Pocket carry is illegal in my vehicle?

[SickSilverado]

I was just pulled over. I notified Trooper that I had guns on me and in the truck(I was gonna test some guns after my driving shift at the border). He told me I was about to get an education. Trooper told me that I couldn't pocket carry. Not in public and not in my truck. I told him I wouldn't be in public if he hadn't made me stand in the street. He said all guns must be holstered unless new in their box. I asked if my range bag was acceptable and he said no. I have an LTC and I'm an LTC instructor, but he said I was wrong. I googled it and even looked at my handbook, but maybe I'm not understanding. I thought only open carried guns needed a shoulder/belt holster?

FYI - The pocket gun was empty. My actual EDC was a holstered VP9SK. Other guns in my range bag were projects.

 

[acidfly]

Interesting...

 

[no2gates]

I think he's on crack.

 

[toddnjoyce]

You appear to both be a little incorrect. TPC 46.02. Says this

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or
(B) prohibited by law from possessing a firearm.

And this

(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.

So, if any part of the handgun is ever visible, it has to be holstered when carried.

Yes, I know there’s conflicts around the changes HB1927 wrought in bringing about permitless carry.

ETA: It’s been a minute since I’ve looked at all the changes brought on by HB1927, so there may be changes elsewhere related to carry by a license holder, either in the Penal Code or the Government Code.

 

[skfullgun]

So I cannot legally "Mexican-Carry" or use a Clip-Draw on my belt if I have an LTC in the State of Texas? I call b*******.

 

[toddnjoyce]

So I cannot legally "Mexican-Carry" or use a Clip-Draw on my belt if I have an LTC in the State of Texas? I call b*******.

Holster is undefined, so a clip draw or other very minimalist holster is perfectly fine.

Unholstered appendix carry or pocket carry by a license holder appears to be lawful right up to the point any part of it becomes partially or wholly visible for any reason.

Like I said, the LEO was a little incorrect as well.

 

[Darkpriest667]

No, it's not. Its really dumb to pocket carry outside of a pocket holster, but it's not illegal.

That trooper is not a lawyer or a judge. No police officer is.

 

[nickgibson72]

If it's concealed, you are good to go. If it's visible, it needs to be holstered.

 

[Sasquatch]

Cop seems like he was fishing and trying to find something more than speeding to write on or maybe get an arrest for. Hopefully he brushes up on his carry laws. Its asinine to think you can't carry a cased gun "unless its brand new" or that they have to be holstered. Never heard of such nonsense. In some states quite the opposite is true - guns not carried on your person are supposed to be unloaded and secured while being transported.

 

[Glenn B]

Some in TX law enforcement are probaly quite upset about permitless carry in Texas. My bet is they are going to try to screw people because they are pissed off that the Constitution was given more credence than their desire for gun control.

 

[Mowingmaniac 24/7]

Why volunteer such information?

In the future when carrying if LEO doesn't ask...you don't tell.

 

[SickSilverado]

It was completely concealed. It wasn't being carried for self defense(unloaded), that's why I didn't use the pocket holsters we have. None of the guns had holsters except my EDC. I agree, not a smart move to pocket carry with no holster.

 

[skfullgun]

I have several close relatives who are LEO. Some are good people. Some are arseholes.

 

[SickSilverado]

Why volunteer such information?

In the future when carrying if LEO doesn't ask...you don't tell.

I thought we had a duty to notify? Plus I had several other guns that he was sure to notice if he did a DOT inspection on the rig(which is what I thought was gonna happen).

 

[Sasquatch]

I thought we had a duty to notify? Plus I had several other guns that he was sure to notice if he did a DOT inspection on the rig(which is what I thought was gonna happen).

DOT inspection? You were rolling in a work truck or semi?

 

[SickSilverado]

Semi. My boss supports my gun business and allows me to do demos and testing whenever and wherever I can. You'd be surprised how many sales I've initiated while delivering rocks/dirt.

 

[rotor]

It is frightening that such ill informed LEO are out there. It is perfectly legal to pocket carry without a holster although not the smartest with an automatic. Revolvers are frequently carried concealed and unholstered. If it's concealed it doesn't need a holster. If it's open it needs a holster but it does not have to be on your body. I hope you got this guys badge number and name and I would report him to his superior. On a footnote, in my area of the state there has been a LEO impersonator stopping cars so perhaps this was one of those psychos. Impersonating a LEO is a felony.
The shoulder /belt holster has been changed to just holster for open and visible. You can have a magnetic holster in your car and put the gun in that and you are legal.

 

[Texasjack]

You don't have to look very hard to find videos of LEOs that don't understand Constitutional rights or even state laws. It's an amazing thing, but it happens. You also don't have to look far to find truck drivers that can't back up without running over something. Idiots are (probably) a tiny minority in any group, but the things they screw up make them seem a lot bigger than you might expect. The thing that's REALLY aggravating in this story is the cop's attitude of "..you're about to get an education!.." Now that's a real asshat that you're dealing with - doesn't know but is by God gonna tell you how it is. All you can really do in that situation is be polite and keep all the information you can get to feed to his supervisor or (if necessary) to your attorney.

 

[Coyote9]

A good post either way, reminded me that not all LEOs are well informed and best to avoid gray areas I normally carry inside a vest pocket designed for firearm carry... now I'll sew or velcro in a holster even though it is concealed.

 

[toddnjoyce]

I thought we had a duty to notify? Plus I had several other guns that he was sure to notice if he did a DOT inspection on the rig(which is what I thought was gonna happen).

You do, but there is no longer a punishment if you don’t.