So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?
Looking at the law I'm thinking that yes, it would be legal.
Legal, but stupid.
[1]I swear, heavy drinking has not been involved.
Pocket holster and open carry
Moderator: carlson1
-
Topic author - Senior Member
- Posts in topic: 2
- Posts: 1531
- Joined: Sat Mar 08, 2008 4:41 pm
- Location: La Vernia
- Contact:
Pocket holster and open carry
Jay E Morris,
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime
NRA Recruiter (link)
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime
NRA Recruiter (link)
-
- Senior Member
- Posts in topic: 1
- Posts: 5350
- Joined: Sat Jun 14, 2014 1:21 pm
- Location: Elgin, Texas
- Contact:
Re: Pocket holster and open carry
Texas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htmjmorris wrote: ↑Sat Oct 23, 2021 2:03 pm So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?
Looking at the law I'm thinking that yes, it would be legal.
Legal, but stupid.
[1]I swear, heavy drinking has not been involved.
Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.(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.
O. Lee James, III Captain, US Army (Retired 2012), Honorable Order of St. Barbara
2/19FA, 1st Cavalry Division 73-78; 56FA BDE (Pershing) 78-81
NRA, NRA Basic Pistol Shooting Instructor, Rangemaster Certified, GOA, TSRA, NAR L1
2/19FA, 1st Cavalry Division 73-78; 56FA BDE (Pershing) 78-81
NRA, NRA Basic Pistol Shooting Instructor, Rangemaster Certified, GOA, TSRA, NAR L1
-
- Senior Member
- Posts in topic: 2
- Posts: 2273
- Joined: Mon Mar 23, 2009 9:53 pm
- Location: North East Texas
Re: Pocket holster and open carry
how or what about carrying it in your pocket completely concealed, but not in a holster?oljames3 wrote: ↑Sat Oct 23, 2021 2:30 pmTexas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htmjmorris wrote: ↑Sat Oct 23, 2021 2:03 pm So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?
Looking at the law I'm thinking that yes, it would be legal.
Legal, but stupid.
[1]I swear, heavy drinking has not been involved.Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.(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.
Proud to have served for over 22 Years in the U.S. Navy Certificated FAA A&P technician since 1996
Re: Pocket holster and open carry
Fully Concealed without a holster is legal.powerboatr wrote: ↑Sat Oct 23, 2021 3:27 pmhow or what about carrying it in your pocket completely concealed, but not in a holster?oljames3 wrote: ↑Sat Oct 23, 2021 2:30 pmTexas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htmjmorris wrote: ↑Sat Oct 23, 2021 2:03 pm So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?
Looking at the law I'm thinking that yes, it would be legal.
Legal, but stupid.
[1]I swear, heavy drinking has not been involved.Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.(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.
But to chime in on the OP’s question, my personal opinion is no, not legal. And I also agree, probably stupid. I’d just tell my students that while I’m not a lawyer, why push that boundary. And ask if they think it’s worth any legal hassles.
-
- Senior Member
- Posts in topic: 1
- Posts: 3088
- Joined: Wed Mar 09, 2016 7:00 pm
- Location: Plano, TX
Re: Pocket holster and open carry
I was pocket carrying while riding my bicycle earlier this week. My P365 usually rides in my front right hand pocket. About 6 miles into the ride, I noticed that the bottom of the grip had actually ripped thru the side of the pocket and was protruding about an inch thru the rip. I transferred the pistol from my right pocket to my left and continued the ride. That being said, it was kept in a Desantis Nemesis holster. In my opinion, this meets the legal requirement of being in a "holster", even though it is kept in a pocket. I'm no lawyer though.
https://www.desantisholster.com/the-nemesis/
https://www.desantisholster.com/the-nemesis/
Deplorable lunatic since 2016
-
Topic author - Senior Member
- Posts in topic: 2
- Posts: 1531
- Joined: Sat Mar 08, 2008 4:41 pm
- Location: La Vernia
- Contact:
Re: Pocket holster and open carry
Yes, that is the statute I'm looking at. Should have quoted it. The pistol is partially visible AND in a holster so it is legal.oljames3 wrote: ↑Sat Oct 23, 2021 2:30 pmTexas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htmjmorris wrote: ↑Sat Oct 23, 2021 2:03 pm So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?
Looking at the law I'm thinking that yes, it would be legal.
Legal, but stupid.
[1]I swear, heavy drinking has not been involved.Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.(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.
The stupid part would just be expressed in my head.
Jay E Morris,
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime
NRA Recruiter (link)
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime
NRA Recruiter (link)
-
- Senior Member
- Posts in topic: 2
- Posts: 2273
- Joined: Mon Mar 23, 2009 9:53 pm
- Location: North East Texas
Re: Pocket holster and open carry
i often carry my 380 bersa in a nice vega holster, in my pocket because its so easy to grab getting in and out of the truck.Tex1961 wrote: ↑Sat Oct 23, 2021 5:35 pmFully Concealed without a holster is legal.powerboatr wrote: ↑Sat Oct 23, 2021 3:27 pmhow or what about carrying it in your pocket completely concealed, but not in a holster?oljames3 wrote: ↑Sat Oct 23, 2021 2:30 pmTexas Penal Code 46.02(a-5) answers your question. https://statutes.capitol.texas.gov/Docs ... /PE.46.htmjmorris wrote: ↑Sat Oct 23, 2021 2:03 pm So I'm trying to think about questions I might get from students with the new laws[1]. One that popped into my head[1] is, would a pistol in a pocket holster but with the grip outside of the pocket, not covered by a shirt, be legal open carry?
Looking at the law I'm thinking that yes, it would be legal.
Legal, but stupid.
[1]I swear, heavy drinking has not been involved.Characterizing the actions or choices of another, especially in an educational setting, strikes me as less than optimal. Except for carrying in a SERPA and Farnam's Rules, of course.(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.
But to chime in on the OP’s question, my personal opinion is no, not legal. And I also agree, probably stupid. I’d just tell my students that while I’m not a lawyer, why push that boundary. And ask if they think it’s worth any legal hassles.
i slip it in when i get out , then put it in my side console once i get back in truck
Proud to have served for over 22 Years in the U.S. Navy Certificated FAA A&P technician since 1996
-
- Senior Member
- Posts in topic: 1
- Posts: 689
- Joined: Wed Jul 16, 2014 11:31 am
Re: Pocket holster and open carry
While not something I would do, what statute do you base that opinion on?Tex1961 wrote: ↑Sat Oct 23, 2021 5:35 pm Fully Concealed without a holster is legal.
But to chime in on the OP’s question, my personal opinion is no, not legal. And I also agree, probably stupid. I’d just tell my students that while I’m not a lawyer, why push that boundary. And ask if they think it’s worth any legal hassles.