Belt Holster vs Paddle Holster

[AJSully421]

When you have a holster on your ankle it is usually attached with a belt (usually Velcro) around the ankle. The law does not say "waist belt" or pants belt. Also, why would one carry open around the ankle?? Just saying.

I am not an attorney and this is not legal advice.

I was trying to come up with an example that was so outlandish that the officer that I was emailing would have to address the hypothetical situation.

[AJSully421]

I feel the need to share this. I wrote an email to my local PD's designated PR officer and asked about this exactly, specifically paddle and drop leg holsters.

The officer replied that if a holster is on or near the belt line or chest/shoulder area, then you will be fine. I asked specifically if they saw someone carrying in an inappropriate manner ( I used the example of OCing in an ankle holster) would they be arrested. He related it to the last legislative session where "no cell phones in school zones" law went into effect, he said they spent the first couple of months just warning drivers and not writing tickets. He said that he could not see an officer arresting a licensed carrier just because they were carrying in a holster that was less than legal. He said the officer would contact you and would let you know and ask if you could carry it concealed or tuck it in your waistband until you get back to your vehicle or something, and that only if you refused would you be subject to arrest.

Will Austin PD give you that leeway? Probably not. But based on the video from Harris County, it looks good for most of us.

If you have a paddle, carry with it until a cop tells you not to. If you go 30 years and a cop never tells you not to... then who cares?

You also might try to send an email to your local DA, and maybe include the hyperlink to that Harris county video with a time stamp to have them hear the most populated county in Texas' DA say that the type of holster worn on or near the belt is a non-issue... it does not create legal precedence, but it can only help.

Where is the video from Harris County found?

https://www.youtube.com/watch?v=JQGrM_vOH7w

Interesting parts at: 29:00 - 30:27 and 52:50 - 55:30

[locke_n_load]

A holster not on a belt is not a belt holster as far as I am concerned. Try to convince a jury that your waistband holster is a belt holster. I wouldn't take a chance until the legality is cleared. Buy a belt.

I think most cops and DAs have better things to do other than try to prosecute someone with a paddle holster and no belt. Most cops don't know the law that well anyways, and as long as it's in a holster on your hip or shoulder, it shouldn't be an issue. The DPS training slides also show a paddle holster on someone's hip, denoting a retention holder.

I have a paddle holster and am going to OC in Houston. It will not be an issue. Cheers.

You may very well be right but come Jan 1, 2016 I would think that the smarter thing to do is to wear a belt with a belt holster. At least until the novelty of OC wears off. Somewhat like speeding and going 2 mph above the limit- you just don't know if you will be stopped.

A paddle holster is a belt holster. His question is whether or not a belt is required.

I know what a paddle holster is and I know what a belt is and I answered this above. I would think that if you wear a paddle holster without a belt it is not a belt holster. I suggested the OP get a belt. If you wear a paddle holster as an ankle holster it is not legal OC. Why are we making this so hard? The average person I believe thinks that a belt holster will need a belt. This is like the 30.06 sign that is 7/8" instead of 1". Why push your luck?

I walk past incorrect and/or unenforceable 30.06 signs when I see them. I would not hesitate to wear my paddle holster without a belt either (other than it really helps keep my pants up). I "push my luck" so to speak because I like having a fighting chance, even if I forgot my belt that day.

I agree that technically you are correct and can walk past those unenforceable signs now and you get away with it because you are concealed and have not had to use the argument in court to avoid prosecution. Will you try it open carry if the 30.07 is 7/8" and not 1"? We are all making too much of this whole issue. I personally won't take the risk of a legal encounter. Your choice if you want to take the chance. Someone else can pay the attorney fees to decide the issue if it goes to court.

"And get away with it" - If I have not broken the law, then I am not getting away with anything.
I might actually walk past a non-compliant 30.07 sign too while OCing, and leave when asked, and give them the good ol' 2nd amendment business card and leave (in actuality I won't do this, no need to get people upset at scary guns). It will be a class C misdemeanor anyways, if it were a proper sign, and a cop would have to come out and give me a ticket, not that I would walk past a legal, enforceable sign. No attorney fees if the DA has nothing to prosecute with improper signs.

"We are all making too much of this whole issue" - I am actually saying that the belt or paddle issue is no issue at all.

EDIT: And sometimes, every once in a while, I have a pair of pants that fit and stay on without a belt! But then they don't fit with my IWB holster! Choices choices!

[flechero]

It doesn't need to ride on a belt to be a belt holster... just like a pocket holster doesn't have to be in a pocket to be a pocket holster.

I thought it was Charles that said the intent was to prevent "mexican carry" with no holster at all.


A belt makes the whole rig better. So, why not just wear a (flimsy and thin ,if you prefer) belt, to eliminate any doubt?

[Oldgringo]

[mojo84]

Are you saying horsehide is best for belts and holsters?

[C-dub]

IBTL

[txglock21]

For those of us with "Dunlaps' Disease", this is a non issue.

[Pawpaw]

For those of us with "Dunlaps' Disease", this is a non issue.

I haven't reached that point yet although I do have a spare tire and I appear to be running Mickey Thompsons.

[twomillenium]

I feel the need to share this. I wrote an email to my local PD's designated PR officer and asked about this exactly, specifically paddle and drop leg holsters.

The officer replied that if a holster is on or near the belt line or chest/shoulder area, then you will be fine. I asked specifically if they saw someone carrying in an inappropriate manner ( I used the example of OCing in an ankle holster) would they be arrested. He related it to the last legislative session where "no cell phones in school zones" law went into effect, he said they spent the first couple of months just warning drivers and not writing tickets. He said that he could not see an officer arresting a licensed carrier just because they were carrying in a holster that was less than legal. He said the officer would contact you and would let you know and ask if you could carry it concealed or tuck it in your waistband until you get back to your vehicle or something, and that only if you refused would you be subject to arrest.

Will Austin PD give you that leeway? Probably not. But based on the video from Harris County, it looks good for most of us.

If you have a paddle, carry with it until a cop tells you not to. If you go 30 years and a cop never tells you not to... then who cares?

You also might try to send an email to your local DA, and maybe include the hyperlink to that Harris county video with a time stamp to have them hear the most populated county in Texas' DA say that the type of holster worn on or near the belt is a non-issue... it does not create legal precedence, but it can only help.

Where is the video from Harris County found?

https://www.youtube.com/watch?v=JQGrM_vOH7w

Interesting parts at: 29:00 - 30:27 and 52:50 - 55:30

Thanks, that is Houston PD, I thought there was on from Harris County Sherriff's Dept. There is a HUGE difference between the two.

[Oldgringo]

Are you saying horsehide is best for belts and holsters?

Yes, among other things.....

[DonFromTexas]

In my case my trousers do not have belt loops, so wearing a belt makes me appear rather stupid I think. The belt then becomes a gun belt worn like the old west systems. Might not be so bad actually, I could carry spare ammo in those little loops and really play the part!

It doesn't need to ride on a belt to be a belt holster... just like a pocket holster doesn't have to be in a pocket to be a pocket holster.

I thought it was Charles that said the intent was to prevent "mexican carry" with no holster at all.


A belt makes the whole rig better. So, why not just wear a (flimsy and thin ,if you prefer) belt, to eliminate any doubt?

[AJSully421]

I feel the need to share this. I wrote an email to my local PD's designated PR officer and asked about this exactly, specifically paddle and drop leg holsters.

The officer replied that if a holster is on or near the belt line or chest/shoulder area, then you will be fine. I asked specifically if they saw someone carrying in an inappropriate manner ( I used the example of OCing in an ankle holster) would they be arrested. He related it to the last legislative session where "no cell phones in school zones" law went into effect, he said they spent the first couple of months just warning drivers and not writing tickets. He said that he could not see an officer arresting a licensed carrier just because they were carrying in a holster that was less than legal. He said the officer would contact you and would let you know and ask if you could carry it concealed or tuck it in your waistband until you get back to your vehicle or something, and that only if you refused would you be subject to arrest.

Will Austin PD give you that leeway? Probably not. But based on the video from Harris County, it looks good for most of us.

If you have a paddle, carry with it until a cop tells you not to. If you go 30 years and a cop never tells you not to... then who cares?

You also might try to send an email to your local DA, and maybe include the hyperlink to that Harris county video with a time stamp to have them hear the most populated county in Texas' DA say that the type of holster worn on or near the belt is a non-issue... it does not create legal precedence, but it can only help.

Where is the video from Harris County found?

https://www.youtube.com/watch?v=JQGrM_vOH7w

Interesting parts at: 29:00 - 30:27 and 52:50 - 55:30

Thanks, that is Houston PD, I thought there was on from Harris County Sherriff's Dept. There is a HUGE difference between the two.

While I am sure that is true, the Harris County DA was sitting there... so if the Harris County DA says something like a drop leg is perfectly fine, would it not follow that it would not matter if it was the HPD or HCSO who was calling the intake desk to ask about whether or not to arrest you?

[locke_n_load]

Are you saying horsehide is best for belts and holsters?

Haha. winning.

IBTL

Had to look that one up. Nice!

[thetexan]

However, I do believe you may wear a paddle holster attached to a belt that is slung over your shoulder and kill two birds (pardon the pun)......send two birds to the great bird cage in the sky!



tex