Texas Holster Law - Open and Concealed Carry in 2021 and 2022

Today’s question: How can you legally carry a handgun in Texas openly and concealed? What is the new holster law for 2021? Can you conceal carry a handgun? Can you open carry without a license? How must your gun be carried? The Armed Attorneys break down Texas’s new handgun holster law.

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Richard D. Hayes, II: @TXGunLaw
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PARTIAL AUTO-TRANSCRIPT
Today we're going to talk about how to legally carry a handgun in the state of Texas and i think we start that discussion with who is qualified to carry a handgun in public ... for purposes of this video we're talking about license holders and constitutional carriers so how can we legally carry let's talk about the two legal methods here in Texas you want to kick us off yeah so first of all you can legally carry your handgun openly however it has to be in a holster and that's it that's the only requirement we don't define what kind of holster now if you have been carrying in Texas for a couple years you might think that's untrue it has to be in a shoulder a belt holster but actually that law was revised in 2021 we struck all references to shoulder and belt in Texas law so now if that handgun is partially or wholly visible it just must be holstered make sure it is a commercially available holster ... possible whether that's your belt holster your shoulder holster your belly band your ankle holster pilot holster your the list goes on and on your imagination can go wild there's a lot of different holsters ... what about unintentional display let's say you're at the grocery store and you reach up too high and your shirt exposes your handgun and your waistband that's not really what we're talking about we're talking about intentionally displaying your handgun ... the other option that we have is concealed ... so long as no part of the handgun is visible based on ordinary observation you can carry it so think glove box center console pocket jacket backpack uh under your shirt you know there's a as long as it's yeah briefcase ... there's really no special way that you have to carry concealed now the other thing that this raises is vehicle carry because prior to you know September 1st 2021 if you openly carried in a vehicle that had to be carried in a belt or shoulder holster but now that Emily you know has described those words are gone those don't exist in law anymore so talk to talk us through some vehicle carry now yeah so vehicle carry has gotten a little bit easier and a couple of the frequently asked questions we get about vehicle carry are um can i have you know let's say an under dash mounted holster now i'm not talking about one of those magnets you see that's not really a holster it's just a magnet that holds your gun there we're talking about the ones that actually have a mechanism to cover the trigger um a legitimate holster and the answer now as of September 1st of 2021 is that's completely acceptable it is a holster it is on or about your person it is completely lawful to have it in a dash mounted holster also people call in all the time and say you know i want to take my paddle holster off put it on the seat next to me that's fine the weapon is holstered it is on or about your person so vehicle carry just got a lot easier yeah and as Emily said if holster's not defined but i would use use your common sense you know when i think holster think sword to sheath uh holster is to handgun something that encloses it you have to perform some action before it would be readily dischargeable so as she said those those i've seen them on Facebook ads where the person has the magnet and they rack it and they engage in road rage probably not legal in the state of texas...
you

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[joelslack]

This exactly what i’ve been searching the texas laws to learn, thank you.

[mrmonsterz]

To quote John at *ASP* : _"I highly recommend you carry your tools on your person and _*_not_*_ in your bag or elsewhere"_

[JWH-]

I know people put weapons in consoles, glove box, under the seat, etc. for comfort, especially on long trips. However, a weapon is better on your person. This makes the weapon one less thing to think about if you have to exit the vehicle in a hurry. Not only for self-defense, but car accident, fire, or any other reason.

[mkshffr]

A great follow up video would be prohibited places for both permit and constitutional carry.

Also detailed permit requirements.

[garystrother]

One thing about open carry vs conceal carry is there are people who if you have a problem with, might lie, call 911 and say you pulled a gun on them. You seen videos of Karens claiming to be victims. They've seen it, know what it looks like, and if there are no cameras then it is their word against yours. Same if you have to pull the gun for fear of your life, and they back down, unless you report it first, the police might side with them, if they call and report you. Some will do it because they just do not like guns around them. You can do ever thing right and still get in to big legal problems.

[geckoproductions]

Nicely done. Would also like to see where and when you can carry. Too many good old boys say "I don't need no LTC, we have constitutional carry." Then they walk in to the ice house strapped to get a can of dip and commit a felony without realizing it. Everyone should at least take the $39 online class so they will at least understand the law.

[NOTSOSLIMJIM]

It was legal to carry in your vehicle before 2021. "On or about your person" is defined as within the person's reach.

[robertmcmahon]

Great timing for me hearing your message. Sounds easy to be legal and safe.

[russconklin]

My church allows license holders to carry in church with the stipulation that it be carried concealed.

[MrRdvs]

I’m late, I wasn’t aware of the change in holster law.

[theodorezudyk]

Thank you for the info. Recently moved to Texas from Illinois. You guys are Okay. Ted

[rburcgett]

love your channel. wish there was one for Louisiana. keep up the good work.

[VSE]

How about an AR pistol? Can I carry one mounted to the back of my drivers seat? Does mount constitute a holster???

[NOTSOSLIMJIM]

Y'all should have CJ Grisham on some time.

[MrJohnny]

You have been able to conceal carry in your vehical for years, ever since the courts ruled it is an extention of your home...

[Trench_God_]

So just to be clear; we are by law legally allowed to carry concealed WITHOUT a holster so long as it isn’t obvious you’re concealed carrying without a holster?

[JCVET]

The probably shouldn’t be in your advise. Also where did the “cover the trigger” come from?

[Mag]

Opinions on legal carry situation?

A person had a CCW, got a DUI (no gun on at the arrest). He lost his CCW for I think 5 years? (If I recall, he said it was a Class B Misdemeanor)

During that 5 year period, Texas passes the constitutional carry. Since he has finished his probation, paid his fines and the case is closed, there is no law preventing him from owning a firearm.
Can he constitutionally carry even though he still has a couple of years on his suspended CCW?

An attorney (not versed in 2A) says he thinks the person would be legal to constitutional carry. Police officer opinions are 2 saying no and 1 saying yes (same department, so clearly they are not instructed on the topic)

Any 2A legal-beagle's want to take a stab at this? I have poured over the Texas penal code and cannot find anything that supports or refutes the position.

[willitellus]

What about within 1000 ft. of a school? Schools are everywhere, especially in metro areas.

[helomech]

If someone can see the outline of the gun, but it is covered, is it still considered concealed. Does the person have to actually see the gun, or just the outline of the gun.