This is one of a series of threads to help educate Texans on the ins and outs of legally carrying a handgun without a Texas License to Carry.
The Texas Permitless Carry Act (HB 1927, 87th Regular Session) makes changes to Texas Penal Code 46.02 that will enable an eligible person to carry a handgun on or about his or her person without an LTC. Another thread discusses eligibility, this thread is for the ‘how’. There will be another thread on the ‘where’, but that part of HB1927 is a real mess as far as getting all the changes made to the various codes and then making sense of it.
Fortunately, the code changes for method of carry are mostly straight forward. TPC 46.02 UNLAWFUL CARRYING WEAPONS will start off very, very vague, simply stating “carry on or about his or her person”. Seems straightforward, right? Not so fast. A little further in, TPC 46.02 gets real specific:
What this means is that if you are armed and, in a vehicle or watercraft AND any part of the handgun is visible to anyone, then the handgun has to be in a holster. The question that comes to mind is does that holster have to be on your person or can it be in a holster that is attached to the car? Truthfully, I do not know. Clear as mud.
Let’s move on to see what else the code will say. A new sub-section, (a-5) is added that does provide some more clarity. This sub-section is NOT limited to when you are in a vehicle or watercraft.
Again, this section deals with plain view of any part of the handgun, and anyone can see it. The LTC world refers to this as open carry, and what it says is that if somebody else can see any part of your handgun, it has to be in a holster. The code does not specify belt holster, shoulder holster, ankle holster, purse holster, thigh holster, bra holster, retention holster, etc. It clearly is silent other than being in a holster of some type. I think that just abut covers it for plain view/open carry, so in summary if somebody else can see part or all of your handgun, it’s got to be in a holster.
Strangely enough, a method for concealed carry isn’t really addressed for those exercising their right to carry without a permit. If nobody else can see it, then method appears to be your choice. Remember TPC 46.02 says on or about a person, so bags/purses/fanny packs, appear to be fair game. But not in your baby’s diaper…the kiddo isn’t 21 years of age. If you so choose to carry off-body, make sure that whatever that off-body method is fully conceals the handgun, AND remains in your control.
Method of Carry
THE BILL WILL NOT BE EFFECTIVE LAW UNTIL SEPTEMBER 1, 2021
THE BILL WILL NOT BE EFFECTIVE LAW UNTIL SEPTEMBER 1, 2021
The Texas Permitless Carry Act (HB 1927, 87th Regular Session) makes changes to Texas Penal Code 46.02 that will enable an eligible person to carry a handgun on or about his or her person without an LTC. Another thread discusses eligibility, this thread is for the ‘how’. There will be another thread on the ‘where’, but that part of HB1927 is a real mess as far as getting all the changes made to the various codes and then making sense of it.
Fortunately, the code changes for method of carry are mostly straight forward. TPC 46.02 UNLAWFUL CARRYING WEAPONS will start off very, very vague, simply stating “carry on or about his or her person”. Seems straightforward, right? Not so fast. A little further in, TPC 46.02 gets real specific:
(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:
- 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
- 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
What this means is that if you are armed and, in a vehicle or watercraft AND any part of the handgun is visible to anyone, then the handgun has to be in a holster. The question that comes to mind is does that holster have to be on your person or can it be in a holster that is attached to the car? Truthfully, I do not know. Clear as mud.
Let’s move on to see what else the code will say. A new sub-section, (a-5) is added that does provide some more clarity. This sub-section is NOT limited to when you are in a vehicle or watercraft.
(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.
Again, this section deals with plain view of any part of the handgun, and anyone can see it. The LTC world refers to this as open carry, and what it says is that if somebody else can see any part of your handgun, it has to be in a holster. The code does not specify belt holster, shoulder holster, ankle holster, purse holster, thigh holster, bra holster, retention holster, etc. It clearly is silent other than being in a holster of some type. I think that just abut covers it for plain view/open carry, so in summary if somebody else can see part or all of your handgun, it’s got to be in a holster.
Strangely enough, a method for concealed carry isn’t really addressed for those exercising their right to carry without a permit. If nobody else can see it, then method appears to be your choice. Remember TPC 46.02 says on or about a person, so bags/purses/fanny packs, appear to be fair game. But not in your baby’s diaper…the kiddo isn’t 21 years of age. If you so choose to carry off-body, make sure that whatever that off-body method is fully conceals the handgun, AND remains in your control.
