So much for constitutional carry

[Gawernator]

NBA All-Star James Harden Arrested for Unlawfully Carrying a Handgun Because it Wasn’t Holstered

James Harden was booked and bonded out of a Texas jail before most of the country had finished its morning

discernreport.com

NBA All-Star James Harden Arrested for Unlawfully Carrying a Handgun Because it Wasn’t Holstered​

 

[BigBlaze]

I think in Texas your pistol has to be carried OWB not IWB. I believe you have to have a CCW license in Texas to carry IWB.
OWB no license is required.

 

[Gawernator]

I think in Texas your pistol has to be carried OWB not IWB. I believe you have to have a CCW license in Texas to carry IWB.
OWB no license is required.

permitless public carry​

In 2021, Texas enacted dangerous ‘permitless carry’ legislation that, effective September 1, 2021, generally authorizes people to carry concealed or holstered handguns in most public spaces without any license, safety training, or background check required, as long as they are at least 21 years old and not prohibited from possessing firearms under Texas’s weak firearm prohibitions law.<a href="https://giffords.org/lawcenter/state-laws/concealed-carry-in-texas/#footnote_1_16158" title="See 2021 TX HB 1927; Tex. Penal Code § 46.02(a), (a-5), (a-7).">1</a> A narrow but notable exception is that people who have been convicted of any of four specified violent misdemeanors are not authorized to carry handguns in public for five years after the date that they committed that offense, except when on their own property or when they are inside of or directly en route to a motor vehicle or watercraft that they own or control.<a href="https://giffords.org/lawcenter/state-laws/concealed-carry-in-texas/#footnote_2_16158" title="Those misdemeanors include assault involving bodily injury, ‘terroristic threats,’ “deadly conduct” that places another person in imminent danger of serious bodily injury, and certain disorderly conduct crimes involving illegal discharge of a firearm or illegal display of a firearm in a public place in a manner calculated to alarm. Tex. Penal Code § 46.02(a)(2)(B).">2</a>
Prior to this law’s passage, Texas law required people to complete a basic safety training course and pass a background check in order to obtain a handgun license from the Texas Department of Public Safety, which authorized them to carry concealed handguns in most public places. Texas law still authorizes people to apply for and obtain these licenses (see below for more information about the licensing process), which may be required, for instance, for people to legally carry handguns in public in certain locations in Texas or when visiting other states.
Certain location restrictions apply, however, that generally restrict people from carrying handguns in certain types of public locations, including K-12 schools and certain colleges and universities.<a href="https://giffords.org/lawcenter/state-laws/concealed-carry-in-texas/#footnote_3_16158" title="See, e.g., Tex. Penal Code § 46.03.">3</a> In some cases, like K-12 schools, firearms are generally prohibited regardless of whether a person has a handgun carry license; in other cases, like most public areas on public college and university campuses, people with a valid handgun carry license may generally carry concealed or holstered handguns, but people without these licenses may not.

From these idiots: https://giffords.org/lawcenter/state-laws/concealed-carry-in-texas/

 

[nakatomi]

I think in Texas your pistol has to be carried OWB not IWB. I believe you have to have a CCW license in Texas to carry IWB.
OWB no license is required.

You can carry openly and concealed w/out a holster so that isn't an issue.

Interesting story but the arrest affidavit prob contains something that isn't making it into headlines. The reporter is prob speculating it has to do with "holstering" and everyone is fixating on that keyword.

Maybe Harden is a prohibited possessor because of a protective order/TRO/domestic violence.

 

[jacrispies]

Did anyone actually read the article?? This has nothing to do with constitutional carry. There are different laws about having a firearm in a vehicle unattended, which is likely what happened by reading the article above.

"The Cleveland Cavaliers guard was arrested early Saturday and charged with unlawful carrying of a weapon after officers reportedly found a handgun sitting in plain view inside his vehicle, not secured in a holster."

Here is the law based on a quick google search:

 

[Gawernator]

Did anyone actually read the article?? This has nothing to do with constitutional carry. There are different laws about having a firearm in a vehicle unattended, which is likely what happened by reading the article above.

"The Cleveland Cavaliers guard was arrested early Saturday and charged with unlawful carrying of a weapon after officers reportedly found a handgun sitting in plain view inside his vehicle, not secured in a holster."

Here is the law based on a quick google search:
View attachment 207600

Isn’t he over 21? What was illegal is what I’m not understanding. Either you can have it or you can’t

 

[jacrispies]

Isn’t he over 21? What was illegal is what I’m not understanding. Either you can have it or you can’t

Over 21.... *and has it in a holster*

Constitutional carry is about carrying a firearm on your person. Unattended, visible firearm in a vehicle is a different problem altogether.

Constitutional carry remains! Let's
get constitutional carry in CA

 

[angryasian]

It’s crazy that places like Texas and Virginia are turning so liberal. Hell Virginia is almost as bad as here

 

[nakatomi]

Did anyone actually read the article?? This has nothing to do with constitutional carry. There are different laws about having a firearm in a vehicle unattended, which is likely what happened by reading the article above.

I actually did read the article.

Where does it say the firearm was unattended?

The article says the handgun was in plain view inside the vehicle and not secured in a holster. I don’t see anything about Harden being away from the vehicle or the firearm being unattended.

Are you getting that from another source or just assuming that’s what happened? Just curious.

 

[Darqhelmet]

As I just moved back from Texas I’ll shed some light on this.

You don’t need a holster to carry, in or out of the car. But the pistol can not be “visible”. I could throw a towel, tshirt,rag over it and be good. A holster also counted as not visible. It’s weird but must laws out there were. Can’t buy a car on a Sunday is another one.

 

[Darqhelmet]

It’s crazy that places like Texas and Virginia are turning so liberal. Hell Virginia is almost as bad as here

Uhm Texas is going way harder right, spent the last decade in DFw, sure as hell not getting more liberal out there. maybe Austin, but the rest of TX hell no.

 

[Gawernator]

It’s crazy that places like Texas and Virginia are turning so liberal. Hell Virginia is almost as bad as here

After the insane slew of new laws, yeah it's insane.