I have OCed my empty holster and full mags many times in front of officers. As a matter of fact I have OCed in full camo a few times in front of officers. Each one has eyeballed my hip and only one said anything. That officer simply asked if i was head out in to the field or on my way back. Quite a few times while I was OCing an empty holster I was wearing my street clothes and left my weapon in the truck. Again, not once did the officer even look twice. Last year I was traveling and OCed on my sportbike. I was pulled over for a busted tail light and he lightly questioned me about why I had my weapon out like that. I refered him to 46.02 and his excact words were "Well, I'll be damned. Ok sir pull over at the truck stop down the road and get a new bulb. Have a nice day."
This should answer that portion of the discussion.
please explain what you mean by referring him to 46.02. what is it that you see that negates the prohibition on open carry.
I appologize it may not be 46.02 exactly. However, once you get past the BS about security gaurds and such there is a section that says 46.02 does not apply to a person who is traveling. I was heading from my house to Houston. I was pulled over near Beasley Tx. Once I reached Houston I passed a few LEO's and they payed me no mind. In all honesty though, I don't think they noticed.
(and your right, the statute is 46.15) sorry
I'll post a link:
Text of subsection as reenacted by Acts 2007, 80th Leg., R.S., Ch. 647
, Sec. 1
(b)Section 46.02 does not apply to a person who:
(1)is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
(2)is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);
(3) is traveling;
(4)is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;