Another vehicle question

Gun, shooting and equipment discussions unrelated to CHL issues

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tbrown
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Re: Another vehicle question

Postby tbrown » Sun Sep 24, 2017 6:46 pm

Mike S wrote:However, when carrying under the LTC it must either be concealed, or if visible carried in a belt or shoulder holster (presumably the Lege's intent was worn on you, not carried in a holster in your hand...). There's no exception listed for temporarily disarming/re-arming, etc.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, 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 shoulder or belt holster by the license holder.

I think the part you highlighted is the key. If I'm unholstering or reholstering inside my vehicle, and the gun stays below the window line, I think a reasonable man would agree I'm not intentionally displaying the handgun. This is not legal advice but I certainly don't worry about being charged with a crime. I'm much more concerned about somebody seeing me unholster and breaking into my vehicle after I leave.
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