Spare magazine owb at posted business

[gamboolman]

Can you carry spare magazine(s) owb at posted business in texas
Thanks, gamboolman

[puma guy]

You don't specify what type of posting. That being said I am not a lawyer nor a legal scholar, but I would say it's legal to do so, since there's no language I know of addressing magazines. If the posting prohibits carry under all PC's I would think to do so would just draw unwanted attention.

[gamboolman]

Thank you for the prompt reply.
It is 30:07
I normally take my spare mag out of the OWB carrier when going into a posted business
I just forgot this time
And they asked me to take it to the truck

[Jose_in_Dallas]

Not clear on the question. Just the magazine itself OWB? Or in conjunction with a firearm?

[gamboolman]

Just the magazine
I had left my pistol in the truck

[Tex1961]

The state of Texas defines a firearm as any device made or adapted to expel a projectile through the use of a burning or explosive substance. A 30.07 restricts carrying a firearm by a license holder openly. A magazine holder is no a firearm so no, in my opinion carrying a magazine holder past a 30.07 does not violate penal code 30.07.

[Jose_in_Dallas]

Just the magazine
I had left my pistol in the truck

The state of Texas defines a firearm as any device made or adapted to expel a projectile through the use of a burning or explosive substance. A 30.07 restricts carrying a firearm by a license holder openly. A magazine holder is no a firearm so no, in my opinion carrying a magazine holder past a 30.07 does not violate penal code 30.07.

I've never really read how the state defines that but it makes sense that an exposed magazine would not be an issue. Probably not smart though, if you are going to remove the firearm, you remove the magazine as well. And whenever I've worn OWB, I always have a cover garment over it unless I'm taking a class that require a tucked in shirt. Another reason why I don't care for "open carry". I'd rather not expose myself to the public and possible risk from either harassment (people making comments about me carrying) or possible theft.

[Tex1961]

Just the magazine
I had left my pistol in the truck

The state of Texas defines a firearm as any device made or adapted to expel a projectile through the use of a burning or explosive substance. A 30.07 restricts carrying a firearm by a license holder openly. A magazine holder is no a firearm so no, in my opinion carrying a magazine holder past a 30.07 does not violate penal code 30.07.

I've never really read how the state defines that but it makes sense that an exposed magazine would not be an issue. Probably not smart though, if you are going to remove the firearm, you remove the magazine as well. And whenever I've worn OWB, I always have a cover garment over it unless I'm taking a class that require a tucked in shirt. Another reason why I don't care for "open carry". I'd rather not expose myself to the public and possible risk from either harassment (people making comments about me carrying) or possible theft.

https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

[chasfm11]

I've never really read how the state defines that but it makes sense that an exposed magazine would not be an issue. Probably not smart though, if you are going to remove the firearm, you remove the magazine as well. And whenever I've worn OWB, I always have a cover garment over it unless I'm taking a class that require a tucked in shirt. Another reason why I don't care for "open carry". I'd rather not expose myself to the public and possible risk from either harassment (people making comments about me carrying) or possible theft.

We are in an extra-legal environment where "people" make things up as they go and don't care about written laws. I carried an NRA logo bag into my gym (which is 30.06 posted) and was confronted by a Karen who was nothing more than a fellow gym member. I personally see nothing to be gained by arguing with store personnel over whether or not a spare magazine is a prohibited item. In today's world , the nuances of "trespass" might be whatever the local district attorney wants them to be and I don't want to risk the financial burden of trying to prove him/her wrong. In public or in a for sure gun friendly store, I still might OC but otherwise, I have cover garments and use them Five years ago, I might have said that people are oblivious to something like a mag carrier on a belt. Today, there are more than a few people who are just looking for a reason to pick a fight. I am not afraid to take them on but am going to pick the hills that I want to die on, not let someone else do the picking for me.

[RoyGBiv]

Both 30.06 and 30.07 refer to "Handgun".
A "magazine" is not a "handgun".

My opinion... not legal advice...
It is not a violation of 30.0x to carry a magazine into a posted place.
That said, if you are asked to leave for any reason, including because the person in charge doesn't like your "magazine" and you refuse to leave, then, you are "trespassing".

Again.. just my OPINION. Worth what you paid for it.

[Tex1961]

Both 30.06 and 30.07 refer to "Handgun".
A "magazine" is not a "handgun".

My opinion... not legal advice...
It is not a violation of 30.0x to carry a magazine into a posted place.
That said, if you are asked to leave for any reason, including because the person in charge doesn't like your "magazine" and you refuse to leave, then, you are "trespassing".

Again.. just my OPINION. Worth what you paid for it.

Yup... I agree... And I'm very happy to give my business to someone else.. I've had one jewelry store lose around $800.00 because they posted 30.06.. I was very happy to just go across the street and give my business to another grateful small business owner....

[gamboolman]

Thank you all for the replies and information.

[carlson1]

I have one doctor that has the whole PC posted. Although I have a safe in both my vehicles I never leave my gun and mags together. I carry my mags in my pocket inside and leave the gun kicked in the safe.

[C-dub]

Both 30.06 and 30.07 refer to "Handgun".
A "magazine" is not a "handgun".

My opinion... not legal advice...
It is not a violation of 30.0x to carry a magazine into a posted place.
That said, if you are asked to leave for any reason, including because the person in charge doesn't like your "magazine" and you refuse to leave, then, you are "trespassing".

Again.. just my OPINION. Worth what you paid for it.

That is where I was going to go with this. I'm glad I read through and discovered you had already covered it for me. Although it doesn't seem to be illegal or spelled out in any statute, the fact that they asked someone to leave an item outside or to just leave due to an item means that if refused could mean a trespass notification if it got to that level. We've talked about things like this here before. If a business wants to prohibit red shirts they can, right? It seems kinda stupid and pointless, but there you go.

[ScottDLS]

The state of Texas defines a firearm as any device made or adapted to expel a projectile through the use of a burning or explosive substance. A 30.07 restricts carrying a firearm by a license holder openly. A magazine holder is no a firearm so no, in my opinion carrying a magazine holder past a 30.07 does not violate penal code 30.07.

Technically not a firearm, but a handgun.

Sec. 46.01. DEFINITIONS. In this chapter:
...
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.