Question About James Harden Arrest

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Triple S
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6:03p, 6/14/26
S
Question -

James Harden was arrested on a weapons charge here in Houston early this morning.

The report seemed to indicate that it was due to him having a gun in the car seat in plain sight…….


If we have constitutional carry here in TX, how is it possible that is a crime? Reports aren't that he brandished the weapon. It was found in plain sight during a traffic stop.


Is that because it has to be concealed in a holster or glove box? I am assuming he has a TX DL and that he can legally posses a handgun…. Just not sure how that is a chargeable offense based on the facts,

Curious if anyone has insight,


https://www.espn.com/nba/story/_/id/49051311/cavaliers-harden-charged-unlawful-carrying-weapon
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Sid Farkas
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6:08p, 6/14/26
AG
I thought the exact same thing.
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techno-ag
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6:12p, 6/14/26
AG
Think the gun has to be concealed or in a holster while in the car. "Holster" has never been defined.
The left cannot kill the Spirit of Charlie Kirk.
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MadMax
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6:14p, 6/14/26
It sounds like a "cop out" charge to save the embarrassment of the arresting party. 10/10 this will go away and we won't hear about the dismissal in 4 months.
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UnderoosAg
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6:15p, 6/14/26
AG
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.
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techno-ag
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In reply to MadMax • 6:24p, 6/14/26
AG
MadMax said:
It sounds like a "cop out" charge to save the embarrassment of the arresting party. 10/10 this will go away and we won't hear about the dismissal in 4 months.
Yeah a good attorney will sit down with an ADA and make this go away.
The left cannot kill the Spirit of Charlie Kirk.
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BadMoonRisin
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In reply to Triple S • 6:28p, 6/14/26
AG
Triple S said:
Question -

The report seemed to indicate that it was due to him having a gun in the car seat in plain sight…….
If we have constitutional carry here in TX, how is it possible that is a crime?

It's not.
i'm sorry i dont laugh at the right times.
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BigRobSA
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In reply to UnderoosAg • 6:42p, 6/14/26
UnderoosAg said:
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".
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Kenneth_2003
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In reply to BigRobSA • 6:51p, 6/14/26
AG
BigRobSA said:
UnderoosAg said:
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".


Ok. 2A and it's relationship with Texas Law can be debated by the courts. Sitting on the side of the road repeating "Shall not be infringed" will not work out in your immediate favor with the police.

It's been a hot minute since I've read the laws, but I'm fairly confident that current Texas law says the weapon cannot be lying loose in the front seat. It can be holstered on your person, in a case in the vehicle, or inside a compartment. Now if you remove your holster and put that in the pax seat... I don't know.
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jopatura
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6:51p, 6/14/26
AG
I thought he had priors that barred him from owning weapons.
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BigRobSA
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In reply to Kenneth_2003 • 6:54p, 6/14/26
Kenneth_2003 said:
BigRobSA said:
UnderoosAg said:
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".


Ok. 2A and it's relationship with Texas Law can be debated by the courts. Sitting on the side of the road repeating "Shall not be infringed" will not work out in your immediate favor with the police.

It's been a hot minute since I've read the laws, but I'm fairly confident that current Texas law says the weapon cannot be lying loose in the front seat. It can be holstered on your person, in a case in the vehicle, or inside a compartment. Now if you remove your holster and put that in the pax seat... I don't know.

Awesome

Good to know Texas law trumps federal law.

And I'm not arguing with you, per se', but sorry...."shall not be infringed" is pretty clear English, regardless of the decades of actual infringements being the reality.

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BTKAG97
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7:02p, 6/14/26
AG
https://www.sll.texas.gov/faqs/carry-gun-in-car/

Storing the firearm

Changes made to the law in 2021 allow more people to carry a handgun in "plain view" within the vehicle. The law does require the handgun to be in a holster when it is in "plain view." Texas law does not say what type of holster is required.

Subsection (a-1) of Section 46.02 states:
Quote:
(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 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster;

Texas law do not say where the gun should be stored in a vehicle or if the gun must be unloaded.
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techno-ag
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In reply to BTKAG97 • 7:35p, 6/14/26
AG
The left cannot kill the Spirit of Charlie Kirk.
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redsquirrelAG
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7:54p, 6/14/26
AG
If you have taken conceal carry you know this.
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Triple S
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8:01p, 6/14/26
S
Good to know….. the article says he paid 100.00 bond…..


That has to be a misdemeanor bond.


Here is why I'm asking….. if I have an official license like a medical license, law license, or insuance license, can that charge in danger my license? I always wonder about this kind of stuff……. Seems kinda poopy of the cop to charge him with that if all they pulled him over for was a traffic violation…..


I just feel like this kind of stuff doesn't get the daylight it deserves,,,,,,, I think there must be other things at play here, but I don't know what that could be. Someone said above that they thought he had a charge on him that kept him from owning a gun…. I don't know what that is either, but I wish articles like this were clearer.
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tamc93
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In reply to BTKAG97 • 8:01p, 6/14/26
AG
BTKAG97 said:
https://www.sll.texas.gov/faqs/carry-gun-in-car/

Storing the firearm

Changes made to the law in 2021 allow more people to carry a handgun in "plain view" within the vehicle. The law does require the handgun to be in a holster when it is in "plain view." Texas law does not say what type of holster is required.

Subsection (a-1) of Section 46.02 states:
Quote:
(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 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster;

Texas law do not say where the gun should be stored in a vehicle or if the gun must be unloaded.

edited since he appears to be carrying now while DUI (but no charge?) which is not allowed.
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Bondag
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8:11p, 6/14/26
AG
My guess is not drunk enough for dui but had a gun where limit is 0.0
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redsquirrelAG
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In reply to tamc93 • 8:21p, 6/14/26
AG
It's holstered. Within the law.
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EFR
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In reply to Triple S • 8:26p, 6/14/26
It is a Class A misdemeanor. Some licensing boards care alot about a class A, some not so much.
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Ducks4brkfast
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In reply to Bondag • 8:31p, 6/14/26
AG
Bondag said:
My guess is not drunk enough for dui but had a gun where limit is 0.0


The standard is intoxication, which is 0.08
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Booma94
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In reply to jopatura • 8:37p, 6/14/26
AG
jopatura said:
I thought he had priors that barred him from owning weapons.

He has a known affinity for scrip clubs and is notorious for choking in the playoffs, but aside from those minor hiccups he has flown pretty clean. Never convicted of anything. Never even arrested.

Harden might be a choker but he's not a criminal.
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BusterAg
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In reply to BigRobSA • 8:38p, 6/14/26
AG
BigRobSA said:
UnderoosAg said:
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".


Should you be able to point a gun at anyone you want to?
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Triple S
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In reply to EFR • 8:40p, 6/14/26
S
EFR said:
It is a Class A misdemeanor. Some licensing boards care alot about a class A, some not so much.


see, that's the kinds **** that "F's" people over and it's really needless. Gun on the seat…. Cop wants to be an ahole….. someone's career is F'ed.


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redsquirrelAG
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In reply to Ducks4brkfast • 8:40p, 6/14/26
AG
Ducks4brkfast said:
Bondag said:
My guess is not drunk enough for dui but had a gun where limit is 0.0


The standard is intoxication, which is 0.08


It's 0. Nada. Can't have any.
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Slicer97
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In reply to BusterAg • 8:47p, 6/14/26
AG
BusterAg said:
Should you be able to point a gun at anyone you want to?


Dafuq are you babbling about?
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Fishing Fools
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9:38p, 6/14/26
And is this legal in Texas?


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techno-ag
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In reply to Fishing Fools • 10:43p, 6/14/26
AG
Fishing Fools said:
And is this legal in Texas?



Holster is not defined. Someone will have to find out in court.
The left cannot kill the Spirit of Charlie Kirk.
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bonfarr
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10:55p, 6/14/26
AG
When James Worthy was arrested by Houston cops his crime was much more interesting than Harden's arrest.
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BigRobSA
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In reply to BusterAg • 12:23a, 6/15/26
BusterAg said:
BigRobSA said:
UnderoosAg said:
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".


Should you be able to point a gun at anyone you want to?

Not sure what that has to do with anything, but no.....assuming you're talking about a loaded weapon. That's not a 2A argument, that would be possibly reckless endangerment or something.
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itsyourboypookie
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12:56a, 6/15/26
How do you holster a rifle?

I thought the castle doctrine covered you vehicle.

I know in Colorado you can have a loaded gun in your car, but must lock it up if the car is unattended.

Never knew you couldn't carry a gun in plain view in you car. For years my truck gun has been a 300 blackout AR pistol, braceless since Biden muddied the waters
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redsquirrelAG
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In reply to BigRobSA • 6:17a, 6/15/26
AG
Assault with a deadly weapon.

All you have to do is point.
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Yesterday
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In reply to BusterAg • 7:03a, 6/15/26
AG
BusterAg said:
BigRobSA said:
UnderoosAg said:
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".


Should you be able to point a gun at anyone you want to?


That's assault brother!
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BusterAg
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In reply to BigRobSA • 7:17a, 6/15/26
AG
BigRobSA said:
BusterAg said:
BigRobSA said:
UnderoosAg said:
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".


Should you be able to point a gun at anyone you want to?

Not sure what that has to do with anything, but no.....assuming you're talking about a loaded weapon. That's not a 2A argument, that would be possibly reckless endangerment or something.

So, would you say it is not against the 2nd amendment to pass laws about what is considered to be safe versus unsafe possession of a weapon?
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techno-ag
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In reply to itsyourboypookie • 10:11a, 6/15/26
AG
itsyourboypookie said:
How do you holster a rifle?

I thought the castle doctrine covered you vehicle.

I know in Colorado you can have a loaded gun in your car, but must lock it up if the car is unattended.

Never knew you couldn't carry a gun in plain view in you car. For years my truck gun has been a 300 blackout AR pistol, braceless since Biden muddied the waters

The old rules before the original concealed carry laws were passed in Texas were that long guns were legal if in plain sight. Thus the gun racks in the back windows of pickups that used to be so common up until the 1980s or so.

Dunno what the rules are now. They are complex and dynamic. But someone will likely have a link to current state law.
The left cannot kill the Spirit of Charlie Kirk.
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samurai_science
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In reply to BusterAg • 10:13a, 6/15/26
BusterAg said:
BigRobSA said:
UnderoosAg said:
For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".


Should you be able to point a gun at anyone you want to?


What?
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