strogg wrote: ↑Tue May 19, 2020 12:07 pm
IWB/open is exactly how I've been carrying this past week, including this morning when I was running errands.
IANAL, but this is how I interpret the laws: as long as the holster is a shoulder or belt holster (regardless of design), it is fine to use. Open carrying with a belly band, pocket holster, or ankle holster is not fine because the letter of the law does not have an exception to these methods of carry. For those wondering about open carrying in a pocket holster, imagine carrying a large pocket pistol (eg LC9s, P365, etc) in a pocket holster designed for jeans pockets that are bigger than the ones you have. It is perfectly safe and well retained for carry, but the grip is very much sticking out of your pocket.
The only type of holster I can think of in a gray area is a drop leg holster. Technically, your belt is a critical attachment point, but does it really qualify as a belt holster if it also has critical attachment points to the leg.
I am not aware of any court cases involving a decision about what is "a shoulder or belt holster" in the context of Texas law.
https://statutes.capitol.texas.gov/Docs ... /PE.46.htm Until we have case law, we only have opinion. Here is an opinion from the then Police Chief of Houston and the then Harris County DA. Obviously, this is from 4 years ago, but it represents the opinion of the main law enforcement of Houston and Harris county at the time and is, just as obviously, still available on Art Asevedo's HPD's web site. There are two videos and a Q&A section. Item 26 on the Q&A list is:
What is a “belt holster” and what kind of holster would be a violation?
The law does not define a “belt holster”; the law just states you must carry your handgun in a “shoulder or belt holster.” A “drop down” holster attached to your belt is considered to be a belt holster.
http://www.houstontx.gov/police/open_carry/
