Some will tell you that it is, some will argue that it isn't. I had one guy tell me that if a prosecutor could go online and look up your particular OC holster and be able to show a jury that the holster that you are OCing with does not say "BELT HOLSTER" in the name, that holster is not going to pass muster.
Others have said if it attaches or connects to a belt in any fashion, then it is a belt holster. So, according to their logic, you could OC with an ankle holster with a piece of string running up to your belt and that would be legal... after all, it is nothing more than a very long drop leg.
Then there are those of us in between who honestly have no idea, and neither does anyone else.. because what is a belt or shoulder holster is not enumerated in the law. The purpose of the language came from Oklahoma where they were afraid that people would be carrying a gun in their hands and saying it was Open Carry, so they passed the law about having it in a holster.
We need to push to get the wording fixed to say "Must be carried in a holster", and then define a holster as "Any item that is designed to or may be used to carry a handgun on or about one's person." That covers any possible thing to carry a gun... even something as insane as a running a string through the trigger guard and hanging it around your neck.. at least there is a definition and all of us know what the rules are at that point. None of this ambiguous junk like what we have now.
Truthfully, it is possible that some cop acting under unlawful orders of their liberal chief could arrest you for having some holster that they did not like.
In that same vein, any cop could arrest you for OCing under PC 42.01(a)(8) at any time in public and then let it all come out in the wash. Unlikely in most places, but not out of the realm of possibility in the 5 big blue counties.
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- by AJSully421
- Sun Nov 15, 2015 9:02 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Open Carry Belt Holster...
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