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Legal Open Carry?

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  • Bozz10mm

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    Okay, this may seem like a stupid question, but is this considered legal open carry? It's not concealed, but not completely open either. But it is in a belt holster.

    Hurley's Gold
     

    texasnurse

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    My interpretation is yes, open carry doesn't necessarily mean OWB carry


    Sent with my IPhone with electronics and fuzzy logic...
     

    bwalker

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    I believe you'll be considered open carrying. It doesn't look like you are making any attempt to conceal it since your shirt is tucked in.
     

    Mikewood

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    Clearly you are carrying openly and not trying to conceal your firearm.


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    fishingsetx

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    As stated, that is legal open carry. The law doesn't state that is has to be fully in the open, just that is has to be in a belt or shoulder holster. Since you aren't trying to conceal it, it isn't concealed carry. You would have to abide by 30.07.

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    majormadmax

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    Helotes!
    "Unconcealed handguns, loaded or unloaded, must be carried in a shoulder or belt holster."

    That's a belt holster, so it's legal.
     

    ZX9RCAM

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    Now, this makes me curious.
    One of our members was in the habit of OCing a revolver, but it was not in a holster.
    It had a "grip clip", and was tucked into his pants.
    Would this be legal OC?
     

    navyguy

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    Don't know if the clip would be considered a holster, but I personally wouldn't push it. Too many other options for OC.

    I understand there is new language law in process that, if passed, would change "belt or shoulder" to just "Holster". So, a paddle holster, or even an ankle holster while wearing shorts (what a picture!) or any other holster that's not connected to a belt or shoulder rig would be okay.
     

    Charlie

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    I use a "clip grip" daily. Shirttail out, concealed. I work in a part of town that tells me I should carry, but with a diverse group of people, so therefore I keep it concealed. No one has a clue and I feel protected. My Smith 640 with the clip grip and Silver Tip hollowpoints is comfortable and makes me feel OK about my safety as well as the people that are around me. Most do not live in that area and many are oblivious to the "possible" issues in the area.
     

    txinvestigator

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    Okay, this may seem like a stupid question, but is this considered legal open carry? It's not concealed, but not completely open either. But it is in a belt holster.


    Yep. perfectly legal. No interpretation necessary

    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.
     

    txinvestigator

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    I use a "clip grip" daily. Shirttail out, concealed. I work in a part of town that tells me I should carry, but with a diverse group of people, so therefore I keep it concealed. No one has a clue and I feel protected. My Smith 640 with the clip grip and Silver Tip hollowpoints is comfortable and makes me feel OK about my safety as well as the people that are around me. Most do not live in that area and many are oblivious to the "possible" issues in the area.


    You got them vampire killin boolets
     

    satx78247

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    To All,

    ONE of the things that NEEDS to be changed in the current law is to ALLOW "under-skirt holsters".
    (This is not a "big deal" for most men, though it IS for ladies, like my daughter, who wear skirts of various lengths & whose "garter-belt"/thigh sort of under-skirt holster is "of questionable legality" now.)
    Note: My adult daughter generally wears "tea length" skirts with tall boots in cold weather at work & has several "lingerie-material holsters" to match various "outfits". - My daughter is FAR from alone in doing that & adult females are THE fastest growing sub-group of CCW/LTC new licensees.

    Changing the law to allow carry concealed/openly in a "holster" & saying nothing more than that would be a SMART move on the part of the legislature.

    yours, satx
     

    majormadmax

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    To All,

    ONE of the things that NEEDS to be changed in the current law is to ALLOW "under-skirt holsters".
    (This is not a "big deal" for most men, though it IS for ladies, like my daughter, who wear skirts of various lengths & whose "garter-belt"/thigh sort of under-skirt holster is "of questionable legality" now.)
    Note: My adult daughter generally wears "tea length" skirts with tall boots in cold weather at work & has several "lingerie-material holsters" to match various "outfits". - My daughter is FAR from alone in doing that & adult females are THE fastest growing sub-group of CCW/LTC new licensees.

    Changing the law to allow carry concealed/openly in a "holster" & saying nothing more than that would be a SMART move on the part of the legislature.

    yours, satx

    I don't get what you're getting at. "Under skirt holsters" sound like conceal carry to me, to which there is no specific requirement for being a belt or shoulder holster as there is for open carry. As such, they are perfectly legal.

    And it does have applicability to me, those manly enough to wear a kilt can conceal in a manner similar to a lady wearing a dress. In fact, one of the 5.11 kilt videos from the past couple of years showed such a method of concealment/draw (starting at 0:45)...



    Cheers! M2
     

    satx78247

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    majormadmax,

    I had NO idea that you wear garter belts!!!
    (The devil made me do that. = CHUCKLE)


    In all seriousness, a female detective saw my daughter dressing at her Austin gym's locker room & warned her that, "You may get arrested, if that garter-belt rig is seen for any reason out on the street."
    (It's also quite POSSIBLE that it's just the HATEFUL & hostile to the 2nd Amendment folks of AUSTIN PD that is the problem here.)

    yours, satx
     
    Last edited:

    majormadmax

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    If that garter belt has a .45 attached to it, than I am secure enough in my manhood to wear one! :D

    As for the remarks by the female detective, she doesn't have a clue. The accidental display of a concealed weapon could not lead to an arrest even before OC was legal.

    Texas Penal Code Section 42.01, Disorderly Conduct, subsection (a)(8) clearly states that it is an offense to display “a firearm or other deadly weapon in a public place in a manner calculated to alarm. (emphasis mine)”

    I think you are correct that once again, it was likely a member of Art Acevedo's department law-abiding citizens for exercising their 2A rights! And Houston was stupid enough to "lure" that idiot over to their town. I am sure he and Sylvester Turner make a nice pair!
     

    satx78247

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    majormadmax,

    And all this time I thought that a real man only wears a "BLUE RIBBON" under a kilt, if that much.
    (CHUCKLE)

    Do I really have to explain about SPLIT skirts & whether or not that an Austin court/judge might well decide that unintentional/accidental display was INTENTIONAL, especially when the armed person is a lovely young woman, who is also ARMED.
    (ARMED women upset/scare a LOT of "trendy lefties", even more than armed men, as it doesn't fit into their PREJUDICES about what "a woman is supposed to be".)

    yours, satx
     
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