Belt Holster vs Paddle Holster

[DonFromTexas]

Maybe it has been resolved, but I read until my brain was full, and never found an answer. I do not wear a belt, ever. I have a paddle holster that goes over my waist band like there was a belt there. Is this going to pose a problem or am I good to go with my Fobus on my waistband? I CAN put a belt in it, let it hang down very low for fast draw if that is what they want.

[Pawpaw]

Since there is no case law to go by, you're on your own.

I wish you the best of luck.

[DonFromTexas]

I was hoping that perhaps someone had asked the authorities for clarification of the issue.

[jb2012]

I'm going to guess that it would be fine, but I am clearly not a lawyer. I believe that the writers of the law wanted to make sure that people weren't just "open carrying" their guns by holding them, therefore restricting them to a holster. So to make things even clearer they wrote it as belt holster, that way some jack-wagon couldn't walk around carrying his gun in his hand with a holster on it, and claim that it was in a holster. If I had a paddle holster and wanted to use it, I wouldn't think twice about it, your gun is still secured in a retention device on your waist.

[Oldgringo]

I was hoping that perhaps someone had asked the authorities for clarification of the issue.

Don't ask, don't tell....

[jb2012]

also, I lied. I would think twice about carrying a paddle holster in Austin and cities of the like until it is clarified. They are going to use any excuse they can to give you a free ride to the police station.

[mojo84]

I suspect as long as it's in a holster and secured in your waistband you should be fine.

[rotor]

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.

[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.

[DonFromTexas]

Thanks everyone for their comments! I think I will not OC that much anyway, but will use the paddle holster on my waistband (which is actually an elastic belt if one wanted to argue I think). As stated, it would take a pretty petty person to consider that a violation of any law.

[rotor]

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.

[mojo84]

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.

[Pariah3j]

If it's a 'belt holster' when worn with a belt, why wouldn't it be a 'belt holster' if it can be worn in the same manner without a belt ? The law says nothing about having to have a belt...

[rotor]

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?