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by thetexan
Thu Dec 31, 2015 2:53 pm
Forum: General Texas CHL Discussion
Topic: Iwb and open carry
Replies: 10
Views: 2535

Re: Iwb and open carry

Man this is irritating...not you op but the subject. Even I have made a point of straining at a gnat on this subject just to be sure I get it right.

So after much research and talking to many people here is what I can say...with absolute certainty.

If you run across anyone who tells you that a 'belt holster' means it has to be attached to a belt or have a belt looped thru it or has to be this or be that YOU ARE TALKING TO SOMEONE WHO DOES NOT KNOW WHAT THEY ARE TALKING ABOUT.

There IS NO definition as to what a belt holster means when it is used in the statute. No interpretation. Well, that's not true. Let me illustrate with a religious analogy...ASSUMING whatever is true about God and Jesus and the gospel IS TRUE (I am a firm believer and Christian but I am stating this way for effect)...that would mean that that truth IS THE TRUTH...and just because there are 5000 different versions of what the truth is doesn't mean there IS 5000 different versions of the truth. It just means one version (maybe) is right and every other one is wrong. Making that same assumption, only one can be THE ACTUAL TRUTH, the rest are simply excursions from THE TRUTH (if it IS true).

Just because we have 500 different peace officers, chlers, people of various persuasions tell us what a belt holster is, here is THE TRUTH...

The statute doesn't stipulate anything more than 'a belt holster' AND...AND....A N D......there is no, not one, none...official interpretation of what that is. No case law, no standard, no AG opinion, nothing, that I can find...and I have looked hard.

Except this...the holster industry does differentiate belt holsters from paddle holsters in the marketing of their products. Whether that, in and of itself, establishes a definition has not been established.

If we throw in some common sense into this ubiquitous debate, (which almost always has the effect of muddying the waters) it would dictate that a holster, paddle or belt, that depends on a belt for support and is located at the belt line would qualify as fulfilling the requirement of the usage in the statute. But I digress....

THERE IS NO DEFINITION BEYOND THE USE OF THE TERM 'Belt holster'.

I had a retired peace officer who owns a gun supply shop almost refuse to sell me a paddle holster because 'the belt MUST be looped thru the holster!!!'. And he said he and many others were taught that at a meeting of peace officers at a organization you might recognize. This is the unnerving part for me in that we have some, not all, but some who are embracing this dogma in the face of a lack of actual definition.

So we have interpretation on top of guesswork, on top of preference. None of which has any validity except in that whether you get arrested or not is in the hands of a peace officer who has his own idea (official or otherwise) of what the law says regarding these holsters.

I have come to conclude that the difference is not a factor and, for me, nothing to worry about.

But......there is no definition, official interpretation or opinion.

tex

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