36 am

NotRPB wrote:
Sat May 23, 2020 9:46 pm
Medic218 wrote:
Sat May 23, 2020 11:03 am
jmorris wrote:
Tue May 19, 2020 4:28 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?
You'd have to ask them. I will note that they stated this had been run by the Attorney General's office.
Looks good to me!!

Image
That looks like a belt holster it's on the seat belt, had it been on the shoulder strap, it'd be a shoulder holster
I still think they need to add bra holsters to open carry in swimsuit tops while at the beach/pool or while in the car coming from either.
BUT come to think of it ... aren't bra holsters technically shoulder holsters?
That may even create a market to manufacture the Holster Seinfeld Bro ... Manbra
Go on YouTube and search for the "FlashBang Holster".
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Maxwell
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Re: Is this legal open carry?

#23

Post by Maxwell » Mon May 25, 2020 12:27 pm

Going back to the OP, I always carry in an IWB, even when I open carry. I can't imagine a LEO, or the AG, having any issue with that.

If someone knows of anything different with regards to legality I'd be interested in hearing it.
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jb2012
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Re: Is this legal open carry?

#24

Post by jb2012 » Mon May 25, 2020 12:44 pm

Just curious here, but why open carry iwb? Personally I conceal 24/7, and have been known to carry iwb/owb. I felt that the purpose of an iwb holster, was to conceal the weapon better, at the expense of being generally more uncomfortable than an owb holster.


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Re: Is this legal open carry?

#25

Post by strogg » Mon May 25, 2020 1:48 pm

jb2012 wrote:
Mon May 25, 2020 12:44 pm
Just curious here, but why open carry iwb? Personally I conceal 24/7, and have been known to carry iwb/owb. I felt that the purpose of an iwb holster, was to conceal the weapon better, at the expense of being generally more uncomfortable than an owb holster.
I personally do it so I don't bang the gun on walls, door frames, seat belt buckles, etc. It happens a lot when I OWB carry. It's just far more manageable to maneuver IWB. Also, it is far more comfortable to carry it with my shirt tucked in between the gun and my skin than it is to tuck the gun in between my shirt and my skin. I have tried many holsters, and a 100% kydex iwb with my shirt in between the holster and my skin is far more comfortable than it being concealed in an Alien Gear, Cross Bread, etc holster. I sweat a lot less, and it doesn't feel nearly as yucky. If I need to conceal it, I just pull my underwear up a bit and suck it up. Life goes on. Of course, what works for me may not work for others. YMMV.

Oh, I should mention, I would only IWB a slim frame gun like my Glock 43x. The 1911 and Beretta full size can stay outside my belt thank you very much.

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Medic218
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Re: Is this legal open carry?

#26

Post by Medic218 » Mon May 25, 2020 11:53 pm

strogg wrote:
Mon May 25, 2020 1:48 pm
jb2012 wrote:
Mon May 25, 2020 12:44 pm
Just curious here, but why open carry iwb? Personally I conceal 24/7, and have been known to carry iwb/owb. I felt that the purpose of an iwb holster, was to conceal the weapon better, at the expense of being generally more uncomfortable than an owb holster.
I personally do it so I don't bang the gun on walls, door frames, seat belt buckles, etc. It happens a lot when I OWB carry. It's just far more manageable to maneuver IWB..
I can agree with this and also, for me at least, my pants stay up better when I have the pistol/holster between me and my belt. Even with my gun belt I sometimes still wind up with the weight of the pistol pulling at my waistline. Not like I'm about to lose my britches or anything but they just seem to stay put better with IWB(open or not)
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