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by jmorris
Tue May 19, 2020 4:28 pm
Forum: General Texas CHL Discussion
Topic: Is this legal open carry?
Replies: 31
Views: 22301

Re: Is this legal open carry?

Flightmare wrote: Tue May 19, 2020 2:40 pm
jmorris wrote: Tue May 19, 2020 2:28 pm This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.
What if the holster on the car seat was attached to a belt, would it be legal then?
You'd have to ask them. I will note that they stated this had been run by the Attorney General's office.
by jmorris
Tue May 19, 2020 2:28 pm
Forum: General Texas CHL Discussion
Topic: Is this legal open carry?
Replies: 31
Views: 22301

Re: Is this legal open carry?

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.
During my instructor class, 2016, the DPS instructor stated that a belt holster is one directly attached to a belt so a drop leg holster doesn't qualify. A drink cup held onto you by a belt of masking tape does. Yes, he had one on while stating that.

So, for the OP, if the clip is on the belt it appears to qualify. Take the belt off so there's only the waistband holding it and it's not valid.

The point seemed to be that being designed to be used on a belt doesn't make it a belt holster, being on a belt does. This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.

Don't know if they're still stating this. Recent grads chime in here.

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