TexasCHLforum.com

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.

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

I wish you the best of luck.

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

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.

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

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

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.

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

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.

rotor wrote: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.

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.

locke_n_load wrote:

rotor wrote: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.

rotor wrote:

locke_n_load wrote:

rotor wrote: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.

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...

mojo84 wrote:

rotor wrote:

locke_n_load wrote:

rotor wrote: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?