From what was said at the instructor class in January, DPS believes, after consulting with the AG's office, that a belt holster is one that is actually attached to a belt, whether it is described as a belt holster or not. For examples, a tactical holster that is not directly attached (uses straps) to a belt is a no-go. Putting your firearm in a "belt" holster and laying it on the passenger seat is a no-go. Putting it in a cup and using duct tape to create a belt is a go.Jusme wrote: ...
I too am sorry for the ALS diagnosis. but to answer your question, any device which substitutes for your legs, would be considered part of your body. That's why wheel chairs, motorized or manual, are subject to the same traffic laws as pedestrians and are given the same right of way consideration. While it would probably have to be decided in court, since you have a legitimate medical condition which requires the use of the scooter, it should be looked upon the same as if it were your body, regarding OCing a handgun. IANAL but I would think it would be a difficult sell for you to be prosecuted, for doing so. Since the law, whether intentionally or inadvertently, simply states that the gun must be in a belt or shoulder holster, the exact location of said belt holster is open for interpretation. JMHO and should not be taken for legal advice.
Best of luck to you, and I hope you are able to keep the great attitude and sense of humor for a long time.
Yes, I know. At several town hall meetings police chiefs and sheriffs stated tactical holsters were fine. That's not the official DPS instructor take.
So I guess, if the scooter is substituting for legs, a belt would have to be wrapped around the basket and the holster attached.