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  • toddnjoyce

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    Doesn't the Law specify a belt or shoulder holster for open cary or did they fix that while I was asleep?

    Sent from my SM-S906U using Tapatalk

    HB1927 removed most instances of belt or shoulder holster that applied to LTC holders. MPA only specified the firearm not be in plain view. All that got realigned under 46.02.

    ETA: I think I addressed the disconnect about holstered plain view when I wrote the summaries of HB1927 back in Dec 2020, IIRC. I’ll try to dig up the thread.
     

    Texan79423

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    Thanks Todd,
    As I understand it, but did not pick up in print is regardless of LTC or not when traveling by car the handgun just needs to be out of sight., in console, door pocket, glove box, or covered on seat, under seat, just not easily visible to a person outside of car.

    The requirement to be holstered just means if you have handgun on your body.

    I saw a youtube video where this "expert tubber" says the handgun in a car has to be in a holster and can be visible when not carried on your body. I guess he mistakenly assumes same as stated for a carried handgun.
     

    rotor

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    Thanks Todd,
    As I understand it, but did not pick up in print is regardless of LTC or not when traveling by car the handgun just needs to be out of sight., in console, door pocket, glove box, or covered on seat, under seat, just not easily visible to a person outside of car.

    The requirement to be holstered just means if you have handgun on your body.

    I saw a youtube video where this "expert tubber" says the handgun in a car has to be in a holster and can be visible when not carried on your body. I guess he mistakenly assumes same as stated for a carried handgun.
    Not correct. This is covered many times. Read previous comments.
     

    TexasRedneck

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    Thanks Todd,
    As I understand it, but did not pick up in print is regardless of LTC or not when traveling by car the handgun just needs to be out of sight., in console, door pocket, glove box, or covered on seat, under seat, just not easily visible to a person outside of car.

    The requirement to be holstered just means if you have handgun on your body.

    I saw a youtube video where this "expert tubber" says the handgun in a car has to be in a holster and can be visible when not carried on your body. I guess he mistakenly assumes same as stated for a carried handgun.

    You understand wrong, put simply.
     

    Texan79423

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    Easy rider, Thank you Sir that is exactly what I needed to see. The law in print or the question answered in print. I could not find the answer in the written law but the FAQ did answer the question.

    If I can read it for myself I am not betting my future on the internet. THANK again
     

    toddnjoyce

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    Thanks Todd,
    As I understand it, but did not pick up in print is regardless of LTC or not when traveling by car the handgun just needs to be out of sight., in console, door pocket, glove box, or covered on seat, under seat, just not easily visible to a person outside of car.

    The requirement to be holstered just means if you have handgun on your body.

    I saw a youtube video where this "expert tubber" says the handgun in a car has to be in a holster and can be visible when not carried on your body. I guess he mistakenly assumes same as stated for a carried handgun.
    Let's read the what the code says.
    TPC 46.02
    (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.​

    The basic statute is pretty clear to me; it's an offense intentionally, knowingly, or recklessly carry on or about their body a handgun in a motor vehicle AND the following conditions occur
    1. The handgun is in plain view EXCEPT if you're 21 or older OR Licensed To Carry
    AND​
    the handgun is carried in a holster.​
    Reading statutes for applicability sucks because of how laws are written, but my plain language interpretation says that if you can lawfully possess a firearm AND are 21 years of age or older OR have an LTC, then you may carry on or about your person a handgun in your vehicle. IF any part of the handgun is in plain view, THEN it must be in a holster. Please don't ready anything else into it. For example, the law is silent about concealed carry on or about your person, so if it's in the center console and nobody can see inside that center console, it does not need to be in a holster. Let's also not go into things like AOWs, rifles, or shotguns because this statute doesn't address anything other than a handgun.
     

    billtool

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    Shameless plug for TSRA....if y'all sign up for @AndiTurner's podcasts and subscribe to her emails, she's good about discussing current and proposed gun legislation. And if you're a member of TSRA, they're good about highlighting new/proposed gun-related laws in their magazine.
    Big fan of TSRA and Andi. Just donated to the PAC as Andi dropped a note that said TSRA needed help.
     

    Grumps21

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    Meh - I've had my share of encounters with the Rambo-mentality types. I keep my cool and go with the flow. You aren't gonna win on the side of the road - push come to shove, hook me up and take me in - I'll happily own your ass in court. I will generally (politely) ask them to bring in a supervisor. While they're under NO legal obligation to do so, they've always done it, and I've gotten to enjoy some world-class ass chewings of subordinate officers when the supervisor gets there. There's been a couple where I could have pursued formal complaints against the cop, but fortunately their response to the dressing down was such that I could see that the point had been made. I ain't out to ruin their career, but I ain't going to be their punching bag, either.
    Damn, how often do you get pulled over?
     

    Texan79423

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    Todd. Thanks.
    I have read 46.02 but overlooked the "on or about" your person. I thought it meant if open carrying "on your person" and in a car the gun must be holstered, same as out of car.

    I am not into open carry or travel with a gun out in the open either.
     
    Every Day Man
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