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Iwb and open carry

Posted: Thu Dec 31, 2015 1:41 pm
by Tech47502
Is it legal to carry IWB openly or do I need an actal OWB holster?

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 1:50 pm
by oljames3
Tech47502 wrote:Is it legal to carry IWB openly or do I need an actal OWB holster?
This is not settled. You should be conservative until you can ascertain how your PD will enforce the law.

In most of the presentations I have watched or attended, law enforcement has said that IWB is legal. However, some have not. I have personally discussed this with the chiefs of my city and they say its OK.

While carrying in an IWB outside of Tucson, AZ, last summer, a non-native asked me why I was not using a holster. This possibility for confusion among non-carriers causes me to be cautious when using my IWB for carrying openly.

Personally, I will use my new OWB for most of my open carrying because it is more comfortable. When at work, I'll conceal (using my IWB) as my employer requires. On the way home, I'll tuck my shirt behind the pistol. If I stop anywhere on the way, I'll untuck to cover the pistol. Once in my city, I'll know what the PD enforces.

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 2:02 pm
by mojo84
I see no problem carrying in an IWB holster that partially exposes the handgun. There is nothing in the law that I can find that makes this ambiguous as long as it is in a belt or shoulder holster.

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 2:11 pm
by NotRPB
I bought some Level 2 and Level 3 OWB holsters, however I still feel my IWB level 1 holster is as secure or more secure than the others,

So, i might do a "VIRGINIA TUCK" https://www.google.com/search?q=Virgini ... 8&oe=utf-8 to open carry in my IWB BELT HOLSTER where required ... which in Some States may not be legal, but my IWB holster is indeed a belt holster as required by Texas Law. My IWB holster attaches to my belt with both clip and Velcro

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 2:26 pm
by txglock21
When I googled "Virginia tuck", all I got a bunch of pictures of women named Virginia Tuck. :shock: "rlol"

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 2:53 pm
by thetexan
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

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 3:04 pm
by T.Chaney
This is exactly why I will continue to conceal for the time being.Different LEOs have different feelings on open carry,hell for that matter any carry at all.When the dust settles I feel like I'll have a better grasp on the situation.I'll probably O/C in my hometown some,but when traveling out of town conceal.1 thing is for sure.I will always be carrying and am thankful to have the right,even if I do have to pay for it. :evil2:

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 4:21 pm
by denwego
The IWB holsters I have for my 1911 and Glocks are this model by Blackhawk, which I adore:

http://www.blackhawk.com/Products/Holst ... lster.aspx

It's held onto the belt by a leather loop, just the same as my OWB Galco holsters. Inside versus outside pants makes no difference to me come tomorrow... a belt holster is a belt holster. In particular, I may be carrying with that IWB concealed on a given day, but when I get in the car, I'd tuck my shirt behind the gun to keep it from digging into my side.

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 8:04 pm
by Kadelic
I have been curious of other opinions on this and I'm thankful for this discussion. In my non-professional and obviously untested opinion this is a non-issue. I have already considered using my normal CC IWB holsters but not having to worry about maintaining concealment at all times. Not that I would intentionally reveal, but there have been times I've accidentally revealed and got really nervous until I realized nobody was the wiser. For most intents and purposes I will continue to carry concealed. I have purchased a new OWB holster specifically for OC, but will probably not use it very often, at least not until the newness of OC wears off quite a bit. One scenario I can see where I end up OC'ing with an IWB holster is when I'm using a jacket as concealment but want to remove it for whatever reason, like being seated at a restaurant. As long as the handgun is holstered I can't see how IWB or OWB makes a difference.

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 9:39 pm
by oljames3
Kadelic wrote:I have been curious of other opinions on this and I'm thankful for this discussion. In my non-professional and obviously untested opinion this is a non-issue. I have already considered using my normal CC IWB holsters but not having to worry about maintaining concealment at all times. Not that I would intentionally reveal, but there have been times I've accidentally revealed and got really nervous until I realized nobody was the wiser. For most intents and purposes I will continue to carry concealed. I have purchased a new OWB holster specifically for OC, but will probably not use it very often, at least not until the newness of OC wears off quite a bit. One scenario I can see where I end up OC'ing with an IWB holster is when I'm using a jacket as concealment but want to remove it for whatever reason, like being seated at a restaurant. As long as the handgun is holstered I can't see how IWB or OWB makes a difference.
"As long as the handgun is holstered I can't see how IWB or OWB makes a difference."

I have, in an other state, been asked why I was not using a holster when I was carrying in IWB. This possible confusion makes me think that the risk of the uninitiated or the antis calling 911 to report MWAG carrying with the pistol stuck in the waistband is too high for me. Your risk analysis may vary.

I know that in my town IWB will be OK. I'll continue to conceal IWB at work in Austin. After work, I'll tuck my shirt behind the pistol for the drive home. I don't usually stop until I get back to my city.

Happy New Year! :thewave
:txflag:

Re: Iwb and open carry

Posted: Thu Dec 31, 2015 9:56 pm
by Kadelic
oljames3 wrote:"As long as the handgun is holstered I can't see how IWB or OWB makes a difference."

I have, in an other state, been asked why I was not using a holster when I was carrying in IWB. This possible confusion makes me think that the risk of the uninitiated or the antis calling 911 to report MWAG carrying with the pistol stuck in the waistband is too high for me. Your risk analysis may vary.
I meant in terms of the letter of the law, not the perception of observers. Good point regarding the risk of IWB OC possibly being perceived as somehow more sinister that OWB OC. I don't imagine I'll be on the leading edge of testing out these new frontiers either. :tiphat:

Happy New Year! :txflag: