Open Carry Options

[NTxShooter84]

I've read from a few associations, and DPS.
It states you must wear a holster - in order to Open Carry.

Does this constitute a 'Leg Rig' ??

 

[Countryfried Frank]

It might be worth checking out Penal Code chapter 46 for yourself. Open carry specifically refers to a belt or shoulder holster. Someone might be tempted to make the argument that a leg holster, although attached to the belt, is intentionally designed to carry the handgun away from the belt.

As with anything on the internet, I am not a lawyer and this is not legal advice.

 

[Mikewood]

No, you can't open carry in an ankle holster. Why eould you want to?


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[Shady]

the drop leg holster is one that could end up in court. With that said all of the video hearings and town hall meetings I saw the officers asked said they considered a drop let a belt holster.

 

[Vec]

what about a western rig?

 

[RACER X]

Somebody on another forum said they saw somebody carrying a gun in a chest rig, like across his chest vs shoulder (Miami vice style), all tacticool and all

Thoughts on that

sent from the batcloset in the batcave on the batphone

 

[Governors20]

If the drop leg connects to the belt, its good to go. That's what I was told. don't know why you would want to....

 

[Younggun]

Gotta look cool.


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[locke_n_load]

Houston DA said dropleg holsters are A-ok. Your jurisdiction may vary.

I view chest rigs in the same regard, but I am not a lawyer.

 

[Mikewood]

Somebody on another forum said they saw somebody carrying a gun in a chest rig, like across his chest vs shoulder (Miami vice style), all tacticool and all

Thoughts on that

sent from the batcloset in the batcave on the batphone

If you are running and have it strapped to a plate carrier or a harness I think you would likely be fine.


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[sdismukes]

I think your mileage gonna vary. Run into a cop with a jones for OC'ers, you may end up being a test case.

 

[locke_n_load]

Really need to change the law to "holster"

 

[Hoji]

Gotta look tacticool.


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FIFY

 

[SC-Texas]

Does it attach to the belt? It's GTG

Does it hang from the shoulder even if slung across the chest, but straps still go over the shoulder ? Then GTG


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[Mreed911]

Does it attach to the belt? It's GTG

Does it hang from the shoulder even if slung across the chest, but straps still go over the shoulder ? Then GTG

Respectfully, citation please?

"Belt holster" and "shoulder holster" are pretty specific terms that match to the marketing language used for said holsters.

"Leg holster" and "chest harness" are also two separate, distinct terms IMHO.

 

[SC-Texas]

How about this. You show me a citation? You can't.

It's simple. Read.

If it hangs from the shoulder or belt it meets the definition.

Marketing ad type is just that


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[SC-Texas]

I was trying to find if the code defines belt and shoulder holster. Not finding it


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[Mreed911]

How about this. You show me a citation? You can't.

It's simple. Read.

If it hangs from the shoulder or belt it meets the definition.

Marketing ad type is just that

I suppose we'll wait for a court to decide. Several police departments/DA's stated that drop-leg holsters would NOT meet the requirement set forth in the law, which plainly states "belt or shoulder holster." Others said they're fine.

Blanket statements like "GTG" are all well and good as long as you're giving legal advice we can hold you to when one of those PD's/DA's decides to make an example of someone in a belt-attached drop-leg holster.

I suspect that's not the case, though, and you're providing your (educated, well-reasoned and generally correct) opinion.

I'm not willing to be the test case, however. Other folks here should be warned that opinions are just that... opinions... and there aren't any test cases yet on whether leg holsters that attach to the belt are "belt holsters" and whether chest rigs that cross the shoulder are "shoulder holsters."

A good example? This holster, for which the description says:

Instantly converts! Goes from a Leg Holster to a Belt Holster in seconds. Perfect for toting large-frame pistols.

When used as a Belt Holster, it can be worn vertically or horizontally

A prosecutor printing out that description of the holster and presenting it to a jury would have a pretty easy time proving up that it was, in fact, not a "belt holster" but a "leg holster" because it was designed and sold as a convertible holster, which you weren't wearing as a belt holster at the time, so it's not a "belt holster" under the law.

There would certainly be PC to arrest... and that's 80% of the battle right there (arrest record, bail, defense attorney, etc.).

 

[Mreed911]

I was trying to find if the code defines belt and shoulder holster. Not finding it

Agreed. It was left out and it's ambiguous. IMHO, dangerously so.

 

[SC-Texas]

Look. It's simple. It attaches to the belt. A prosecutor is going to have a hard time getting around that simple glaring fact.

The ad type is hearsay and inadmissible.

The plain text of the statute will prevail.

Does a belt holster attach to the belt?

Does the belt holster support the gun by attaching to the belt?

Did the holster my client was wearing attach to the belt?

How about the shoulde? Did one or more stars cross the shoulder and did they support the handgun by crossing the shoulder?

Thank you. No more questions defense rests.

You are getting into something the statute didn't.

How close to the belt or shoulder does the firearm have to be?

What about inside the belt holsters? IWB? Tuck able IWB?

What if the guy wears the shoulder holster a little too far forward on his chest! Maybe the belt holster carries it too low on the belt?

How low off the belt line is too low?

Not happening.

Now. I don't want you are anyone to be a test case. But thus is common sense.


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