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Can your handgun be mounted in your vehicle without being concealed?

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  • Nagorg

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    I'm posting this thread to continue an off topic conversion from another thread I didn't want to hijack.

    The topic started about questions on the legality of holster solutions similar to whats offered by Alien Gear that allow mounting "off person". Their modular system allows the actual holster to be easily moved between different carry methods including a "holster mount" that's illustrated for use in your vehicle.

    I replied to a comment that your handgun had to be concealed if you weren't wearing it with this:
    "Technicality? It doesn't state that the holster must actually be on the shoulder or belt; just that the handgun is in that holster. Inst the Alien Gear stuff designed in a modular way so that the same holster can be "docked" to the vehicle mount? Seems to me that the gun is in that holster..

    Snip from PC §46.02. UNLAWFUL CARRYING WEAPONS
    "a-1) A person commits an offense if the person intentionally, knowingly, or
    recklessly carries on or about his or her person a handgun in a motor vehicle or
    watercraft that is owned by the person or under the person’s control at any time
    in which:
    (1) the handgun is in plain view, unless the person is licensed to carry a
    handgun under Subchapter H, Chapter 411, Government Code, and the
    handgun is carried in a shoulder or belt holster
    ; or
    (2) the person is:
    (A) engaged in criminal activity, other than a Class C misdemeanor that is a
    violation of a law or ordinance regulating traffic or boating;
    (B) prohibited by law from possessing a firearm; or
    (C) a member of a criminal street gang, as defined by Section 71.01"

    I'm nowhere near being an attorney so don't take what I'm saying as fact. Thats just how I read it."


    So, can anyone offer "official" insight on this? Or is this another thing left up to interpretation where you'd be wise to err on the side of caution?
     

    majormadmax

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    Just my opinion, but I believe the intent of the law was that the handgun be on the person via a belt or shoulder holster. Yes, others could interpret the wording differently; but I think the "common sense test" applied by a jury would align itself with my beliefs. Your mileage may vary, but I agree with ZX9RCAM in that I wouldn't want to be the test case either, especially for a product that I find useless in the first place...
     

    Nagorg

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    I agree that I wouldn't want to be a Guinea Pig on this. That's why I posted; to get feedback from the forum. Personally I don't think the idea of the holster mount is useless. It seems like a good idea, if it were legal...
     

    Younggun

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    Nothing wrong with the mount mentioned. Especially if in a farm truck on private land or out of plain site if on public roads/property.

    I think anyone who tried arguing the wording of the law while attempting to open carry a handgun off body in a vehicle will lose in court. The intent is plain. And even if the wording was strictly followed the next argument would be that once mounted to the vehicle adapter the holster was no longer a belt or shoulder holster due to the change in configuration.


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    Kar98

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    If on private land, you can mount a fifty cal in your truck bed if you want. If on public roads, in a belt or shoulder holster that's attached to you if open carried; or concealed means concealed wether with a license or per motorist protection act.
     

    Younggun

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    If on private land, you can mount a fifty cal in your truck bed if you want. If on public roads, in a belt or shoulder holster that's attached to you if open carried; or concealed means concealed wether with a license or per motorist protection act.

    You can mount a .50 cal in your truck bed on public roads too. MPA only applies to handguns. Long guns have no requirement to be concealed or holstered.


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    Shady

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    if you want to do it just toss a hat or towel over the car mounted holster and its concealed.
     

    Nagorg

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    I do think the wording could be interpreted in favor of the holster mount but I agree its not worth testing.

    Wording aside, I think @Younggun is correct that the configuration would be seen as not being a belt or shoulder holster while on that mount.

    Sounds like everyone is of the opinion that its better to err on the side of caution on this. And I agree that's the prudent path. Thanks for the dialogue!
     

    Charlie

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    My Dad had a holster that strapped to the steering column on a 1956 Ford truck that held a pistol (not concealed, easy to see) that he used to hold his gun when he went out of town. Of course, that was in the 50's and early 60's.
     

    Shady

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    not that its written in the law I do believe that question was asked in a couple of the Town Hall meetings and was answered if its not on you it needs to be concealed in the car.
     

    General Zod

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    "On or about" in legalese may not mean the same as it does in plain English. I would take it to mean either directly on your body or in a pocket of your clothing, but not "nearby" or "within reach". Using a vehicle mount holster for your handgun is asking for trouble with the current law...and in the LTC class I took it was specifically mentioned as something that'll land you in hot water.
     
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