Vehicle Open Carry UPDATE

[Younggun]

I disagree. IMHO, it must be worn on your belt in your vehicle to not be concealed. Of course IANAL. And from everything I've tried to read so far, the AG has not issued any opinions yet.

Or shoulder holster.


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[Shotgun Jeremy]

Would rather holster/reholster upon entering/exiting than try to draw from my right side with a seat belt on. Pretty difficult.

You could always use a shoulder holster or a vehicle lock box.

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[vmax]

One constables interpretation does not necessarily apply state wide, or even to every department in Montgomery county.

Nor will it carry much weight in your local court.


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I'm printing off this whole thread, pics and all so If I get stopped I can show it to the cop and maybe he will read this and let me go

 

[Bithabus]

I disagree. IMHO, it must be worn on your belt in your vehicle to not be concealed. Of course IANAL. And from everything I've tried to read so far, the AG has not issued any opinions yet.

Incorrect. The law states the handgun must be carried in a belt or shoulder holster. The statute does not state that the holster must be attached to your belt.

 

[Shotgun Jeremy]

Once it leaves your body, wouldn't it then become just an undesignated holster?

 

[Bithabus]

Once it leaves your body, wouldn't it then become just an undesignated holster?

A firearm that you can easily grab is still considered "carried"

 

[Mreed911]

I think they got an opinion from the Texas Attorney generals office.

No, they didn't. At least not one that's published.

 

[Tired_Yeti]

Nothing showing on my Android...

Apparently..."these aren't the droids you're looking for."

(Sorry. Couldn't resist a stupid Star Wars reference)



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[Mowingmaniac 24/7]

"undesignated holster"

Is that a baseball reference?

 

[oohrah]

Incorrect. The law states the handgun must be carried in a belt or shoulder holster. The statute does not state that the holster must be attached to your belt.

I forgot to include shoulder holster, and you are tempting a ride if you believe you can carry a handgun in a belt holster in your hand and not attached to your waist. Or laying on the seat unconcealed. Again just my opinion. There are many opinions, I'm going to stick with a strict one.

 

[Shotgun Jeremy]

I'm not saying Bithabus is wrong, but I think I'll give it a year or two and allow someone else to run this through the courts. I can't afford it. I'll keep a pistol tucked away for now.

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[karlac]

Interesting perspective/question.
It's a question I've had since watching, live, the agonizing passage of HB910.
Only sure thing: ambiguity in statutes, lawyers win ...

 

[Driller]

Got a call from a Conroe PD officer (Buddy) today. They got a memo from the District Attorneys office that vehicle open carry is legal as long as it is in a belt or shoulder holster. It is still legal if it is mounted to the vehicle in a holster as long as the person has a CHL. Also he noted that the district attorney pointed out that citizens who have a CHL are traditionally model citizens who have passed background checks.

 

[Shady]

in the "round table" Round Rock did a week or so ago. The cops said that holsters mounted to the car do not count for open carry in the car. I am not sure if they said it being in a holster on a belt in the seat next to you was ok. They did say wearing a shoulder or belt holster with an exposed gun is fine if you have a lenience to carry.

 

[busykngt]

Beautiful (!).... last two post are exactly opposite interpretations of the same law (if I'm reading Round Rock & Conroe correctly). Which is why the Texas AG needs to weigh in on this ambiguity. And hopefully that won't take long; in the meanwhile I'll also go with the more conservative approach as I don't want to force the i$$ue either!

 

[Shady]

I still have my holster bolted to the center console of my beater and a towel I throw over it. I am not pressing the issue

 

[Renegade]

Vehicle carry has a lot of loophole options in 46.15. So easy to carry unconcealed.

I do not see the big deal here as carrying unsecured is a bad idea (ie sudden stops), I just toss in console and done.

 

[Younggun]

Vehicle carry has a lot of loophole options in 46.15. So easy to carry unconcealed.

I do not see the big deal here as carrying unsecured is a bad idea (ie sudden stops), I just toss in console and done.

Unconcealed isn't the same as unsecured. And in the console isn't always readily available.


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[Shady]

how is being in a retention holster that is bolted to the console not secured. If the accident is that bad then I bet your console would have opened and spewed its contents all over too.

Vehicle carry has a lot of loophole options in 46.15. So easy to carry unconcealed.

I do not see the big deal here as carrying unsecured is a bad idea (ie sudden stops), I just toss in console and done.

 

[Renegade]

how is being in a retention holster that is bolted to the console not secured. If the accident is that bad then I bet your console would have opened and spewed its contents all over too.

Where did I write "a retention holster that is bolted to the console not secured"?