Travel with a pistol

[Texan79423]

I am confused about traveling with a gun in Texas. In one part of the law I read a gun needs to be in a holster for concealed or open carry. Traveling in the car I see many ads for those magnets attached to dash and gun in plain view unholstered is that legal? If so where in the law is it written.

I am sure many LEO's would overlook this, but it is best to know the correct answer.

 

[ZX9RCAM]

Here's a thread to peruse while waiting for replies.

Open carry in vehicle?

I was looking at a unique holster today (online) the base of which fits in the cup holder, and then holds the pistol in an upright, ready to grasp position. That made me wonder about the issue of open carry in the vehicle. As I understand it, Texas law says (or did) that if you carry a handgun...

www.texasguntalk.com

 

[rotor]

Page 11

 

[TexasRedneck]

Let's make it simple.....OC requires that the weapon be in a holster. Don't overthink this.....

Is it visible?

If yes -

Is it in a holster?

If yes -

You're fine.

 

[easy rider]

I am confused about traveling with a gun in Texas. In one part of the law I read a gun needs to be in a holster for concealed or open carry. Traveling in the car I see many ads for those magnets attached to dash and gun in plain view unholstered is that legal? If so where in the law is it written.

I am sure many LEO's would overlook this, but it is best to know the correct answer.

To add to what @TexasRedneck has said. If the gun is on you: holstered. If it's in the car but not on you: out of sight.

 

[ZX9RCAM]

Yeah, don't put your holstered pistol up on the dash.

 

[easy rider]

Yeah, don't put your holstered pistol up on the dash.

Is there a story behind that?

 

[ZX9RCAM]

Is there a story behind that?

No.

 

[TexasRedneck]

To add to what @TexasRedneck has said. If the gun is on you: holstered. If it's in the car but not on you: out of sight.

Under the most recent changes, it no longer has to be concealed while in the vehicle. The law only requires that the gun be in a holster.

 

[easy rider]

Under the most recent changes, it no longer has to be concealed while in the vehicle. The law only requires that the gun be in a holster.

That may be, but I'm not sure they all got the memo. While I travel with a gun in a holster on my hip, I also have a back-up, but I don't want it to be the first thing an officer sees when he comes to the window. Out of sight, out of mind.

 

[TexasRedneck]

That may be, but I'm not sure they all got the memo. While I travel with a gun in a holster on my hip, I also have a back-up, but I don't want it to be the first thing an officer sees when he comes to the window. Out of sight, out of mind.

That's up to the choice of each of us....my youngest is an LEO - his position is that he figures 99% of the folks he stops are armed, so seeing it simply gets the old "Make a deal with you - keep your hand away from the gun, and I won't have to grab mine." He says it with a laugh, and the folks are generally relieved and stress levels drop all around.

 

[easy rider]

That's up to the choice of each of us....my youngest is an LEO - his position is that he figures 99% of the folks he stops are armed, so seeing it simply gets the old "Make a deal with you - keep your hand away from the gun, and I won't have to grab mine." He says it with a laugh, and the folks are generally relieved and stress levels drop all around.

I wish I could believe all officers are as sensible as your son. While most of my encounters haven't been bad, there are a few that had a superiority complex, and I wouldn't trust their judgement in such matters.

 

[glenbo]

A few months ago I got stopped for running through a stop sign. Nice young deputy asked where was my firearm after I gave him both IDs. I old him it was in the door pocket and that was fine with him.

 

[TexasRedneck]

I wish I could believe all officers are as sensible as your son. While most of my encounters haven't been bad, there are a few that had a superiority complex, and I wouldn't trust their judgement in such matters.

Meh - I've had my share of encounters with the Rambo-mentality types. I keep my cool and go with the flow. You aren't gonna win on the side of the road - push come to shove, hook me up and take me in - I'll happily own your ass in court. I will generally (politely) ask them to bring in a supervisor. While they're under NO legal obligation to do so, they've always done it, and I've gotten to enjoy some world-class ass chewings of subordinate officers when the supervisor gets there. There's been a couple where I could have pursued formal complaints against the cop, but fortunately their response to the dressing down was such that I could see that the point had been made. I ain't out to ruin their career, but I ain't going to be their punching bag, either.

 

[jrbfishn]

Doesn't the Law specify a belt or shoulder holster for open cary or did they fix that while I was asleep?

Sent from my SM-S906U using Tapatalk

 

[WAA]

I encourage you to review the applicable sections of the Texas Penal Code yourself. It’s available online. DPS has a section on carry on their website as well. The Republic of Texas isn’t out to trick anyone, but it’s your responsibility to educate yourself and know the law.

Too many sea lawyers in here.

 

[DoubleDuty]

To add to what @TexasRedneck has said. If the gun is on you: holstered. If it's in the car but not on you: out of sight.

Nope it only needs to be in a holster. It can be openly visible any where in the vehicle. You are referencing the old law.

 

[easy rider]

Meh - I've had my share of encounters with the Rambo-mentality types. I keep my cool and go with the flow. You aren't gonna win on the side of the road - push come to shove, hook me up and take me in - I'll happily own your ass in court. I will generally (politely) ask them to bring in a supervisor. While they're under NO legal obligation to do so, they've always done it, and I've gotten to enjoy some world-class ass chewings of subordinate officers when the supervisor gets there. There's been a couple where I could have pursued formal complaints against the cop, but fortunately their response to the dressing down was such that I could see that the point had been made. I ain't out to ruin their career, but I ain't going to be their punching bag, either.

I'm more of the 'avoid confrontation if at all possible' kinda guy. While I wish I lived in a more perfect world, I know it's nowhere near it. Whether I like a cop's demeaner or not, like you said, I'm not going to win an argument on the side of a road. Most times it hasn't ended in a ticket, and the end of an inconvenience of being pulled over is about as much time I want to invest.

There are many things that I know I have the right to do, but I take it as, is it worth it to me to push the issue? I try to choose my battles.

 

[easy rider]

Nope it only needs to be in a holster. It can be openly visible any where in the vehicle. You are referencing the old law.

As he had pointed out.

 

[TexasRedneck]

I encourage you to review the applicable sections of the Texas Penal Code yourself. It’s available online. DPS has a section on carry on their website as well. The Republic of Texas isn’t out to trick anyone, but it’s your responsibility to educate yourself and know the law.

Too many sea lawyers in here.

Agreed - but if you're going to post that, why not post the applicable link?