thetexan wrote:I originally wanted to know if we had reached a consensus and we haven't.
The bottom line is this...
1. Lot's of guessing
2. Lot's of assuming
3. Lot's of making determinations based on guessing and assuming
4. Lot's of willingness to bet one's possible conviction on the defense of "common sense" in a world where prosecutors take pride in their convictions.
Of course, I asked for it. Since a consensus of the forum doesn't determine the actual legal definition. I just thought someone might have gotten some insight on the subject.
The reason this might be an important point is this. It is almost certain that a not a few persons might have to explain their openly carried firearm to a LEO who is responding to a MWAG report. The close scrutiny of the LEO in the course of doing his investigation will most probably bring close scrutiny to all aspects of the situation including whether the holster meets requirements.
No, under normal circumstances no will will notice the difference between a belt and paddle holster, of course. It's when a LEO starts taking careful interest in you, your gun, and your holster, that it might be an issue. I would think that at that very moment you would want to be in compliance especially if there is an accepted difference between the two.......as the holster industry seems to think there is!!!!!
And yes, if I don't feel comfortable with the ambiguity I will use a belt holster. I would prefer the paddle holster, and thus the question.
tex
Have you considered contacting Senator Estes' or Rep. Phillips office to see if they can offer some clarification for you? That may prove more comforting than asking on here.
Just be prepared, you may get a similar answer as to what you've received here.