Open carry question

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cmgee67
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Open carry question

#1

Post by cmgee67 »

:patriot: when Jan 1 comes around and open carry is allowed if I am wearing my in the waist band holster and tuck my shirt behind the gun is that considered open? Or does it have to be outside the waistband. My in the waist band holster clips onto my belt so it's belt mounted. I doubt I'll ever open carry but if it do that's the way i want to. It makes my gun very secure and not out in the open. Thoughts???
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Glockster
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Re: Open carry question

#2

Post by Glockster »

cmgee67 wrote::patriot: when Jan 1 comes around and open carry is allowed if I am wearing my in the waist band holster and tuck my shirt behind the gun is that considered open? Or does it have to be outside the waistband. My in the waist band holster clips onto my belt so it's belt mounted. I doubt I'll ever open carry but if it do that's the way i want to. It makes my gun very secure and not out in the open. Thoughts???
Beginning January 1, 2016 if you have a CHL/ LTC, and have your handgun in either a bettor shoulder holster, it doesn't matter how much of your handgun is or is not visible. If it is CC, that is fine. If it's partially covered by a tucked back shirt, that is OC. And both are legal with your license. The jury is perhaps still out regarding whether or not someone may feel that your IWB holster doesn't meet the belt holster requirement, but my personal opinion is that it should.
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Glockster
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Re: Open carry question

#3

Post by Glockster »

Glockster wrote:
cmgee67 wrote::patriot: when Jan 1 comes around and open carry is allowed if I am wearing my in the waist band holster and tuck my shirt behind the gun is that considered open? Or does it have to be outside the waistband. My in the waist band holster clips onto my belt so it's belt mounted. I doubt I'll ever open carry but if it do that's the way i want to. It makes my gun very secure and not out in the open. Thoughts???
Beginning January 1, 2016 if you have a CHL/ LTC, and have your handgun in either a belt or shoulder holster, it doesn't matter how much of your handgun is or is not visible. If it is CC, that is fine. If it's partially covered by a tucked back shirt, that is OC. And both are legal with your license. The jury is perhaps still out regarding whether or not someone may feel that your IWB holster doesn't meet the belt holster requirement, but my personal opinion is that it should.
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My State Rep Hubert won't tell me his position on HB560. How about yours?

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cmgee67
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Re: Open carry question

#4

Post by cmgee67 »

My holster clips onto my belt and isn't going anywhere unless I move it. I thought that I had to be either completely open or completely concealed?
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goose
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Re: Open carry question

#5

Post by goose »

cmgee67 wrote:My holster clips onto my belt and isn't going anywhere unless I move it. I thought that I had to be either completely open or completely concealed?
In cases of 30.07 signs being posted, a person may be required to be concealed. I have not read of anything requiring complete openness.

Interested if others have read otherwise.
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goose
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Re: Open carry question

#6

Post by goose »

cmgee67 wrote:My holster clips onto my belt and isn't going anywhere unless I move it. I thought that I had to be either completely open or completely concealed?
In cases of 30.07 signs being posted, a person may be required to be concealed. I have not read of anything requiring complete openness.

Interested if others have read otherwise.
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Charlies.Contingency
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Re: Open carry question

#7

Post by Charlies.Contingency »

cmgee67 wrote:My holster clips onto my belt and isn't going anywhere unless I move it. I thought that I had to be either completely open or completely concealed?
Most holsters conceal the majority of the handgun. What does it matter where they already concealed part of the handgun is concealed at? I'm certain some LEO's somewhere might challenge somebody, but I'm certain that because legislature does not require a completely exposed handgun, and it does not talk about anything other than it being a shoulder holster, or belt holster. I'm certain it will be fine, but the unknowns should be worked out quickly after January.
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Re: Open carry question

#8

Post by oljames3 »

cmgee67 wrote::patriot: when Jan 1 comes around and open carry is allowed if I am wearing my in the waist band holster and tuck my shirt behind the gun is that considered open? Or does it have to be outside the waistband. My in the waist band holster clips onto my belt so it's belt mounted. I doubt I'll ever open carry but if it do that's the way i want to. It makes my gun very secure and not out in the open. Thoughts???
As I read the law, you are carrying openly in IWB when your pistol's grip is visible. This was my original plan for 1/1/16. However, while carrying openly in Tucson, AZ, last summer, a tourist asked me why I was not carrying in a holster.

Got me to thinking that a casual or uninformed observer might think the pistol was just stuck in my waistband and call 911.

So, on 1/1/16 I'll be using an OWB retention holster. I plan to CC in IWB at work and tuck my shirt behind my pistol as I leave. All else will be OWB.
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Re: Open carry question

#9

Post by The Wall »

oljames3 wrote:
cmgee67 wrote::patriot: w
As I read the law, you are carrying openly in IWB when your pistol's grip is visible. This was my original plan for 1/1/16. However, while carrying openly in Tucson, AZ, last summer, a tourist asked me why I was not carrying in a holster.

Got me to thinking that a casual or uninformed observer might think the pistol was just stuck in my waistband and call 911.

So, on 1/1/16 I'll be using an OWB retention holster. I plan to CC in IWB at work and tuck my shirt behind my pistol as I leave. All else will be OWB.
Where exactly in the law did you read this. Please give reference.

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Re: Open carry question

#10

Post by cmgee67 »

I still plan on doing it in my in the waist band holster but what law are your referring to

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Re: Open carry question

#11

Post by casp625 »

The Wall wrote:
oljames3 wrote:
cmgee67 wrote::patriot: w
As I read the law, you are carrying openly in IWB when your pistol's grip is visible. This was my original plan for 1/1/16. However, while carrying openly in Tucson, AZ, last summer, a tourist asked me why I was not carrying in a holster.

Got me to thinking that a casual or uninformed observer might think the pistol was just stuck in my waistband and call 911.

So, on 1/1/16 I'll be using an OWB retention holster. I plan to CC in IWB at work and tuck my shirt behind my pistol as I leave. All else will be OWB.
Where exactly in the law did you read this. Please give reference.
Here: http://www.legis.state.tx.us/tlodocs/84 ... 00910F.htm
SECTION 47. Section 46.035, Penal Code, is amended by
amending Subsections (a), (b), (c), (d), (g), (h), (i), and (j) and
adding Subsection (a-1) to read as follows:
(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
.
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Charlies.Contingency
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Re: Open carry question

#12

Post by Charlies.Contingency »

casp625 wrote:
The Wall wrote:
oljames3 wrote:
cmgee67 wrote::patriot: w
As I read the law, you are carrying openly in IWB when your pistol's grip is visible. This was my original plan for 1/1/16. However, while carrying openly in Tucson, AZ, last summer, a tourist asked me why I was not carrying in a holster.

Got me to thinking that a casual or uninformed observer might think the pistol was just stuck in my waistband and call 911.

So, on 1/1/16 I'll be using an OWB retention holster. I plan to CC in IWB at work and tuck my shirt behind my pistol as I leave. All else will be OWB.
Where exactly in the law did you read this. Please give reference.
Here: http://www.legis.state.tx.us/tlodocs/84 ... 00910F.htm
SECTION 47. Section 46.035, Penal Code, is amended by
amending Subsections (a), (b), (c), (d), (g), (h), (i), and (j) and
adding Subsection (a-1) to read as follows:
(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
.
It did not mention anything about the grip. It can still be open carry if you cannot see the grip. Openly is supposed to be considered as stated, fully or partially in view.
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Re: Open carry question

#13

Post by casp625 »

Oh god, "is-grip-showing-considered-open-carry" is turning into the new "is-iwb-holster-a-belt-holster" :roll:

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Re: Open carry question

#14

Post by NotRPB »

Flap Holster I'd say Open carried
holsterFlap.png
Military 92 Holster for beretta 92 ... with flap I'd say Open carried, but possibly not everyone would notice?
holster-olive-drab-14563.jpg
NOW ... I no longer know about ...
Wilderness Safepacker holster with flap
can be worn on Belt or with Shoulder strap with the same Beretta/Taurus 92 as the others
I always considered it "concealed" but not sure now ... if a place has a 30.06 but no 30.07 sign ...
is it "open carried on belt or shoulder" AND has a FLAP like
the two others above (as a retention device for level 2 retention? OR is it "concealed" solely because of the more square shape of the holster and flap as opposed to the more traditional shape of the other two holsters and flaps?

I wonder if I open carried with it in Walmart once, thinking I was concealed carrying...
Seems like it should fit open carry requirements now though, open carried on a belt or shoulder holster with a flap as a retention device, a level 2 retention holster with a FLAP acting as a REALLY WIDE RETENTION STRAP lol? ... when there's a 30.06 but no 30.07 sign?

I like wearing as a belt holster, it's VERY secure that way.... Wondering ...Does the shoulder strap make it a "shoulder holster?"
http://www.thewilderness.com/utility-ba ... strap-1.5/

I own one, and I'm not a lawyer and clueless if that is a concealed or an open carry holster now.
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Charlies.Contingency
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Re: Open carry question

#15

Post by Charlies.Contingency »

NotRPB wrote:Flap Holster I'd say Open carried
holsterFlap.png
Military 92 Holster for beretta 92 ... with flap I'd say Open carried, but possibly not everyone would notice?
holster-olive-drab-14563.jpg
NOW ... I no longer know about ...
Wilderness Safepacker holster with flap
can be worn on Belt or with Shoulder strap with the same Beretta/Taurus 92 as the others
I always considered it "concealed" but not sure now ... if a place has a 30.06 but no 30.07 sign ...
is it "open carried on belt or shoulder" AND has a FLAP like
the two others above (as a retention device for level 2 retention? OR is it "concealed" solely because of the more square shape of the holster and flap as opposed to the more traditional shape of the other two holsters and flaps?

I wonder if I open carried with it in Walmart once, thinking I was concealed carrying...
Seems like it should fit open carry requirements now though, open carried on a belt or shoulder holster with a flap as a retention device, a level 2 retention holster with a FLAP acting as a REALLY WIDE RETENTION STRAP lol? ... when there's a 30.06 but no 30.07 sign?

I like wearing as a belt holster, it's VERY secure that way.... Wondering ...Does the shoulder strap make it a "shoulder holster?"
http://www.thewilderness.com/utility-ba ... strap-1.5/

I own one, and I'm not a lawyer and clueless if that is a concealed or an open carry holster now.
I thought it was pretty clear that the holster has nothing to do with it being "open carry." Yes a holster must meet certain requirements to legally open carry with, but as long as the firearm itself, or a portion of it can be seen, then it is considered "open" as it can be seen. If it cannot be seen, it is concealed. If you put on a flap holster like a Calvary Officers holster, and the handgun cannot be seen, it is concealed. Same concept of carrying a rifle in a case. Just because you know it's a rifle case, doesn't make it open carry of a rifle. If the rifle is seen, it is "open."

Did I clarify that any? Please add more to this if needed.
Sent from Iphone: Please IGNORE any grammatical or spelling errors.
ALL of my statements are to be considered opinionated and not factual.
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