TexasCHLforum.com

So- I’ve been seeing a lot of ads for magnetic mounts like below. My CHL instructor said they are illegal even if you have a license. I agree with him as it’s not on the body- whag do you say?

As long as the gun is hidden from view, and is in your vehicle or in your home there is nothing illegal about it. Your instructor is giving you bad information. It sounds like what he is saying is that it is illegal to keep a gun in a safe because it's not on your person.

I think that instructor doesn’t know what he is talking about, or maybe he just wasn’t specific.
You can mount a weapon anyway you want in your house.
There may be an issue mounting it in your vehicle if it is not concealed, ie. mounting on the dashboard, but otherwise OK if concealed.
A safe in a car is also OK. I use a safe in my car when I must disarm to enter a medical facility, for example.

I am sure some other folks on this forum can accurately comment.

And,...you don’t even need a license if it is in your car, in Texas.
Of course also out of view.

Legally, if it's concealed, it doesn't have to be on your body. If it's in plain view, you need an LTC and it has to be in a belt or shoulder holster.

Practically, I think it''s a bad idea in a vehicle. In a fixed location like under the counter at a convenience store, it may have merit. However, a handgun may shift around in a moving vehicle. Even if it doesn't come loose from the magnet, it may not stay pointed the way you left it. I think an actual holster, even an Uncle Mikes nylon holster, is a better option for concealed off-body carry in a vehicle. A holster with retention is even better.

I would guess your instructor was thinking about the holster requirement for open carry, even in your car. Using something like this would raise the question "how concealed is concealed?" If it's tucked way up under dash, is that concealed? I don't think that would meet the criteria, but that's just an opinion.

I have two other issues with something like this you might want to consider:
1. There is no protection for the trigger. How easy would it be when reaching for that gun in a hurry to accidently put your finger inside the trigger guard, pull the trigger and put a hole in your floorboard, possibly your foot?
2. What will happen to the gun if you have an accident?

Personally, I would not use one of these, but would look at one of the holsters that can be attached to the car instead. if it's attached under a dash, it still raises the "concealed" question, however.

mloamiller wrote:I would guess your instructor was thinking about the holster requirement for open carry, even in your car. Using something like this would raise the question "how concealed is concealed?" If it's tucked way up under dash, is that concealed? I don't think that would meet the criteria, but that's just an opinion.

I have two other issues with something like this you might want to consider:
1. There is no protection for the trigger. How easy would it be when reaching for that gun in a hurry to accidently put your finger inside the trigger guard, pull the trigger and put a hole in your floorboard, possibly your foot?
2. What will happen to the gun if you have an accident?

Personally, I would not use one of these, but would look at one of the holsters that can be attached to the car instead. if it's attached under a dash, it still raises the "concealed" question, however.

It depends on how "tucked away" it is. Basically, the question is "can you see the gun from outside the vehicle"? If the answer is no, then you are concealed. If someone has to open the door and stick their head under the dash to see the gun, then it is concealed.

If in doubt, you could always attach a cloth of some type to further cover the weapon.

Why would you want to magnetize your gun???

Look up Texas Custom Holsters.

PBratton wrote:Why would you want to magnetize your gun???

Look up Texas Custom Holsters.

Would a magnetized gun attract steel casings ... #Recycling

I have a similar product mounts to the side of the console and use a beltholster with a metal belt clip to hold it in place. I am thereby using a belt holster as required in the eye of the law, and my trigger is protected from accidental contact. It allows me to place it in a convenient position for me, but easily concealed by my leg while driving.

DevilDawg wrote:I have a similar product mounts to the side of the console and use a beltholster with a metal belt clip to hold it in place. I am thereby using a belt holster as required in the eye of the law, and my trigger is protected from accidental contact. It allows me to place it in a convenient position for me, but easily concealed by my leg while driving.

If it's concealed it doesn't need to be in a belt holster (or a holster at all for that matter). Personally, I would toss a T-shirt over it regardless in case I ever got out of the vehicle without the gun (like when I am walking into my office). No need to advertise that my vehicle has a firearm in it.

If it is in a belt holster (or not), and can be readily seen from outside of the vehicle, and a LEO sees it, you are going to jail.

A holster means nothing unless it is on your person, or you are in premises under your control, or it is out of sight in your vehicle. This assumes you have an LTC.

skeathley wrote:If it is in a belt holster (or not), and can be readily seen from outside of the vehicle, and a LEO sees it, you are going to jail.

A holster means nothing unless it is on your person, or you are in premises under your control, or it is out of sight in your vehicle. This assumes you have an LTC.

Do you have a link for this?

Assuming that the relevant code section is 46.035(a), then I think there is a bit of circular logic here.

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.

The first sentence says that it is only an offense if a license holder is "carrying" a handgun "on or about the license holder's person", and then "intentionally displays" the handgun in plain view of another person...

So this seems to require the license holder to: 1) "Carry" the handgun. The term "carry" being clarified as being "on or about" the license holder; and then also 2) intentionally display the handgun in plain view of another person. A handgun covered by your leg that becomes visible as you exit the vehicle does not seem to meet this requirement (assuming here that you only exit the vehicle on the instructions of a LEO).

But back to the first requirement of "carrying" the handgun. The second sentence then says that it is an exception if the handgun was carried in a shoulder or belt holster. So unless the term "carry" changes definition between the first and second sentences of this statute, a gun that is in a belt holster anywhere in your vehicle is either "not carried" because it is not "on or about" your person (say in the back seat maybe), or it is "carried" because it is closer to you, but you then have the exception provided for in the second sentence.

Is there another code section that is clearer on this?

I have one in my jeep mounted low on the bottom edge of the console. Black gun against black carpet it is nigh invisible. Jeep is lifted and rides rough pistol has never moved. Those magnets are pretty strong. Get a new instructor.

When I am driving my wife's Altima, She Who Must Be Obeyed requires that I not scratch the leather seats. I carry my S&W M&P M2.0 9mm 5inch in a Safariland ALS attached to my belt with their Quick Locking System. I remove the holstered pistol from my belt before I enter the car and place it in the driver's door pocket. After I exit the vehicle, I reattach the holstered pistol to my belt, at my waist. Works for me.