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IMG_6065 by [url=https://www.flickr.com/photos/152171653@N05/]That is all the legal definition we receive in the law. I don't think any rational DA would accept charges from an officer if you were out in public like that.Texas Penal Code Sec. 46.035 wrote: UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
Well an employer is a little different under the law IIRC or at least used to be prior to the passage of open carry. Many gun stores had their employees open carrying before the law was changed.The Annoyed Man wrote: ↑Tue May 19, 2020 8:39 am Shoot Point Blank stores tell their employees that they may carry a firearm, but that if they do, it must be open-carried IWB, shirt tucked in. All shirts must be tucked in anyway.
I doubt that they’d be knowingly telling their employees to break the law. And since, among other services they offer, they teach LTC classes..........
Doesn't the new LTC laws (open carry) nullify that subsection?Papa_Tiger wrote: ↑Tue May 19, 2020 8:12 amThat is all the legal definition we receive in the law. I don't think any rational DA would accept charges from an officer if you were out in public like that.Texas Penal Code Sec. 46.035 wrote: UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
The bold, red section is open carry.Tex1961 wrote: ↑Tue May 19, 2020 9:01 amDoesn't the new LTC laws (open carry) nullify that subsection?Papa_Tiger wrote: ↑Tue May 19, 2020 8:12 amThat is all the legal definition we receive in the law. I don't think any rational DA would accept charges from an officer if you were out in public like that.Texas Penal Code Sec. 46.035 wrote: UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
Papa_Tiger wrote: ↑Tue May 19, 2020 9:18 amThe bold, red section is open carry.Tex1961 wrote: ↑Tue May 19, 2020 9:01 amDoesn't the new LTC laws (open carry) nullify that subsection?Papa_Tiger wrote: ↑Tue May 19, 2020 8:12 amThat is all the legal definition we receive in the law. I don't think any rational DA would accept charges from an officer if you were out in public like that.Texas Penal Code Sec. 46.035 wrote: UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
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: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.
http://www.houstontx.gov/police/open_carry/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.
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.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.