LEO Question about Pistol in Vehicle

[Hunterdan]

Michael and I were having this discussion this past weekend about these Magnets that mount under the dash of your truck to hold a loaded pistol. My question is since I have a CHL in Texas is it legal to drive with the loaded pistol mounted within reach out in the open?

[tvc184]

No.

Unless it is in a shoulder or belt holster, it is no different than someone without an LTC.

[tvc184]

If you want to see the text.

Sec. 46.035. 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.

[onetondodge]

Has to be concealed unless ^^ what he said

[Hunterdan]

I was given one of the Tactical mounts but have been hesitant to mount it until I could get some clarification on this.

[Walker]

What about the open carry? Wouldn't it apply in this case.

[newmathewsfan]

I don’t believe that “open carry” applies in a vehicle. I’ve always been told that handguns must be concealed or in holster while in the vehicle.

[CaprockRoamer]

Vehicles fall under the castle doctrine, do they not?

[meltingfeather]

No.

46.02. Unlawful Carrying Weapons
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster;  or

[Artos]

I guess it's visible if you can't even see it... I know several guys who have those holsters clipped to the dash & think the grip is in view if you were looking.

Honestly, I don't like the idea of any gun stored in a position where it has ability of going rogue if you were to have a wreck. Getting pistol whipped by your own gun would be embarrassing.

[F1addict]

From what I recall from my LTC class... In a motor vehicle, if the handgun is not in a holster on your person, it can be in a holster inside the vehicle. Doesn’t matter if it is visible or not. However, someone without an LTC, the handgun must be in a holster, and must be hidden from view.

[tvc184]

From what I recall from my LTC class... In a motor vehicle, if the handgun is not in a holster on your person, it can be in a holster inside the vehicle. Doesn’t matter if it is visible or not. However, someone without an LTC, the handgun must be in a holster, and must be hidden from view.

Out of sight it doesn’t matter how it is carried... LTC or not.

With LTC it must be in belt or shoulder holster.

[tvc184]

Vehicles fall under the castle doctrine, do they not?

No.

[F1addict]

No.

46.02. Unlawful Carrying Weapons
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster;  or

This right here states that it is OK to be in plain view, as long as the person is LTC.

[TacticalCowboy]

This right here states that it is OK to be in plain view, as long as the person is LTC.

AND IT IS IN A SHOULDER OR BELT HOLSTER

Anywhere in plain sight, off your person, LTC or not, is a no-no.