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Technically, I don't think it would qualify. However, in practicality, I don't think it would be an issue. (not advising you to risk it though)

I carry my Colt Mustang in my back pocket inside my Tagua leather holster, http://www.taguagunleather.com/index.ph ... uct_id=728" onclick="window.open(this.href);return false; , with the belt clip removed. It is designed to to be a belt holster but it works fine as a pocket holster. The very top of my pocket doesn't close and cover it completely. However, it isn't discernible to the average Joe out there. I've been in line in front of cops at a local restaurant and nothing was said.

My claim would be the holster since designed to go on a belt would suffice since the gun isn't any easier to remove than it would be in a belt holster on the belt.