Are there any restrictions as to the type of holster for open carry?
I wonder if this would be the same as a "no tresspassing" sign? If you cross the property line while posted, are you then guilty, or do you have to be asked to leave?
No, you can be arrested without the owner present, and herein lies the rub for those who claim that for a business, there has to be verbal notification in addition to a sign.
In fact, there was an arrest in my credit union in Altus for carrying past the gunbuster sign, but the simple trespass charge was never filed, because after he was taken in, he was found to be a TX resident, prior felon, illegally in possession of a gun. The general consensus was he intended to rob the place.
Another case in Altus that started with having a gun where it was not supposed to be and also turned into felony drug charges and illegal possession. I can't prove, but strongly suspect that these two anecdotal instances may represent the usual case where more serious charges are filed, similar to the land trespass that turned into felony robbery of the property in a farm building.
Some upstanding citizens who have walked past signs or incidentally exposed their guns have just been reminded not to do it again.
As someone observed above, the legal situation is exactly as it was before the changes in carry, which I consider a bit of a muddled picture as commonly applied. IANAL, and this opinion is worth what you paid for it.
How may I carry my handgun? (Section 1290.2.A.1 and 2) You may carry a loaded or unloaded pistol EITHER:
A) carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger, (concealed carry)
OR
B)carried upon the person in a belt or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible. (open carry)
How does an Uncle Mike's pocket holster, for instance, fit here if the grip of the pistol sticks up above the pocket yet the entire holster is inside the pocket and not visible? With a jacket over it concealed carry would cover the issue but should the jacket ride up the grip would be visible(open carry) but the holster wouldn't be visible and wouldn't be a belt or shoulder holster, scabbard or case wholly or partially visible. Seems a grey area here that could cause questions and/or problems.
Anyone have an opinion on this? I'd appreciate some input since I like to carry in a pocket holster, back pocket.
A) carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger, (concealed carry)
OR
B)carried upon the person in a belt or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible. (open carry)
How does an Uncle Mike's pocket holster, for instance, fit here if the grip of the pistol sticks up above the pocket yet the entire holster is inside the pocket and not visible? With a jacket over it concealed carry would cover the issue but should the jacket ride up the grip would be visible(open carry) but the holster wouldn't be visible and wouldn't be a belt or shoulder holster, scabbard or case wholly or partially visible. Seems a grey area here that could cause questions and/or problems.
Anyone have an opinion on this? I'd appreciate some input since I like to carry in a pocket holster, back pocket.
You present an interesting question. One that was the reasoning being many of us being against any requirements for retention holsters for open carry. Some of us felt that we could be in violation of the law if your non retention concealed carry holster accidentally became visible. You would have a holster that while perfectly legal when concealed but in clear violation if it became exposed.
I had not considered the further implications in the difference in carry methods written into the latest law. Is a pocket carried handgun illegal if it becomes exposed?
Michael
I had not considered the further implications in the difference in carry methods written into the latest law. Is a pocket carried handgun illegal if it becomes exposed?
Michael
So basically, you can be arressted if you get a MWAG call even if the owner/Manager never said anything to you? So, if I am OC, I have to pay extra special attention to the front of the store for a sign.
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