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?
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?