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Flightmare wrote: Tue May 19, 2020 2:40 pm

jmorris wrote: Tue May 19, 2020 2:28 pm This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.

What if the holster on the car seat was attached to a belt, would it be legal then?

jmorris wrote: Tue May 19, 2020 2:28 pm

strogg wrote: Tue May 19, 2020 12:07 pm IWB/open is exactly how I've been carrying this past week, including this morning when I was running errands.

IANAL, but this is how I interpret the laws: as long as the holster is a shoulder or belt holster (regardless of design), it is fine to use. Open carrying with a belly band, pocket holster, or ankle holster is not fine because the letter of the law does not have an exception to these methods of carry. For those wondering about open carrying in a pocket holster, imagine carrying a large pocket pistol (eg LC9s, P365, etc) in a pocket holster designed for jeans pockets that are bigger than the ones you have. It is perfectly safe and well retained for carry, but the grip is very much sticking out of your pocket.

The only type of holster I can think of in a gray area is a drop leg holster. Technically, your belt is a critical attachment point, but does it really qualify as a belt holster if it also has critical attachment points to the leg.

During my instructor class, 2016, the DPS instructor stated that a belt holster is one directly attached to a belt so a drop leg holster doesn't qualify. A drink cup held onto you by a belt of masking tape does. Yes, he had one on while stating that.

So, for the OP, if the clip is on the belt it appears to qualify. Take the belt off so there's only the waistband holding it and it's not valid.

The point seemed to be that being designed to be used on a belt doesn't make it a belt holster, being on a belt does. This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.

Don't know if they're still stating this. Recent grads chime in here.

Flightmare wrote: Tue May 19, 2020 2:40 pm

jmorris wrote: Tue May 19, 2020 2:28 pm This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.

What if the holster on the car seat was attached to a belt, would it be legal then?

Tex1961 wrote: Tue May 19, 2020 2:46 pm

Flightmare wrote: Tue May 19, 2020 2:40 pm

jmorris wrote: Tue May 19, 2020 2:28 pm This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.

What if the holster on the car seat was attached to a belt, would it be legal then?

LOL... Good one....

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.

Texas Penal Code Sec. 46.035 wrote:
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.

jmorris wrote: Tue May 19, 2020 4:28 pm

Flightmare wrote: Tue May 19, 2020 2:40 pm

jmorris wrote: Tue May 19, 2020 2:28 pm This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.

What if the holster on the car seat was attached to a belt, would it be legal then?

You'd have to ask them. I will note that they stated this had been run by the Attorney General's office.

Medic218 wrote: Sat May 23, 2020 11:03 am

jmorris wrote: Tue May 19, 2020 4:28 pm

Flightmare wrote: Tue May 19, 2020 2:40 pm

jmorris wrote: Tue May 19, 2020 2:28 pm This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.

What if the holster on the car seat was attached to a belt, would it be legal then?

You'd have to ask them. I will note that they stated this had been run by the Attorney General's office.

Looks good to me!!

NotRPB wrote: Sat May 23, 2020 9:46 pm

Medic218 wrote: Sat May 23, 2020 11:03 am

jmorris wrote: Tue May 19, 2020 4:28 pm

Flightmare wrote: Tue May 19, 2020 2:40 pm

jmorris wrote: Tue May 19, 2020 2:28 pm This is also why they said a handgun in a holster laying on a car seat is not legal. It's not in a belt holster cause the holster is not attached to a belt.

What if the holster on the car seat was attached to a belt, would it be legal then?

You'd have to ask them. I will note that they stated this had been run by the Attorney General's office.

Looks good to me!!

That looks like a belt holster it's on the seat belt, had it been on the shoulder strap, it'd be a shoulder holster
I still think they need to add bra holsters to open carry in swimsuit tops while at the beach/pool or while in the car coming from either.
BUT come to think of it ... aren't bra holsters technically shoulder holsters?
That may even create a market to manufacture the Holster Seinfeld Bro ... Manbra

jb2012 wrote: Mon May 25, 2020 12:44 pm Just curious here, but why open carry iwb? Personally I conceal 24/7, and have been known to carry iwb/owb. I felt that the purpose of an iwb holster, was to conceal the weapon better, at the expense of being generally more uncomfortable than an owb holster.

strogg wrote: Mon May 25, 2020 1:48 pm

jb2012 wrote: Mon May 25, 2020 12:44 pm Just curious here, but why open carry iwb? Personally I conceal 24/7, and have been known to carry iwb/owb. I felt that the purpose of an iwb holster, was to conceal the weapon better, at the expense of being generally more uncomfortable than an owb holster.

I personally do it so I don't bang the gun on walls, door frames, seat belt buckles, etc. It happens a lot when I OWB carry. It's just far more manageable to maneuver IWB..

LDP wrote: Mon Jun 01, 2020 5:16 pm

Flightmare wrote: Tue May 19, 2020 2:40 pm What if the holster on the car seat was attached to a belt, would it be legal then?

The law states no requirement for a belt to be present.
But he handgun must be carried on the licensed person.

So you could have your handgun in a belt holster tied around your neck with twine and you would be a-ok by the current law. Yay, lawmakers, right?

I'd like to see that court discussion.