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A little background first..

I was diagnosed with ALS (Lou Gehrig disease) in May 2013... while still mostly able body received CHL in March 2014.. since about August 2015 been declining in strength and now use a mobility scooter majority of the time....

Now here is the tongue in cheek question....

If i wrap my gun belt and holster around the scooter basket and keep it firmly fasten.... would that be considered okay for open carry since its in a belt holster ????

RetNavy wrote:A little background first..

I was diagnosed with ALS (Lou Gehrig disease) in May 2013... while still mostly able body received CHL in March 2014.. since about August 2015 been declining in strength and now use a mobility scooter majority of the time....

Now here is the tongue in cheek question....

If i wrap my gun belt and holster around the scooter basket and keep it firmly fasten.... would that be considered okay for open carry since its in a belt holster ????

I think you'd have to follow the MPA rules!

In College Station at least, I can answer a fun answer... LEOs in that area when questioning for more details about what can be construed from the gray area of belt holster and shoulder holster, were told that a "tube sock" can be construed as either if they are in the vicinity of belt or shoulder as well as a man walking down the street swinging a loaded shoulder holster like a sack of groceries from his hand can be construed as legal....I think that there is a fair chance you'd be ok.

RetNavy wrote:A little background first..

I was diagnosed with ALS (Lou Gehrig disease) in May 2013... while still mostly able body received CHL in March 2014.. since about August 2015 been declining in strength and now use a mobility scooter majority of the time....

Now here is the tongue in cheek question....

If i wrap my gun belt and holster around the scooter basket and keep it firmly fasten.... would that be considered okay for open carry since its in a belt holster ????

I am sorry about your condition, I am happy that you can have a sense of humor about it.

Tongue in cheek comment.

Can you imagine an LEO arresting you for open carry and then calling for a wrecker to tow your scooter into an impound yard?
He would never hear the end of that.

WildBill wrote:

RetNavy wrote:A little background first..

I was diagnosed with ALS (Lou Gehrig disease) in May 2013... while still mostly able body received CHL in March 2014.. since about August 2015 been declining in strength and now use a mobility scooter majority of the time....

Now here is the tongue in cheek question....

If i wrap my gun belt and holster around the scooter basket and keep it firmly fasten.... would that be considered okay for open carry since its in a belt holster ????

I am sorry about your condition, I am happy that you can have a sense of humor about it.

Tongue in cheek comment.

Can you imagine an LEO arresting you for open carry and then calling for a wrecker to tow your scooter into an impound yard?
He would never hear the end of that.

I too am sorry for the ALS diagnosis. but to answer your question, any device which substitutes for your legs, would be considered part of your body. That's why wheel chairs, motorized or manual, are subject to the same traffic laws as pedestrians and are given the same right of way consideration. While it would probably have to be decided in court, since you have a legitimate medical condition which requires the use of the scooter, it should be looked upon the same as if it were your body, regarding OCing a handgun. IANAL but I would think it would be a difficult sell for you to be prosecuted, for doing so. Since the law, whether intentionally or inadvertently, simply states that the gun must be in a belt or shoulder holster, the exact location of said belt holster is open for interpretation. JMHO and should not be taken for legal advice.

Best of luck to you, and I hope you are able to keep the great attitude and sense of humor for a long time.

RetNavy wrote:If i wrap my gun belt and holster around the scooter basket and keep it firmly fasten.... would that be considered okay for open carry since its in a belt holster ????

I think that's up to the arresting officer.

Jusme wrote: ...
I too am sorry for the ALS diagnosis. but to answer your question, any device which substitutes for your legs, would be considered part of your body. That's why wheel chairs, motorized or manual, are subject to the same traffic laws as pedestrians and are given the same right of way consideration. While it would probably have to be decided in court, since you have a legitimate medical condition which requires the use of the scooter, it should be looked upon the same as if it were your body, regarding OCing a handgun. IANAL but I would think it would be a difficult sell for you to be prosecuted, for doing so. Since the law, whether intentionally or inadvertently, simply states that the gun must be in a belt or shoulder holster, the exact location of said belt holster is open for interpretation. JMHO and should not be taken for legal advice.

Best of luck to you, and I hope you are able to keep the great attitude and sense of humor for a long time.

From what was said at the instructor class in January, DPS believes, after consulting with the AG's office, that a belt holster is one that is actually attached to a belt, whether it is described as a belt holster or not. For examples, a tactical holster that is not directly attached (uses straps) to a belt is a no-go. Putting your firearm in a "belt" holster and laying it on the passenger seat is a no-go. Putting it in a cup and using duct tape to create a belt is a go.

Yes, I know. At several town hall meetings police chiefs and sheriffs stated tactical holsters were fine. That's not the official DPS instructor take.

So I guess, if the scooter is substituting for legs, a belt would have to be wrapped around the basket and the holster attached.

"" What we have here is a failure of communication"

To many here think to much.

And by the way try to interpret law without understanding..

It is precise. If you can read.

While I don't have an answer to your question, I would like to thank you for your service, and express my regrets at your diagnosis. Noticing your avatar got me to register instead of lurking, as I am waiting for my LTC to process.

I also was Fire Control. I got out as an FTM2. I served on USS America CV-66, USS Henry B Wilson DDG-7, and USS Roark FF-1053. Whether we served together or not, we breathed the same salty air, and walked the same halls at Great Lakes.

God bless you, Shipmate. Fair winds, and following seas!

As with everyone else here, I am sorry for your diagnosis.

In answer to your question, I have only skimmed through the statute of OC since I do not plan to do so, but I do not remember where it said it had to be on your body. Just in a belt or shoulder holster. Now, I does not even say that the belt holster has to be on a belt that I recall. Granted this is pushing the envelope a little.

thanks for all the fun replies..... hopefully everyone saw it as a attempt at humor and not as a way to skirt the law....


and for Quasimofo....i can hazard a guess as a FTM you worked on the BPDMS, then possibly the TARTAR system... i was also on a Adams Class DDG-3 USS John King and worked on the MK68 GFCS (FTG until 85 when they changed the rating to FC)

one of my fondest memories of FT school was standing midwatch in the building during a windy night and those double doors on the third deck would swing by themselves.... talk about Twilight Zone.... fair winds and following seas to all the shipmates and members

Heck, with a scooter you could put a rifle scabbard on it and carry a long gun! And put a SBR under the seat! :)

ELB wrote:Heck, with a scooter you could put a rifle scabbard on it and carry a long gun! And put a SBR under the seat! :)

a 7.62MM mini gun is not a bad idea either

As you can see from replies, there is no really agreed upon answer... The penal code is vague, and different law enforcement agencies have interpreted the law differently. So until we get clarification from the legislature next year, the AG makes an opinion on it, or someone gets arrested and becomes a test case, we really don't know what is considered "legal" here.
And as the rest have said, sorry for your condition and thank you for your service.

And in my opinion, I would go for it. You'd look like one Bad A grandpa!

What's your tolerance for risk? As you can see from the discussion so far, you can make interesting arguments that you should be OK. But interesting arguments are no guarantee of winning, and the consequences of losing are severe. I myself would want more than an interesting argument to support me.

Judges may be reluctant to go too far down the path of interesting arguments because they know doing so can lead to counter-intuitive results. In the spirit of the "fun question," follow this link and read the humorous piece to see how what seems logical in one case can be expanded to undermine a rule almost entirely.
http://www.greenbag.org/v12n3/v12n3_levin.pdf