Hurley's Gold

Anyone else carry while riding their street bike?

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  • candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
    Emeritus - "Texas Proud"
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    2   0   0
    Jul 23, 2011
    21,358
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    Little Elm
    My G43 is on me anytime I am not at work or swimming.

    Sent from your mom's house using Tapatalk
    With the right duty ammo I bet you could swim.. Some of that federal shit had so much sealant on it I threw a few rounds away just because I was concerned it would effect something. Might be an interesting test. Swim a few days then shoot the ammo.
     

    cycleguy2300

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    9   0   0
    Mar 19, 2010
    6,767
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    Austin, Texas
    With the right duty ammo I bet you could swim.. Some of that federal shit had so much sealant on it I threw a few rounds away just because I was concerned it would effect something. Might be an interesting test. Swim a few days then shoot the ammo.
    Youre probably right, but the Speedo is already full of you get what I'm sayin... no room for anything else.

    Sent from your mom's house using Tapatalk
     

    Texasgrillchef

    Active Member
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    0   0   0
    Jul 27, 2018
    408
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    Lewisville
    I've read the Texas penal code 46 a few times (as much as humanly possible) but never saw any mention of the law that for OC, the handgun must be in a holder ON the person. I read the part where it mentions shoulder or belt holster. But no other mention of location of the weapon. Hence all the funny memes with a handgun in a belt holster, hanging from someone's neck or shoulder on a piece of twine. :)
    Please DO correct me if I am wrong. I don't want to be wrong. But I just could not find anything more in the penal code.
    It is just sad that our lawmakers do not even proof read what they propose and pass.

    The problem, is exactly that. It doesn’t say it has to be on your person, nor does it say it does NOT have to be on your person.

    As of yet, no one has been charged with breaking This section of law and taken it to the Texas Appeals court, or even the Texas Supreme Court. All the cases (if any) were either dismissed, or were pleaded out.

    I have talked to a few lawyers and a few DA’s about this issue, as well as a few LEO‘s from the Denton Co sheriff, Coppel Police, Lewisville police, & Grapevine police… this is what I have learned.

    A lot depends on the location your at, and the law enforcement officer your dealing with, as well as the DA.

    Lets say, your gun is in a Belt or shoulder holster and laying on your passenger seat in full and plain view from outside the vehicle…

    Your pulled over by the police, the Officer notices the handgun in the seat, and you hand him your LTC and DL. Your polite. It was a simple traffic stop. Your not being an asshole, and the officer doesn’t suspect you of committing any crime. The Majority of officers will not say anything, and even if they do write you a citation for the weapon. Most DA’s might dismiss the case. It will depend on the circumstances.

    If though your being an AH or the officer is about to arrest you for some other felony crime. It’s very possible that you could be charged for the crime of improperly carrying your firearm.

    One Lewisville police officer said, that if he saw a handgun in a belt or shoulder holster laying in your passenger seat, showed Your LTC, we’re otherwise polite and didn’t have any warrants out. He would just ask you to cover it up and conceal it. If you were being an AH, then he would write you a citation. However, the Denton Co. DA would more then likely let the case be dismissed. UNLESS you ended up being charged with other class A or B misdemeanor or felony crimes. However, once the situation is written, that means you have to take time and possibly money to deal with it, even if you get it dismissed.

    If you talk to a USCCA lawyer or US legal shield lawyer. They will tell you basically what I said… it’s probably best to keep it concealed, or the holster on your person until Jan 1.
     
    Last edited:

    Nightwatch

    Active Member
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    Jan 9, 2014
    641
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    Currently if you wish to carry your handgun in a vehicle, it has to be concealed either on your person, under the seat, glove box, or center console, etc… if it is OPEN carried, then it MUST be in a shoulder or belt holster AND on your Physical body.

    Effective Jan 1, you will be allowed to open carry in your car, as long as the handgun is in ANY type of holster. The holster does NOT have to be physically on your body. It can be attached to your vehicle, or simply laying in the passenger seat, or on your dash or center console, etc… So long as you are in the Vehicle, or on it.

    Magnet mounts are NOT legal in your car, unless they are concealed, OR include a holster, and the handgun is IN the holster.
    What law is it that you have referred to that goes into effect January 1?
     

    BBL

    Member
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    2   0   0
    Feb 8, 2021
    1,739
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    TX
    The problem, is exactly that. It doesn’t say it has to be on your person, nor does it say it does NOT have to be on your person.
    Agreed. And while I would expect the LEO or even DAs (who are sworn in by their oath to uphold the law and constitution) to not make up extra clauses in the law, you will find plenty of libtards DAs who will try to fry you for not breaking a vaguely-written law, such as this one.
    I would be curious to see a case like this but I am not volunteering to be the first one to try it. :D
     

    Nightwatch

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    Jan 9, 2014
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    In a country of written laws, neither we, nor they, can add to or take from what's written...no matter how we'd like to. When either side doesn't hold the other side strictly to the written law...it doesn't work. The fact that both sides have always and will always TRY to add to or subtract from...is why it's written.
     

    Sasquatch

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    3   0   0
    Apr 20, 2020
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    Magnolia
    Youre probably right, but the Speedo is already full of you get what I'm sayin... no room for anything else.

    Sent from your mom's house using Tapatalk

    Have you learned nothing from the felonious types you interact with? Keister carry if you don't have room up front! :roflfunny: Works for all those who snuck stuff into jail, right?
     
    Every Day Man
    Tyrant

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