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Penn wrote:I always took "reasonable" person to mean non-law enforcement. Reasonable being a synonym for average.

Penn, I agree. Unfortunately one above average person can ruin your whole day! This one is close and even though it might adhere to the law, it is too close for my risk tolerance. I don't have a problem with others who are less risk adverse, but for those who are, just be careful!

Liberty wrote:The law is clear that the gun needs to concealed. There is no mention of holsters.

Liberty,

I agree, the law is clear that it needs to be concealed, but not on what concealed is.

§ 411.171. DEFINITIONS. In this subchapter:

3) "Concealed handgun" means a handgun, the presence
of which is not openly discernible to the ordinary observation of a
reasonable person.

If a 'reasonable' cop arrests you and a 'reasonable' jury says it wasn't concealed, for all practical purposes it wasn't concealed, regardless whether we or anybody not on the jury thinks otherwise.

We can argue that the gun itself wasn't exposed, but the law doesn't appear to me to say the gun has to be exposed, just that it's presence (ambiguous) is openly discernable to the ordinary (ambiguous) observation of a reasonable (ambiguous) person.

Similarly, a tight T-shirt over a firearm would likely invite unwanted attention. Is the firearm itself exposed? No. Are you going to get attention you don't want? Possibly. However, perhaps for some strange reason it is a plastic practice weapon or an airsoft gun, not illegal I don't think. IMHO, a reasonable person with ordinary observation would think it's a gun, the real thing.

Yes, the continous visibility of the tip of a holster may technically not be in violation, but if someone calls the police, and find the holster isn't empty, you MAY be in trouble.

Kalrog wrote:Legally - with you standing just like that - I say yes. That COULD be a cell phone case, I see nothing to indicate it is a firearm.

Now as soon as you raise your arm, I bet my opinion would change to "not concealed". Either way, that is too close for my comfort and I wouldn't advise it.

Agree, the firearm isn't visible, but the cant of the holster indicates, to me, a gun, not a PDA or cell phone. I agree it's close, but I tend to 'not concealed'.

I wouldn't venture out with it....

IMHO, no.....