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Open carry in vehicle?

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  • majormadmax

    Úlfhéðnar
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    Helotes!
    just get a magnet and mount it under the wheel:

    51xPD9lFlPL.jpg

    Not legal in Texas.
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    GKC

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    As Gene Kranz (Ed Harris) said in Apollo 13: "Tell me this isn't a government operation."

    Why wouldn't legislators craft the open carry law to include/allow for off-body open carry in personal vehicles? Common sense would say they would...but, perhaps that's the answer. They ain't got none.
     

    txinvestigator

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    As Gene Kranz (Ed Harris) said in Apollo 13: "Tell me this isn't a government operation."

    Why wouldn't legislators craft the open carry law to include/allow for off-body open carry in personal vehicles? Common sense would say they would...but, perhaps that's the answer. They ain't got none.

    Because the open carry law is not for off body carry.
     

    GKC

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    Because the open carry law is not for off body carry.

    I understand that...I'm just saying that if you wanted to take your gun out of the holster and put it on the seat beside you while you are driving somewhere (for comfort and easier access) why wouldn't that be permissible? Without having to conceal it?
     

    Charlie

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    'Top of the hill, Kerr County!
    Laws may, or may not make any sense. We don't make them, we're just required to abide by them. Old farts like me have generally come to the conclusion it's much easier, safer, and cheaper to abide by the laws rather than try to find some way to "get around" them. :banana:
     

    heavygunner8

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    I understand that...I'm just saying that if you wanted to take your gun out of the holster and put it on the seat beside you while you are driving somewhere (for comfort and easier access) why wouldn't that be permissible? Without having to conceal it?
    I'd add in the requirement to make sure the gun is secure at least. Putting it on the passenger seat can cause the gun to drop to the ground during braking, causing a potential misfire.
     

    GKC

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    Laws may, or may not make any sense. We don't make them, we're just required to abide by them. Old farts like me have generally come to the conclusion it's much easier, safer, and cheaper to abide by the laws rather than try to find some way to "get around" them. :banana:

    There's an adage about the law: Laws may upset reason, but reason may not upset the law.

    I abide by the current laws, whether I think they are rational or not...but that doesn't mean I don't have an opinion about them!

    And I agree that having a gun loose on the seat isn't the best scenario...bad example on my part. I am all in favor of safety. However, having a secure method of off-body carry in the car that is easily accessible and doesn't have to be concealed would be optimal, for comfort and convenience, IMO.
     

    Shady

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    I would say the orange foam and also magnetic holders fit the same category as throwing it in the seat next to you. The forces in an emergency or crash will toss them little missiles all over the place.
     

    GKC

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    I would say the orange foam and also magnetic holders fit the same category as throwing it in the seat next to you. The forces in an emergency or crash will toss them little missiles all over the place.

    There is a holster that straps to the steering column...I assume it would hold the handgun securely, but it probably wouldn't meet the requirement to be concealed. For now, I'm going to mount a holster inside the console, so it will hold the gun more securely than having it loose inside the console.
     

    Shady

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    I did that in my Land Cruiser bolted a left handed safariland to the outside of the center console next to my right leg. remove from holster put in holster on car and toss my Silencer Co hat on it.
     

    locke_n_load

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    To open carry it has to be carried in a belt or shoulder holster BY the license holder.


    Texas Penal Code
    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.

    You can open carry in your car, it just has to be on you. You can conceal anywhere in the car.

    What is your interpretation of "or about" in this section of code?
     

    txinvestigator

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    What is your interpretation of "or about" in this section of code?

    You referenced this.
    to open carry it has to be carried in a belt or shoulder holster BY the license holder.


    Texas Penal Code
    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.
    I don't have an interpretation. The courts do, but it is irrelevant in regards to open carry in a car. To do so it MUST be carried by the license holder. See in red above. Notice the Exception does not include "on our about". The exception calls for it to be carried BY the license holder.

    Think of it this way...Do you think it legal to push a piece of wheeled luggage around with your handgun openly carried in a "belt holster" attached to the luggage and not on your person?
     

    Charlie

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    'Top of the hill, Kerr County!
    This discussion is going nowhere. It's simple. Read the law and follow it, unless you want to do something to get you cited. :green: If you're right handed, put it in a cross draw holster and be done with it. Or cover it up on a seat or holster connected to the console, etc.
     
    Last edited:

    studenygreg

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    Riding in a vehicle is one of my reasons for wearing my back up in an ankle holster. It's much easier to get to and I don't have to move it in and out I'd a holster.

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    Shotgun Jeremy

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    What ankle holster do you use? I've debated that for my P938, but I wouldn't know where to even look at ankle holsters.

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    monkeywrench7

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    ..... "shall not be infringed"....

    Agreed. Texas needs to get onboard with the meaning of "shall not be infringed." All this talk about how a stupid open carry law is written, meantime if I, a law-abiding citizen, want to carry, I have to pay the County to get a piece of paper. It's stupid when the Bill of Rights already grants me that right.


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