Is this legal open carry?

[Bozz48]

I can't really find a definitive answer. Does an IWB holster, but exposed, qualify as a legal belt holster? I would like to open carry like this, but I don't know if it's legal.

IMG_6065 by [url=https://www.flickr.com/photos/152171653@N05/]

[Papa_Tiger]

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.

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.

[SQLGeek]

I see a holster...clipped to a belt...I think you're good.

[The Annoyed Man]

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..........

[SQLGeek]

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..........

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.

[Tex1961]

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.

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.

Doesn't the new LTC laws (open carry) nullify that subsection?

[LucasMcCain]

You're carrying in a belt holster. You're good.

[Grayling813]

You're carrying in a belt holster. You're good.

[Papa_Tiger]

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.

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.

Doesn't the new LTC laws (open carry) nullify that subsection?

The bold, red section is open carry.

[oljames3]

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.

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.

Doesn't the new LTC laws (open carry) nullify that subsection?

The bold, red section is open carry.

[strogg]

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.

[oljames3]

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/

[troglodyte]

Personally, and IANAL, I think the intent of the law is that the weapon is securely attached to your body in a holster that safely retains it. No stuffing it in your waistband or hanging on a lanyard around your neck Tuco-style. I feel the law-makers didn't get anymore specific for a reason; not to dictate certain types of holsters. I don't see any problem with the OPs method of carry.

But my opinions are worth what you paid for them.

[jmorris]

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.

[Flightmare]

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?