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Magnetic Vehicle Holsters v. Texas Open Carry Law

Can I carry a handgun in my vehicle without an LTC in Texas?

Yes, you may keep a handgun in your vehicle in Texas without a License to Carry a Handgun ("LTC") as long as it is concealed and you are not otherwise prohibited from owning or possessing a firearm. There are also no requirements on how you must store your handgun, meaning it's legal to keep your handgun loaded.

How can I carry in my vehicle if I have an LTC?

The Rules for LTC holders do not change when operating a vehicle. The handgun may be carried anywhere (if concealed) or carried openly so long as the handgun is in a belt or shoulder holster.

What is legal?

As is the case when carrying in public, with an LTC, you may carry a handgun anywhere on your person as long as it is concealed. If you want to carry openly you must also abide by Texas Penal Code § 46.035 and keep your handgun in a belt or shoulder holster.

What is generally not legal? Magnetic Holsters and Open Mounts.

For an LTC holder, if your handgun is not concealed, it must be in a belt or shoulder holster. While not yet interpreted, the courts could conclude that to mean on your person. There are many products on the market that do not meet the criteria of being concealed or in a legal "belt or shoulder" holster. Under the dashboard mounts and magnetic retention mounts are two common products that do not fit within the law. Although they appear to be 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, then it is not concealed.

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. Additionally, there are generally no requirements that your firearm be unloaded or locked in a separate container.

Can I carry 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 usually considered to be "in control" of a vehicle for purposes of carrying. So even though you don’t own the vehicle, if you are driving, it is generally not a crime to carry.

Note, however, that 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 as a passenger in someone else’s vehicle?

If you have an LTC, you may carry in a vehicle that is not yours, and that is not under your control. However, if you do not have an LTC, carrying in someone else's vehicle could lead to potential criminal liability.

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

Author: Dylan Price

DISCLAIMER: The information on this website does not contain legal advice or create an attorney-client relationship. Every case is different, and this material is not a substitute for, and does not replace the advice or representation of, a licensed attorney.

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