TexasCHLforum.com

Would this be considered a shoulder holster and thus be legal for open carry?
http://imgur.com/a/RxvWo2i

As far as I know, the law has never defined a shoulder holster. But that looks more like a belt holster with a Tek-Lok attachment that’s been put on a backpack shoulder strap. I think it’s going to take case law to determine what is, and what is not, a shoulder holster.

I would say that it is not. As Jusme pointed out, it is just a holster attached to a backpack shoulder strap. I heard what I just wrote. Now I don't know!

C-dub wrote: Fri Jun 19, 2020 8:47 am I would say that it is not. As Jusme pointed out, it is just a holster attached to a backpack shoulder strap. I heard what I just wrote. Now I don't know!

And that's where question it. For more clarification, that holster is AlienGear's shape shift so is designed to be used in multiple configurations. I'm just trying to work out how I want to carry whilst out on my rucks. Currently I am just carrying appendix in a sticky holster which works fine but I don't trust it not to slip down into my skivies if I decide to jog a little. Maybe just need to invest in an actual appendix rig.

We must each decide for ourselves which risks we are willing to manage and which benefits matter most to us. Except for those for whom I am responsible, I do not care what or how anyone carries.

I carry my S&W M&P9 M2.0 5" openly in a Safariland 7TS ALS, with Guard, at 3 on my Nexbelt Titan. This works best for me. My plan is to stay well within the boundaries of the law so that my attorney can easily defend my actions. Having decided to manage the risks of carrying, I put in place controls to mitigate the risks to an acceptable level. As attorney Andrew Branca says, "You carry a gun so you’re hard to kill. Know the law so you’re hard to convict."

In my opinion, the OP's picture shows a holster supported by straps on a person's shoulders; a shoulder holster. Texas Penal Code Chapter 46 does not define "shoulder or belt holster." That is a good thing. The legislative definition would likely be unintelligible. https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

I could attach my 7TS ALS to shoulder straps, as in the OP's picture, and my pistol would not fall out. I think my attorney could easily defend my carrying in such a manner. However, carrying in such a manner would not work best for me, so I don't.

It is not my opinion that matters. The law means what the judge says it means and what the jury decides it means. I am not aware of any applicable court decisions or jury instructions in this matter. If it ever bothers me enough, I will call TX-Law Shield and ask a Texas criminal defense attorney. 1-877-448-6839

I feel it is also important to understand that we carry openly as "an exception to the application" of the law (TPC 46.035). TPC 2.02 defines this exception. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.2.htm
"Sec. 2.02. EXCEPTION. (a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ."
(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.
(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code."

Note TPC 2.02. (b). The prosecuting attorney has to "negate" and "prove." I would prefer to not be in a situation in which the prosecuting attorney has the opportunity to negate or prove anything about my actions.

Be safe and carry.

kayt00 wrote: Fri Jun 19, 2020 10:10 am

C-dub wrote: Fri Jun 19, 2020 8:47 am I would say that it is not. As Jusme pointed out, it is just a holster attached to a backpack shoulder strap. I heard what I just wrote. Now I don't know!

And that's where question it. For more clarification, that holster is AlienGear's shape shift so is designed to be used in multiple configurations. I'm just trying to work out how I want to carry whilst out on my rucks. Currently I am just carrying appendix in a sticky holster which works fine but I don't trust it not to slip down into my skivies if I decide to jog a little. Maybe just need to invest in an actual appendix rig.

Have you looked at gunfighter gear? They make a Kenai chest holster specifically for carrying with a backpack but it stays on body after you take off your pack

https://gunfightersinc.com/kenai-chest-holster/

kayt00 wrote: Fri Jun 19, 2020 10:10 am

C-dub wrote: Fri Jun 19, 2020 8:47 am I would say that it is not. As Jusme pointed out, it is just a holster attached to a backpack shoulder strap. I heard what I just wrote. Now I don't know!

And that's where question it. For more clarification, that holster is AlienGear's shape shift so is designed to be used in multiple configurations. I'm just trying to work out how I want to carry whilst out on my rucks. Currently I am just carrying appendix in a sticky holster which works fine but I don't trust it not to slip down into my skivies if I decide to jog a little. Maybe just need to invest in an actual appendix rig.

Except for those for whom I am responsible, I generally do not care what or how anyone carries. However, for SERPA and Alien Gear I diverge from my usual practice. Do not buy these as there are so many much better options.

SERPA https://www.youtube.com/watch?v=a9xIFdCVNOI

Alien Gear https://www.youtube.com/watch?v=Yw2yY0N78u4

In this article from February 11, 2020, Pew Pew Tactical picks the 6 best chest holsters. Alien Gear does not make the cut. https://www.pewpewtactical.com/best-chest-holsters/

All good stuff and definitely things to take into consideration. Thanks for the input fellas.

I am not a lawyer or a LEO. I am a retired instructor. I would call it legal. Gives all appearance to me that it is a belt holster. The law says belt holster or shoulder holster. Law does not say the belt holster has to be worn on a belt around your waste. It does say you can openly display it in your vehicle as long as it is in a belt holster.
I have a very home made Chesty Puller rig that I used a Belt holster to make it with. I wear it when I am working around the place on & off my tractor. I am too tight to spend $200.00 for a shop made one.

Jusme wrote: Fri Jun 19, 2020 11:04 am

kayt00 wrote: Fri Jun 19, 2020 10:10 am

C-dub wrote: Fri Jun 19, 2020 8:47 am I would say that it is not. As Jusme pointed out, it is just a holster attached to a backpack shoulder strap. I heard what I just wrote. Now I don't know!

And that's where question it. For more clarification, that holster is AlienGear's shape shift so is designed to be used in multiple configurations. I'm just trying to work out how I want to carry whilst out on my rucks. Currently I am just carrying appendix in a sticky holster which works fine but I don't trust it not to slip down into my skivies if I decide to jog a little. Maybe just need to invest in an actual appendix rig.

Have you looked at gunfighter gear? They make a Kenai chest holster specifically for carrying with a backpack but it stays on body after you take off your pack

https://gunfightersinc.com/kenai-chest-holster/

That’s a nice rig, and I wouldn't mind owning one, but the fact that the manufacturer calls it "The Kenai Chest Holster" probably disqualifies it from consideration as a "shoulder" holster for legal purposes.

Jusme wrote: Fri Jun 19, 2020 11:04 am

kayt00 wrote: Fri Jun 19, 2020 10:10 am

C-dub wrote: Fri Jun 19, 2020 8:47 am I would say that it is not. As Jusme pointed out, it is just a holster attached to a backpack shoulder strap. I heard what I just wrote. Now I don't know!

And that's where question it. For more clarification, that holster is AlienGear's shape shift so is designed to be used in multiple configurations. I'm just trying to work out how I want to carry whilst out on my rucks. Currently I am just carrying appendix in a sticky holster which works fine but I don't trust it not to slip down into my skivies if I decide to jog a little. Maybe just need to invest in an actual appendix rig.

Have you looked at gunfighter gear? They make a Kenai chest holster specifically for carrying with a backpack but it stays on body after you take off your pack

https://gunfightersinc.com/kenai-chest-holster/

I have one on order for the Glock 40.