TexasCHLforum.com

Just out of curiousity.... is it legal to open carry a magazine, while concealing the pistol? I'm not interested in hearing arguments as to wether it makes sense or if you give up a 'tactical advantage'... I'd just like to know the legal answer. Or if anyone has been harassed/left alone while doing so. Thanks.

Interesting question. My "guess" would be that exposing a weapon component could be considered failure to conceal.

agdude wrote:Just out of curiousity.... is it legal to open carry a magazine, while concealing the pistol? I'm not interested in hearing arguments as to wether it makes sense or if you give up a 'tactical advantage'... I'd just like to know the legal answer. Or if anyone has been harassed/left alone while doing so. Thanks.

Its pretty obnoxious to make your first post with demands about how we should answer your question. I know the answer, but since you are not interested in in allowing me to answer how I see fit, I won't answer you.

I think you might be taking a little too much offense by something that was meant to be harmless. I said that straight out because I simply am not interested in hearing those arguments... It's a free country, if you want to say it anyway... go for it. It wasn't a 'demand', how could it, you're an anonymous person in cyberspace. It was simply putting perameters around what I needed, I don't 'need' to hear other arguments, I do 'need' the simple answer to this, or first hand experience.

To make this more simple for myself, I apologize. I didn't mean to offend you, or anyone else for that matter.

Since you said you do know the answer, please do share. I promise not to make any more demands!

agdude wrote:I think you might be taking a little too much offense by something that was meant to be harmless. I said that straight out because I simply am not interested in hearing those arguments... It's a free country, if you want to say it anyway... go for it. It wasn't a 'demand', how could it, you're an anonymous person in cyberspace. It was simply putting perameters around what I needed, I don't 'need' to hear other arguments, I do 'need' the simple answer to this, or first hand experience.

To make this more simple for myself, I apologize. I didn't mean to offend you, or anyone else for that matter.

Since you said you do know the answer, please do share. I promise not to make any more demands!

I wasn't offended. It is common etiquette to introduce yourself and such before asking questions. Then to demand it be answered in a particular manner seems rude to me. Maybe you could ask the question and simply ignore any unwanted advice.

Since you seem willing to start off again, I am too. Let me ask, do you have a CHL already?

I do have a CHL. Been packing for a little while. With summer arriving I will be spending more time pocket carrying. I can't keep magazines in my other pocket. I'd like to carry them on my belt, weak-side. I'll mostly have a tucked shirt so they will be exposed. I *may* get a closed knife holster to keep it in, but I doubt it. I have a nice leather open top mag holder, that I am extremely satisfied with.

agdude wrote:Just out of curiosity.... is it legal to open carry a magazine, while concealing the pistol? I'm not interested in hearing arguments as to wether it makes sense or if you give up a 'tactical advantage'... I'd just like to know the legal answer. Or if anyone has been harassed/left alone while doing so. Thanks.

I understand your desire to just have a legal answer, rather than start a tactical discussion. I also don't see anything wrong with you letting that be known.

I know of no case on point and the statutory definition of a "concealed handgun" is hardly an example of clarity. The Gov't Code provides:

(3) "Concealed handgun" means a handgun, the presence
of which is not openly discernible to the ordinary observation of a
reasonable person.

Since the statutory definition isn't limited solely to seeing the handgun, I believe that wearing an extra mag. exposed would violate the statute. That said, an argument could also be made that there would be no violation because, if I was carrying a magazine but no gun, then there would be no violation. Thus, having a mag. does not necessarily mean I have a gun. I would not want to be the attorney arguing that position - I believe it’s a looser.

Welcome to the forum.

Chas.

I sincerely thank you! With no disrespect to txinvestigator, I also did not feel that my thread was inappropriately started by setting the parameters of my query. Again, thank you for the straight-forward response. And very nice job on this site. I recently found it and am really impressed. Hopefully I'll be a regular here from now on.

agdude,

To answer your question: I believe it is legal to expose your magazine. There's nothing in the books that says it is illegal.

If you look a few posts down, you'll see my posting regarding mags and ammo, which is related. Maybe the responses there can help.

Also, welcome to the forum. What I've found about this forum is that it is a small community with some great people. The 2 folks who had previously responded to your post are regulars and have a lot of knowledge to offer.

However, being such a small forum, I noticed that some members develop a rather "unique" attitude. Kind of like the "big" fish in a small pond thing I guess. Being on the Internet for over 16years, I usually don't pay much attention to those types.

Thanks for the reply, I'll go snoop around your post to try to find more info. Not that the above answer is incorrect, but the more info, the better!

Thats a great question. One I don't have the answer to though. I will watch this with interest because I have wondered the same thing.

And if a magazine (or ammo) is considered a breach of concealment then would having some portion of a holster exposed be a violation as well.

Logic tells me that anything short of the weapon itself (showing, printing) should not be a problem. BUT, in the real world, someone will argue that something caused them apprehension... and Lord only knows where that would go.



P.S. I have no issues with the way you presented your question in your first post. Some of us want "just the facts Ma'am"!

agdude:
I've posted this elsewhere, but you are new here and have over 21,000 posts to read to get caught up , so let me mention this again.

When I say "there is no case on point," what I mean is there is no appellate court decision in Texas. This doesn't mean no one has been arrested and acquitted or convicted. It simply means no one has been convicted and appealed. (It also means no judge threw the charges out and the DA appealed.) Unlike federal district court, District Courts in Texas do not write opinions on a trial.

So, the answer I gave you is purely my take on how an appellate court would possibly or likely view the legislative intent for a somewhat vague definition.

Regards,
Chas.

Charles:

I didn't realize it worked like that... That's good info to have. So basically it's a crapshoot. Doesn't seem to be strictly forbidden, but doesn't seem like fun to be the test case either.

Best way to avoid any potential of hassle is to keep the magazine out of sight.

Lost of ways to do that easily. A small belt camera bag from Wally word could hold several magazines, a flap type knife holder, a belt mounted I-Pod type of covered holster....... too many options available to risk being the first appellate case that Charles mentioned above.

BTW, welcome to the board !

DaveT wrote:Best way to avoid any potential of hassle is to keep the magazine out of sight.

Lost of ways to do that easily. A small belt camera bag from Wally word could hold several magazines, a flap type knife holder, a belt mounted I-Pod type of covered holster....... too many options available to risk being the first appellate case that Charles mentioned above.

BTW, welcome to the board !

Don't forget a black nylon Multi-tool carrier. I have lots of friends that carry these w/ multitools in them.