30.06 sign but no 30.07

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


rotor
Senior Member
Posts in topic: 5
Posts: 3326
Joined: Tue Dec 18, 2012 11:26 pm

Re: 30.06 sign but no 30.07

#46

Post by rotor »

Soccerdad1995 wrote:
rotor wrote:
casp625 wrote:The preceding sentence says on or about your person :roll: doesn't mean my interpretation is correct though
To me the important sentence is.. "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 way I read this the license holder must carry in a shoulder or belt holster. Not have a holstered gun on a chair or seat next to him/her.
So IANAL, but I think the word "carried" has a pretty broad definition here. After all, the title of 46.035 is "unlawful carrying of a firearm...". So if you are not "carrying" a gun that is not in physical contact with a part of your body, then the entire section would not apply and you would have nothing to worry about from a gun that was sitting on your passenger seat. I also draw the same inference by the inclusion of the words "on or about". If they were only talking about carrying a gun in the literal sense of the word, then how could it not be "on" your person.

Does anyone know if it is possible (within the meaning of the law) to lawfully or unlawfully "carry" a gun that is in your car, but you aren't touching it?

This actually has practical implications to me since I just installed an Alien Gear docking mount in my car. It houses a paddle holster that I put into the mount, and the holster and mount are both inches from my right knee / leg. I am planning to put a black cloth over the gun to be safe, but if it were to become visible somehow would that be a problem?
IANAL either but if I have my gun in my car and not physically on my body either concealed carry or open carry (I use a belt holster that I am wearing) I have it covered up. Let someone else decide what the exact legal determination is. I don't see any big deal in throwing a towel over your docking mount.
Post Reply

Return to “General Texas CHL Discussion”