car holster- legal?

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liammclaren
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car holster- legal?

Post by liammclaren »

Hello everyone,

I've been looking at the Kingston Car seat holster by desantis (http://www.usahuntingsupplies.com/detail.aspx?ID=2905), and i'm actually wondering if it's legal or not. I live in Houston, and I have a CHL, and i know the gun has to be concealed in the car, so would a gun in that holster be considered concealed? While driving it would be underneath your knees, mostly. Might still be visible, though, at the right angle. Any LEOs or anyone else who knows care to comment?
txinvestigator
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Re: car holster- legal?

Post by txinvestigator »

liammclaren wrote:Hello everyone,

I've been looking at the Kingston Car seat holster by desantis (http://www.usahuntingsupplies.com/detail.aspx?ID=2905), and i'm actually wondering if it's legal or not. I live in Houston, and I have a CHL, and i know the gun has to be concealed in the car, so would a gun in that holster be considered concealed? While driving it would be underneath your knees, mostly. Might still be visible, though, at the right angle. Any LEOs or anyone else who knows care to comment?
Texas Government Code
§ 411.171. Definitions.
(3) "Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.


Texas Penal Code
§ 46.035. Unlawful Carrying of Handgun by License Holder.

Statute text
(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 fails to conceal the handgun.
looking at the holster I would not buy it.
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.
KBCraig
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Re: car holster- legal?

Post by KBCraig »

txinvestigator wrote:looking at the holster I would not buy it.
I agree.

Or, at least I wouldn't use it as-is, without covering it with a towel or something. As shown, it falls into "intentionally fails to conceal" territory.
stroo
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Re: car holster- legal?

Post by stroo »

Get a Wilderness Safepacker. You can attach them easily to your seat belt and they fully conceal the gun. To find them just google Wilderness safepacker.
dustyb
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Re: car holster- legal?

Post by dustyb »

Texas Government Code
§ 411.171. Definitions.
(3) "Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.



Someone would have to stick their head inside your car to see it, especially if you are sitting in the seat. IMHO that meets the "not openly discernible to the ordinary observation of a reasonable person." Anyone who would stick their head in you vehicle uninvited, is probably not a reasonable person. If you are stopped by a LEO, simply inform them of the pistol. I would however, not leave the holster there if I was not in the vehicle.

I generally carry mine in my seat under the fold-down console while driving. I have asked LEO's opinions, from DPS, to city police, to deputies, and all have said that was fine. One advised me to keep it close at hand, in case I ever had to help him. I'm sure there are some LEO's somewhere who would disagree. Personally, it looks like a pretty handy rig to me.
Last edited by dustyb on Sat Jan 05, 2008 8:28 pm, edited 2 times in total.
liammclaren
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Re: car holster- legal?

Post by liammclaren »

dustyb wrote:Someone would would have to stick their head inside your car to see it, especially if you are sitting in the seat. IMHO that meets the "not openly discernible to the ordinary observation of a reasonable person." Anyone who would stick their head in you vehicle uninvited, is probably not a reasonable person.

That's pretty much what I was thinking...
TX Rancher
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Re: car holster- legal?

Post by TX Rancher »

I’m with KB and TI…I think it looks a little risky and would be easily discernable while entering and exiting the car (such as while filling the gas tank). I would prefer something a little more circumspect.

But even aside from the concealment question, which after all is rather subjective, the holster just doesn’t look very comfortable. I don’t think I would want to sit on that buckle for a couple hour road trip.
Rokyudai
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Re: car holster- legal?

Post by Rokyudai »

I thought about purchasing a similar rig and then just using a towel to cover it. No big deal right? Well, the "what ifs" got to me and I started thinking, 'what if I was involved in an accident?' Even a fender bender, I would worry about weapon retention in that type of set up. I imagined if my body was jostled enough it could potentially dislodge it. Granted, this could obviously happen even if it's on my person in a holster under the same circumstances, but that's for a different discussion. If you are looking for alternatives, check this link out. It may or may not meet your needs, but it's just a heads up on alternatives.


http://advancedpistolsafes.com/Console_ ... Safes.html

Warning: They are pricey.

The one console safe has a mounted holster which rises out of the box for immediate access. I saw them demo'd at a local gun show and had a chance to work the button combos. They are designed for "no look" access. I would have purchased one if they had the appropriate size for my center console. They had several there that would fit a standard SUV or pickup.
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