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Quick question on open carry. I know it has to be in a shoulder or belt holster on or about your person from what I have read very briefly about the new law. My question is what about a holstered pistol on your center console or the seat next to you in your car. Would I assume this is on or about your person or no?

I will never open carry in public.I just don't want anybody knowing I carry. My personal decision. What I am more interested in is my car for long trips when I want to keep it next to me but not concealed or on my body. Can I do this?

Thanks and happy new year!

After further research it seems to me on or about your person generally means " within arm reach while in the car".

Is that the interpretation most of you are coming to as well. I just don't want to assume anything. You know what they say about assume.

Thanks

For now, I'm going to assume that it means in a belt or shoulder holster worn by me. It may be ironed out to mean something different later, but I think I'll just take the wording of the law literally.

If the gun is carried concealed it can be placed anywhere in the car. In a glove box, under a t shirt, in the center console, it doesn't matter. It must be concealed though. If it is openly carried it must be carried on your person in a belt or shoulder holster. It wouldn't be allowed to leave a gun even in a holster openly on the passenger seat or another place.

Smokewagon wrote:For now, I'm going to assume that it means in a belt or shoulder holster worn by me. It may be ironed out to mean something different later, but I think I'll just take the wording of the law literally.

CC Italian wrote:After further research it seems to me on or about your person generally means " within arm reach while in the car".
Is that the interpretation most of you are coming to as well. I just don't want to assume anything. You know what they say about assume.
Thanks

This makes me wonder about storage? I got my GunVault NV 200 underneath my front passenger seat (slid in from the backseat towards the front of the car). If for some reason I am carrying and decide to drink, I would disarm and utilize the GunVault.

If am in over 0.08 BAC, and I get in the vehicle as a passenger:
1) Am I legally considered carrying "on or about my person"?
2) Would it matter whether I am in the front passenger seat or the back seats?
3) Does it matter who has physical control of the key to the GunVault while in the vehicle?

casp625 wrote:

CC Italian wrote:After further research it seems to me on or about your person generally means " within arm reach while in the car".
Is that the interpretation most of you are coming to as well. I just don't want to assume anything. You know what they say about assume.
Thanks

This makes me wonder about storage? I got my GunVault NV 200 underneath my front passenger seat (slid in from the backseat towards the front of the car). If for some reason I am carrying and decide to drink, I would disarm and utilize the GunVault.

If am in over 0.08 BAC, and I get in the vehicle as a passenger:
1) Am I legally considered carrying "on or about my person"?
2) Would it matter whether I am in the front passenger seat or the back seats?
3) Does it matter who has physical control of the key to the GunVault while in the vehicle?

If you are over 0.08 and riding as a passenger in a vehicle that you own, you are legal to carry under MPA. "Being intoxicated" is not a crime (yet)...And since you're not carrying under the authority of your LTC, you are not subject to 46.035 prohibition on carrying while intoxicated. Now I suppose someone could argue that you are "publicly intoxicated" but if just riding in closed motor vehicle, I think that's a stretch. And, if we want to go there, PI requires that you are "intoxicated" in public AND "to such a degree that you are a danger to yourself and others".

This area of whether or not a handgun in a holster, but being worn, requires concealment or not when in a vehicle might be a little sticky. Consider the fact that many people consider the carrying of a handgun in a vehicle to be covered under the MPA even if one has a CHL/LTC. Under the MPA the handgun must be concealed. So, maybe, under 30.07 the holster must be worn or "on the body" and not just within reach. I'm not sure either way, but I won't be the test case.

Smokewagon wrote:For now, I'm going to assume that it means in a belt or shoulder holster worn by me. It may be ironed out to mean something different later, but I think I'll just take the wording of the law literally.

This will be ironed out by case law. I personally don't want to be the case.

Whenever a rule refers to carrying a gun it always says it "...carried in a shoulder or belt holster by the license holder".

So whenever you want to take advantage of open carry, or better stated, non-concealed carry, it must be "carried" by the license holder in a belt or shoulder holster . Simply putting a gun in a belt hosted and laying it in the seat next to you is not allowed.

Of course some guy may walk around holding a belt-holstered gun like a pocketbook and dare someone to say he's not "carrying". It is from these guys we make party tapes and videos.

tex

thetexan wrote:
So whenever you want to take advantage of open carry, or better stated, non-concealed carry, it must be "carried" by the license holder in a belt or shoulder holster . Simply putting a gun in a belt hosted and laying it in the seat next to you is not allowed.

tex

I'm not sure how you could ever get to that position with a reading of the actual penal code:

Every single entry in the penal code includes "A license holder commits an offense if the license holder carries a handgun on or about the license holder's person"

On or ABOUT, in every version of the law. That is a long settled legal term and it does NOT mean on the person only.

I'm sure there are LE that might arrest for having the gun in a holster on the car seat, but that doesn't change the wording of the law.

Reviewing.....

Stand by

If it isn't in a belt or shoulder holster, it must be concealed.

Cover it in the car.

JALLEN wrote:If it isn't in a belt or shoulder holster, it must be concealed.

Cover it in the car.

That's not the question. The question is, does the law require that the holster be WORN at the time and in a strict reading of the penal code it does not appear to. "on or about your person" seems to leave the "ABOUT" as an option in addition to "ON".