Author Topic: Legality of carrying with "Clipdraw"  (Read 325 times)

mrjlw

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Legality of carrying with "Clipdraw"
« on: January 17, 2018, 03:23:27 PM »
I am by no means a lawyer, but it would seem to me that since "Clipdraw" is technically not a holster, it would potentially be unlawful to use in Texas. Is "Clipdraw" lawful or unlawful to use in Texas?

I was reading through some Penal Code and found this, and thus why I am questioning the legality of this product (which I absolutely love, so it would suck if I can't use it). The specific portion in question is in bold.

"Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person:
(1)  intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and
(2)  is not:
(A)  on the person's own premises or premises under the person's control; or
(B)  inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1)  the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
(2)  the person is:
(A)  engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;"
« Last Edit: January 17, 2018, 03:25:35 PM by mrjlw »

TexasLawShield

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Re: Legality of carrying with "Clipdraw"
« Reply #1 on: February 02, 2018, 03:22:23 PM »
Mrjlw,

You are correct that Texas law requires an openly carried firearm to be in a belt or shoulder holster. If the firearm is concealed, there is no holster requirement. Holster is not defined in the penal code, so it would likely be given its plain or traditional meaning as understood by a layperson. There is little caselaw that gives guidance on what is and is not a holster.

Clipdraw makes two categories of firearm securing products. One is simply the clip that fastens around the frame or the slide of the gun allowing easy attachment to a belt or pocket. The other is the clip with an attached trigger guard. Although holster is not strictly defined in the penal code, it is unlikely that either of these items would be considered a holster. The video on the clipdraw website even states “use clipdraw for inside the waistband concealed carry without a holster.”

Clipdraw can be used for concealed carry in Texas because there is no holster requirement. But if you plan to open carry, using clipdraw might be an unlawful carry. Hopefully in the coming months, we get more guidance from the courts but in the meantime, it’s better to be safe than sorry.

mrjlw

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Re: Legality of carrying with "Clipdraw"
« Reply #2 on: February 06, 2018, 03:31:38 PM »
Thank you for that reply. Very informative. I plan to only conceal carry.

Would you recommend simply using an actual holster to be safe than sorry, or is using Clipdraw too much of a liability with it being a bit of a gray area?

Only reason I ask, is because I have found that I can conceal 10 times easier using clipdraw than any holster I've ever tried, and on top of that, it's much more comfortable in my opinion. But, like you said, I'd rather take away any possibility of me being at fault if I were to find myself in a situation where I had to discharge my firearm, than to risk potentially losing any legal battle because of a simple clip attached to my firearm.
« Last Edit: February 06, 2018, 03:33:34 PM by mrjlw »

Katfish

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Re: Legality of carrying with "Clipdraw"
« Reply #3 on: February 06, 2018, 03:55:19 PM »

I'm certainly NOT a Lawyer!

IMHO - "concealed" is concealed.....................pants pocket  /  sock  /  boot  /  waistband of pants / jacket or vest pocket - as long as the weapon cannot be seen by others.................YMMV

mrjlw

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Re: Legality of carrying with "Clipdraw"
« Reply #4 on: February 07, 2018, 02:31:30 PM »
I completely agree with your definition of "concealed".

What I'm bringing into question is, using a device that is a gray area to what a "holster" is, is that something that, because it is not well-defined, could be cause for me to lose my justification of using deadly force in defense of myself, property, or others. In other words, if crap hit the fan, would/could Clipdraw be a hole in my defense that could potentially "sink the ship" and lose a legal battle.

I hope lawmakers can bring a better definition to the table in regards to this; I would hate for my use of a clip on my firearm to be my downfall if I had to use my firearm.

Neighbor

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Re: Legality of carrying with "Clipdraw"
« Reply #5 on: February 07, 2018, 04:57:01 PM »
I'm a little confused MRJLW. On one hand you indicate you only plan to carry concealed and the TLS lawyer indicated there is no holster requirement for concealed carry - so how can there be a "grey area" to get you in trouble if you don't even have to use a holster for concealed carry (and if you do use a holster, the law doesn't indicate a requirement at all).

Appears to me the only time the the so called grey area comes into question is if you decide to open carry with a clip draw.