Search found 8 matches

by WildRose
Sun Apr 14, 2019 4:44 pm
Forum: General Texas CHL Discussion
Topic: New CHL Holder + Vehicle carry questions
Replies: 50
Views: 13734

Re: New CHL Holder + Vehicle carry questions

Keith B wrote: Sun Apr 14, 2019 3:59 pm
WildRose wrote: Sun Apr 14, 2019 3:41 pm It's what is put out in the instructor's course itself. There's nothing in the law defining "belt". According to the DPS instructors both belly band and ankle holsters which attach to your body by "belting" are lawful. One encircles your waist the other encircles your leg.
OK, guess I missed that they had gotten word that because belt was not defined as the standard we know and that the other methods would be acceptable. I can see that being a issue though with a police force or prosecutor not knowing this was considered acceptable by RDS.
I'd let my instructor's license go out of date a decade ago so when I renewed I had to go back through the whole course in Dec. We discussed those two items specifically when going over "holsters". There is no legal definition of a belt to be found under the code so any accepted common definition fits. Anything that wraps securely around your body or a portion thereof that can hold a holster or has one built in is acceptable according to them.

A holster must cover the weapon and at least partially cover the trigger guard "securely" but even "securely" isn't defined beyond retaining the firearm during normal activities so while the definitions seem pretty specific at first glance they are not.

Even pocket carry is deemed lawful as long as the firearm is protected and doesn't tend to fall out during normal activities.

Sure you could always find some anti gun cop or JP that might want to make an issue of it but it would never stand up at the district court level and that's why we have insurance through various companies and organizations that will cover our legal fees should we run into one of them.

Think about it, if we go by the letter of the statute all off body carry would be unlawful but that was never the intent of the legislature either.

There's probably some AG guidance letters out there on the subject but I've never needed to delve that deeply so I haven't looked.
by WildRose
Sun Apr 14, 2019 3:41 pm
Forum: General Texas CHL Discussion
Topic: New CHL Holder + Vehicle carry questions
Replies: 50
Views: 13734

Re: New CHL Holder + Vehicle carry questions

It's what is put out in the instructor's course itself. There's nothing in the law defining "belt". According to the DPS instructors both belly band and ankle holsters which attach to your body by "belting" are lawful. One encircles your waist the other encircles your leg.
by WildRose
Sun Apr 14, 2019 2:58 pm
Forum: General Texas CHL Discussion
Topic: New CHL Holder + Vehicle carry questions
Replies: 50
Views: 13734

Re: New CHL Holder + Vehicle carry questions

Keith B wrote: Sun Apr 14, 2019 8:05 am
WildRose wrote: Sun Apr 14, 2019 2:09 am
Ankle and belly band holsters are perfectly lawful, they fall under the category of "belt holster". The belt does not have to be around your waist.
Please cite a legal source that says that it doesn't have to be attached to what is regularly defined as your belt at the waist
The Texas Department of Public Safety.
by WildRose
Sun Apr 14, 2019 2:09 am
Forum: General Texas CHL Discussion
Topic: New CHL Holder + Vehicle carry questions
Replies: 50
Views: 13734

Re: New CHL Holder + Vehicle carry questions

Flightmare wrote: Sun Apr 14, 2019 1:18 am
WildRose wrote: Sun Apr 14, 2019 1:08 am
Keith B wrote: Sat Apr 13, 2019 9:39 pm
WildRose wrote: Sat Apr 13, 2019 5:12 pm
You're both correct, I phrased it poorly.

Let me restate it properly for clarification.
As long as you are in the vehicle and have an LTC with the gun on your person it does not have to be concealed, we are an open carry state.
Still not 100% correct. Must be carried in an approved openly carried method on your person in a belt or shoulder holster.
How else would one be carrying it on their person?
I suppose one COULD have it in an ankle holster. If they were wearing shorts, that would not be concealed. And since it's not in a belt or shoulder holster, would not apply under "open carry".
Ankle and belly band holsters are perfectly lawful, they fall under the category of "belt holster". The belt does not have to be around your waist.
by WildRose
Sun Apr 14, 2019 1:08 am
Forum: General Texas CHL Discussion
Topic: New CHL Holder + Vehicle carry questions
Replies: 50
Views: 13734

Re: New CHL Holder + Vehicle carry questions

Keith B wrote: Sat Apr 13, 2019 9:39 pm
WildRose wrote: Sat Apr 13, 2019 5:12 pm
You're both correct, I phrased it poorly.

Let me restate it properly for clarification.
As long as you are in the vehicle and have an LTC with the gun on your person it does not have to be concealed, we are an open carry state.
Still not 100% correct. Must be carried in an approved openly carried method on your person in a belt or shoulder holster.
How else would one be carrying it on their person?
by WildRose
Sat Apr 13, 2019 5:12 pm
Forum: General Texas CHL Discussion
Topic: New CHL Holder + Vehicle carry questions
Replies: 50
Views: 13734

Re: New CHL Holder + Vehicle carry questions

DEB wrote: Sat Apr 13, 2019 9:39 am
Keith B wrote: Sat Apr 13, 2019 9:13 am
WildRose wrote: Sat Apr 13, 2019 3:59 am
Mel wrote: Sun Apr 07, 2019 9:44 pm Let's play "Devil's Advocate". What if you have the piece on a magnet below the dash, you are stopped by LEO and asked to get out of the vehicle. Are you going to move the weapon to your holster while the officer is watching? Are you going to leave it where it will be in plain sight once you get out?
Try to think of all possible scenarios.
Easily solved. Present your LTC to the officer with your DL as soon as he/she walks up and tell them you are armed and where the gun is.

As long as you are in the vehicle with the gun it does not have to be concealed, we are an open carry state. You do need to think however about having a lockbox of some sort securely affixed to the vehicle if you're going to be forced to leave the vehicle and the gun therein so you can go into posted locations such as the PO.
This is incorrect. If openly carrying, it must be in a belt or shoulder holster. Otherwise you must conceal it, even in a vehicle.
I think Keith B has hit it right on the nose. The shoulder holster, to me is the best method of carrying while in a vehicle on long drives. If desired and with the proper shoulder holster, one can also remove the shoulder holster without touching the weapon and place this ensemble within a covered position inside of your vehicle. Many methods out there nowadays,it isn't like it was when CHL was first passed in Texas. One doesn't have to carry on the hip and those of us who have extra girth, have more options as well. Carry always and enjoy learning the methods available. Soon you too will have a drawer full of holsters, LOL. :txflag:
You're both correct, I phrased it poorly.

Let me restate it properly for clarification.
As long as you are in the vehicle and have an LTC with the gun on your person it does not have to be concealed, we are an open carry state.
by WildRose
Sat Apr 13, 2019 4:01 am
Forum: General Texas CHL Discussion
Topic: New CHL Holder + Vehicle carry questions
Replies: 50
Views: 13734

Re: New CHL Holder + Vehicle carry questions

ConcealThis wrote: Wed Apr 10, 2019 11:45 am You didn't ask but this is worth thinking about. My biggest problem with there magnets is it you're in an accident that involves a decent impact then your pistol is going to become a projectile in your vehicle.
Your best option for under dash mounting will be to rig up a holster with retention. But, in the event of a serious impact your holster with retained pistol might still go flying through the car. Interior panels, especially if they're old, aren't meant to retain loads. Food for thought.

TC
Secure the holster with a metal plate on the backside of the panel with screws or rivets attaching it.
by WildRose
Sat Apr 13, 2019 3:59 am
Forum: General Texas CHL Discussion
Topic: New CHL Holder + Vehicle carry questions
Replies: 50
Views: 13734

Re: New CHL Holder + Vehicle carry questions

Mel wrote: Sun Apr 07, 2019 9:44 pm Let's play "Devil's Advocate". What if you have the piece on a magnet below the dash, you are stopped by LEO and asked to get out of the vehicle. Are you going to move the weapon to your holster while the officer is watching? Are you going to leave it where it will be in plain sight once you get out?
Try to think of all possible scenarios.
Easily solved. Present your LTC to the officer with your DL as soon as he/she walks up and tell them you are armed and where the gun is.

As long as you are in the vehicle with the gun it does not have to be concealed, we are an open carry state. You do need to think however about having a lockbox of some sort securely affixed to the vehicle if you're going to be forced to leave the vehicle and the gun therein so you can go into posted locations such as the PO.

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