Pocket holster and open carry

[jmorris]

So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?

Looking at the law I'm thinking that yes, it would be legal.

Legal, but stupid.

[1]I swear, heavy drinking has not been involved.

[oljames3]

So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?

Looking at the law I'm thinking that yes, it would be legal.

Legal, but stupid.

[1]I swear, heavy drinking has not been involved.

Texas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

(a-5) A person commits an offense if the person carries a handgun 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 holster.

Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.

[powerboatr]

So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?

Looking at the law I'm thinking that yes, it would be legal.

Legal, but stupid.

[1]I swear, heavy drinking has not been involved.

Texas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

(a-5) A person commits an offense if the person carries a handgun 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 holster.

Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.

how or what about carrying it in your pocket completely concealed, but not in a holster?

[Tex1961]

So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?

Looking at the law I'm thinking that yes, it would be legal.

Legal, but stupid.

[1]I swear, heavy drinking has not been involved.

Texas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

(a-5) A person commits an offense if the person carries a handgun 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 holster.

Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.

how or what about carrying it in your pocket completely concealed, but not in a holster?

Fully Concealed without a holster is legal.
But to chime in on the OP’s question, my personal opinion is no, not legal. And I also agree, probably stupid. I’d just tell my students that while I’m not a lawyer, why push that boundary. And ask if they think it’s worth any legal hassles.

[Flightmare]

I was pocket carrying while riding my bicycle earlier this week. My P365 usually rides in my front right hand pocket. About 6 miles into the ride, I noticed that the bottom of the grip had actually ripped thru the side of the pocket and was protruding about an inch thru the rip. I transferred the pistol from my right pocket to my left and continued the ride. That being said, it was kept in a Desantis Nemesis holster. In my opinion, this meets the legal requirement of being in a "holster", even though it is kept in a pocket. I'm no lawyer though.

https://www.desantisholster.com/the-nemesis/

[jmorris]

So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?

Looking at the law I'm thinking that yes, it would be legal.

Legal, but stupid.

[1]I swear, heavy drinking has not been involved.

Texas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

(a-5) A person commits an offense if the person carries a handgun 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 holster.

Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.

Yes, that is the statute I'm looking at. Should have quoted it. The pistol is partially visible AND in a holster so it is legal.

The stupid part would just be expressed in my head.

[powerboatr]

So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?

Looking at the law I'm thinking that yes, it would be legal.

Legal, but stupid.

[1]I swear, heavy drinking has not been involved.

Texas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

(a-5) A person commits an offense if the person carries a handgun 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 holster.

Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.

how or what about carrying it in your pocket completely concealed, but not in a holster?

Fully Concealed without a holster is legal.
But to chime in on the OP’s question, my personal opinion is no, not legal. And I also agree, probably stupid. I’d just tell my students that while I’m not a lawyer, why push that boundary. And ask if they think it’s worth any legal hassles.

i often carry my 380 bersa in a nice vega holster, in my pocket because its so easy to grab getting in and out of the truck.
i slip it in when i get out , then put it in my side console once i get back in truck

[cyphertext]

Fully Concealed without a holster is legal.
But to chime in on the OP’s question, my personal opinion is no, not legal. And I also agree, probably stupid. I’d just tell my students that while I’m not a lawyer, why push that boundary. And ask if they think it’s worth any legal hassles.

While not something I would do, what statute do you base that opinion on?