Author Topic: Legal belt holster for open carry requirements  (Read 8516 times)

aggydaddy

  • Newbie
  • *
  • Posts: 3
    • View Profile
Legal belt holster for open carry requirements
« on: August 29, 2015, 03:46:21 PM »
Do we know yet what the requirements (retention, coverage, etc.) will be for January 1st open carry belt holsters in Texas ?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Neighbor

  • Newbie
  • *
  • Posts: 245
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #1 on: August 29, 2015, 06:48:31 PM »
check out the topic named, "thigh hloster" in this Ask the Lawyer section.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

  • Administrator
  • Newbie
  • *****
  • Posts: 991
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #2 on: September 02, 2015, 03:07:34 PM »
aggydaddy,

The only requirement that the statute lays out is that if you choose to open carry, the handgun must be in a belt or shoulder holster. As of this time, we have no direction of what does and does not qualify as a belt or shoulder holster. Next year will be very interesting. We will see how the police and courts interpret what qualifies as a belt or shoulder holster.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

aggydaddy

  • Newbie
  • *
  • Posts: 3
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #3 on: December 01, 2015, 11:58:36 AM »

Well, that begs the question about In the Waist Band (IWB) holsters. They are usually attached to a belt but aren't "open".  Is TLS going to begin asking for volunteers to be arrested so you can get the specific case law you want?

Neighbor

  • Newbie
  • *
  • Posts: 245
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #4 on: December 01, 2015, 05:50:00 PM »
If I tuck my shirt totally inside my IWB holster, it isn't concealed any more - I would consider it open carry. Since it is in a holster attached to my belt, I would assume it's legal

TexasLawShield

  • Administrator
  • Newbie
  • *****
  • Posts: 991
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #5 on: December 07, 2015, 04:11:49 PM »
Aggydaddy,

Concealed carry does not require the use of a holster. If you wear the IWB holster in a way that the firearm is concealed, then you do not have to be concerned with the open carry requirements. If you wear the IWB holster in a way that the firearm is in plain view and therefore subject to open carry, such as tucking your shirt inside of the holster, as long as it is attached to the belt we presume that it complies with the law. We do not recommend trying to be the test case.

yabu

  • Newbie
  • *
  • Posts: 99
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #6 on: December 07, 2015, 10:48:27 PM »
I hope some clarification on this subject is quickly forthcoming.  OWB paddle holsters are popular and sold by most holster makers in leather and kydex.  They do not strictly attach to the belt but simply loop over it.  If those holsters do not comply with the new law it's going to cost a lot of people a lot of money.  I wouldn't be surprised if many people on this forum own one or two. 

Neighbor

  • Newbie
  • *
  • Posts: 245
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #7 on: December 08, 2015, 09:23:33 PM »
I assume the rule about being in a holster attached to a belt or shoulder holster is about securing the firearm - as opposed to just sticking the gun inside your waist band. In my opinion it would be "splitting hairs" to say a paddle holster or IWB holster doesn't meet the requirement just because it slips over or clips over the belt - the gun is secure. I don't see this being an issue.

timsatx

  • Guest
Re: Legal belt holster for open carry requirements
« Reply #8 on: December 09, 2015, 12:02:09 AM »
Personally I don't see it as an issue. Whether it is attached by running a belt thru loops or clipping it to your belt, it is still attached to your belt.

switch

  • Newbie
  • *
  • Posts: 140
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #9 on: December 09, 2015, 09:48:50 AM »
DPS just released a PDF about open carry, retention holsters, etc.  You can access it on their site under instructor updates.

http://www.txdps.state.tx.us/RSD/CHL/documents/useofrestraintholsters.pdf

yabu

  • Newbie
  • *
  • Posts: 99
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #10 on: December 09, 2015, 03:42:36 PM »
Thanks, very good information.  One of the holsters pictured is clearly a paddle holster so I guess that answers that question.  Excellent. 

timsatx

  • Guest
Re: Legal belt holster for open carry requirements
« Reply #11 on: December 10, 2015, 10:24:55 PM »
Yeah but that document does not address attachment to the belt only retention of the weapon. Basically if it attaches to the belt it pretty much is fine.

yabu

  • Newbie
  • *
  • Posts: 99
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #12 on: December 11, 2015, 06:16:11 AM »
I guess this would have to be considered a "belt" holster too.. :)

MIO

  • Newbie
  • *
  • Posts: 131
    • View Profile
Re: Legal belt holster for open carry requirements
« Reply #13 on: December 12, 2015, 07:29:31 AM »
I guess this would have to be considered a "belt" holster too.. :)
You will see it probably. We did after we passed our open carry. I try and steer to these where they would be better served however it seems that deafness comes standard when these rigs are worn in the metropolis cities. I think the cows are conspiring against me :P



http://m.dillonprecision.com/mcontent/p/9/pid/23865/catid/22/Mernickle_Holsters__039__Conceal_Carry_Performance_Series

Apparently I can't post a hyperlink. Guess I'm not trusted even with my reporting all the spam trolls