The definition of shoulder or belt holster...

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ScottDLS
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Re: The definition of shoulder or belt holster...

Post by ScottDLS »

Salty1 wrote:theTexan hit the nail on the head, as of yet we do not really know what type of enforcement will become the operating procedure for each PD in each area. What I do understand is that if a certain area decides a certain holster does not meet the definition as they see it then it will cost a lot of money to defend it. I do wonder what the charge would be if it was decided that the holster did not meet their definition and one was arrested for it.......
I think it would be 46.02 UCW. If you are not carrying IAW with the manner prescribed by the Handgun License (i.e. not in a holster) then you don't get the Defense/Non-Applicability offered by 46.15.

My take on what is a belt/shoulder holster is it's one that could easily go on a belt or shoulder rig, regardless of whether it is, in fact, on one or not. I have an Uncle Mikes with a belt clip that I clip to my pants sometimes without a belt.

I believe the intent of the holster language was to keep people from open carrying in their hand or stuffed down their "drawers" while still visible. Sure, the proverbial bad cop/prosecutor combination can jam you up for anything they want... I mean who knew it was a felony for a Texas governor to veto a bill...? Meanwhile, forgive me when I don't curl up on the floor crying on 1/1/2016 in contemplation of the evil county DA's. :mrgreen:
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AJSully421
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Re: The definition of shoulder or belt holster...

Post by AJSully421 »

OK, so I get why they made the holster thing, because they didn't want people OCing by carrying a gun in their hands at all times and "being threatening".

So, in 2017 change "Shoulder or belt holster" to just plain "Must be carried in a holster".

Definition of a holster:" For the puropses of this section, a holster is an item made of leather, polymer, or any other material which is specifically designed or that may be used to carry a handgun on or about one's person."

Under this definition. so long as it holds a pistol, it is legal... even the flip flop.
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jmra
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Re: The definition of shoulder or belt holster...

Post by jmra »

AJSully421 wrote:OK, so I get why they made the holster thing, because they didn't want people OCing by carrying a gun in their hands at all times and "being threatening".

So, in 2017 change "Shoulder or belt holster" to just plain "Must be carried in a holster".

Definition of a holster:" For the puropses of this section, a holster is an item made of leather, polymer, or any other material which is specifically designed or that may be used to carry a handgun on or about one's person."

Under this definition. so long as it holds a pistol, it is legal... even the flip flop.
OC may be so old hat by then that no one cares. I just don't believe it's going to take the state by storm like so many others seem to believe.
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CleverNickname
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Re: The definition of shoulder or belt holster...

Post by CleverNickname »

jmra wrote:
AJSully421 wrote:OK, so I get why they made the holster thing, because they didn't want people OCing by carrying a gun in their hands at all times and "being threatening".

So, in 2017 change "Shoulder or belt holster" to just plain "Must be carried in a holster".

Definition of a holster:" For the puropses of this section, a holster is an item made of leather, polymer, or any other material which is specifically designed or that may be used to carry a handgun on or about one's person."

Under this definition. so long as it holds a pistol, it is legal... even the flip flop.
OC may be so old hat by then that no one cares. I just don't believe it's going to take the state by storm like so many others seem to believe.
I think a few years down the road, changing "shoulder or belt holster" to "holster" will be pretty non-controversial and could easily be included as part of another pro-gun bill.
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