Is this legal open carry?

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NotRPB
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Re: Is this legal open carry?

#31

Post by NotRPB »

shoulder holster slung over the car seat next to you or the gearshift knob would be "on OR ABOUT" your person I suppose, the issue might be the language "is carried" ... yet ... I "carry" a LOT of junk in my car ...

srothstein
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Location: Luling, TX

Re: Is this legal open carry?

#32

Post by srothstein »

LDP wrote: Tue Jun 02, 2020 12:33 pmHmm, you are right.
I never thought of the "or about" part of the clause. Interesting.
Is "about person" defined in the law somewhere? I'd be interested to know the radius of allowed placement.

But you are also right that following the law to the letter won't guarantee that a jury of 12 dumb "peers" will be able to read plain English as well.
I was taught that case law has defined "on or about" to mean within easy grabbing or lunging distance. If you can reach for it and grab it, it is about your person. If you have to take some other action, such as unlocking the glove box, it is not on or about your person.

So, almost anywhere in the passenger compartment of a 4 door sedan that is not separately locked is on or about you. It is questionable if the back end of an SUV would be considered that.
Steve Rothstein
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