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Are Magnetic Car Holsters Legal in Texas?

Updated December 9, 2022

Can I Carry a Handgun in My Car Without an LTC in Texas?

Yes, you may keep a handgun in your vehicle in Texas without a License to Carry a Handgun (“LTC”). But there are some qualifications:

  1. The handgun must be concealed (unless you qualify for Texas Constitutional Carry);
  2. The carrier must be 18-year-of-age or older;
  3. The carrier can not be otherwise prohibited from owning or possessing a firearm; and
  4. The handgun cannot be carried in a prohibited place.

What About Constitutional Carriers?

A concealed handgun or openly carried handgun (in a holster) are available options for those who qualify for Texas Constitutional (permitless) Carry.

Can I Carry a Loaded Gun in My Car?

There are no requirements on how you must store your handgun, meaning it’s legal to keep your handgun loaded.

How Can I Carry a Handgun in my Vehicle?

With an LTC

The rules for LTC holders do not change when operating a vehicle.

  • Openly = must be carried in a holster1.
  • Concealed = anywhere in the vehicle.

As a Constitutional Carrier?

The rules for Constitutional Carriers do not change when operating a vehicle.

  • Openly = must be carried in a holster1.
  • Concealed = anywhere in the vehicle.

What is the Law?

The Basics

With an LTC, you may carry a concealed handgun anywhere on your person. If you want to carry openly, you must also abide by Texas Penal Code Section 46.02 and keep your handgun in a holster.

Are Magnetic Car Holsters Legal in Texas?

Generally, an openly carried handgun must be holstered. That goes for those with an LTC or Constitutional (permitless) Carriers.

There are many products on the market that do not meet these legal criteria.

The dashboard mounts and magnetic retention mounts are two common products that do not fit within the law. Even if they appear concealed, these mounts are not a legal means to carry a handgun in Texas, even if placed under the steering column or dashboard.

As a rule of thumb, if you can see your handgun when you open your car door, it must be in a holster.

Can I Leave my Handgun in My Car?

Generally, as long as you keep your gun concealed, your vehicle locked, and you are not on federal property, you shouldn’t run into issues.

There is no legal requirement to keep your handgun unloaded. Additionally, there are generally no requirements to keep your firearm locked up in a separate container.

Can I Carry a Gun in a Company Vehicle?

As a general rule, you can generally carry a firearm in any vehicle that is under your control. The driver is “in control,” when it comes to carrying.

So even though you don’t own the vehicle, if you are driving, it is generally not a crime to carry.

Note on At-Will Employment

Your employer may not want you to carry in a company vehicle or even store a firearm in your own personal car on company property. While neither of these actions is inherently illegal, your employer may still fire you for doing so, as Texas is an at-will employment state.

Can I Carry a Gun as a Passenger in Someone Else’s Car?

If you have an LTC or qualify for Texas Constitutional (permitless) Carry, you may carry in a vehicle that is not yours, and that is not under your control.

Texas gun owners, be careful with how you carry your weapon while driving a vehicle. Make sure to conceal or properly holster your handgun—and be sure to avoid open mounts and magnetic holsters in Texas!

HAVE A LEGAL QUESTION?

The attorneys at Walker & Taylor, PLLC, offer consultations to answer your legal questions. Our consultations are for Texas and related federal law. Give us a call today at (281) 668-9957.

By: Richard D. Hayes, II

Notes:

  1. Texas Penal Code § 46.02.

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17225 El Camino Real, Suite 310
Houston, TX 77058

281-668-9957

Walker & Taylor, PLLC is located in Houston, TX and serves clients in and around Harris, Galveston, Fort Bend, Montgomery, Liberty, Brazoria, and Chambers Counties.

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