View Full Version : Belt Holster

bon homme richard
01-28-2011, 10:44 AM
Does an M-7 tanker's shoulder holster qualify as a "belt holster" for purposes of open carry? It's a holster, and it has a belt. The belt goes around your chest, sure, but it's a belt. Whaddya think?

01-28-2011, 10:47 AM
The 'belt holster' is an example, not a requirement, of a legal way to carry a handgun unconcealed.

01-28-2011, 10:47 AM
Nothing states OC has to be around the waist.

bon homme richard
01-28-2011, 12:59 PM
Nothing states OC has to be around the waist.

Thanks BKinzey -- I agree.

Librarian: It's always tricky to determine whether something in a statute is illustrative or exclusive.

Penal Code 12025(f) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

Dreaded Claymore
01-28-2011, 1:52 PM
I agree that this would be a legal way to carry a gun openly. But IANAL.

01-28-2011, 2:25 PM
From here: (http://www.ninehundred.com/~equalccw/knifelaw.html)

Part 25(d) applies to "dirks or daggers" that must be open carried. It is VERY confusing in that it is an example of legal open carry, but not the only possible "recipe".
I know of one case in which a guy was at a public event in costume, and was legally open carrying a bunch of cutlery as part of the costume. Without going into details, let me say that the circumstances were appropriate and nobody was threatened in any way. He had a legally-open-carry sword, another belt knife, a belt pouch, and due to the type of jacket worn he ran out of open-carry belt "real estate". So he specially mounted his last double-edge dagger on his ankle, completely visible (not shoved down the boot or up under the pants cuff). For this, he was charged with felony concealed carry of a dirk or dagger. The DA tried to paint 25(d) as a "waist area requirement" - but as I pointed out to his public defender, it's an example of what's legal but not a strict requirement. As a result, this guy was fully acquitted at a jury trial and has no criminal record to this day.

Here, Jim is talking about the open carry of fixed blade knives, which have a very similar clause saying that a knife openly displayed in a sheath on a belt is not concealed.
This would be a good precedent for firearms, for which (AFAIK) there is no case law.