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UPDATE pocket holsters is this AOW holster or not

CHEVELLE427CHEVELLE427 Member Posts: 6,750
edited September 2010 in General Discussion
picked this up for my keltec 380 auction states this does not fall under the ANY OTHER WEAPON rule because the slide is exposed and it is not made to
not look like a gun.

looking for what is your opinion from the Leo's point of view and any hidden ATF here.

http://www.youtube.com/watch?v=C4o-jEcmp-U&feature=player_embedded
http://www.youtube.com/watch?v=m0T2e3upzig&feature=player_embedded
ALLPICONCAMERS.jpg


C&P
Up for auction is a shoot-through wallet holster for the Kel-tec P32 or P380. I began the process with a US - made Premium Grade Leather (Domestically Chrome Tanned, Finest Quality, "Struck-Through" in the Tanning Process- Brown all the way through). This leather is the finest quality you can buy. It is used in the making of motorcycle saddlebags. It is a heavy weight leather (8 - 9 ounce) and about 1/8" thick. Inside the holster is a piece of flexible industrial foam that fits perfectly to your Kel-tec to hold it tightly inside this holster. This foam is adhered to the leather with an industrial adhesive. I have added an extra finger hole for a better grip and to help improve accuracy. Three Chicago screws are added around the outside edge for extra support. If you have questions or would like more pictures, please email me at holsterpro@gmail.com. You may also watch my youtube video for more information. Thanks for looking.

ATFpg1.jpg

Comments

  • fideaufideau Member Posts: 11,895 ✭✭✭
    edited November -1
    I believe the criteria is that if it can be fired without removing from the "holster", it is illegal.
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    this is sold on GB AND other auction sites
  • MercuryMercury Member Posts: 7,840 ✭✭✭
    edited November -1
    Very gray area. The criteria (one, anyway) is that it is an AOW if you can fire it without removing it from the holster......and that one looks like you can. Another criteria is "does it look like a gun" which that does to me. I wouldn't carry this without the papers saying it was an AOW! Err on the side of caution when it come to the JBTs!!!!!!

    Merc
  • SCOUT5SCOUT5 Member Posts: 16,181 ✭✭✭✭
    edited November -1
    quote:Originally posted by fideau
    I believe the criteria is that if it can be fired without removing from the "holster", it is illegal.


    I've never heard or read this, but there is a lot I've never heard or read. Please expand on this.

    I can carry a gun in my coat pocket and fire through my coat, what's the difference? My rubber pocket holster doesn't cover the trigger of my J frame S&W and I can fire it in the holster, useless of course, unless maybe in a pinch the whole damn holster came out with the pistol.

    Somehow I am having trouble with the "illegal" part of this concept.
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    WELL I DECIDED TO GO STRAIGHT TO THE SOURCE.

    i called the local ATF here, the agent i talked to said this is not on the AOW list.

    AOW holsters were the type that made the gun a fixed part of the holster
    (had some type of screw that held the gun to the holster)
    and didn't look like a gun.

    he said as long as the slide is exposed and the gun is readily removable from the holster it is not an AOW.

    didn't say anything about being able to shoot through the holster but then again the barrel is not in the holster.

    HE DIDN'T HAVE MUCH GOOD TO SAY ABOUT A KELTEC .

    seemed very helpful and said any other questions just call,


    WHAT THE HELL IS THAT BLACK SUV DOING OUTSIDE oh crap it's
    JACK BAUER
  • n/an/a Member Posts: 168,427
    edited November -1
    High standard had an holster for their Derringer, the gun merely fit into the wallet and you could fire the gun without removing it. It was not attatched to the gun either. That wallet holster is illegal.

    If the ATF agents around you are like the ones in Tampa they dont know sand from applebutter.[:(][:(]
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    quote:Originally posted by Classic095
    High standard had an holster for their Derringer, the gun merely fit into the wallet and you could fire the gun without removing it. It was not attatched to the gun either. That wallet holster is illegal.

    If the ATF agents around you are like the ones in Tampa they dont know sand from applebutter.[:(][:(]


    called them first to get the local number the one i had was not in service, an agent from Tampa is suppose to call me also, lets see what he says?
  • n/an/a Member Posts: 168,427
    edited November -1
    I call them a few times a year. I have never gotten a direct answer to any questions I have posed to them. It is "I will have to look it up in the book" Couple months later it is "We dont have that specific information at this time"

    I give Concealed classes and the laws are constantly being modified and Sometimes Fed Law conflicts with local law. Dont want to tell people the wrong information. That is why I call them, anytime I get alerted by the state of a change in gun laws, I need to check any conflicting information..
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    quote:Originally posted by Classic095
    I call them a few times a year. I have never gotten a direct answer to any questions I have posed to them. It is "I will have to look it up in the book" Couple months later it is "We dont have that specific information at this time"

    I give Concealed classes and the laws are constantly being modified and Sometimes Fed Law conflicts with local law. Dont want to tell people the wrong information. That is why I call them, anytime I get alerted by the state of a change in gun laws, I need to check any conflicting information..


    THIS AGENT SOUNDED LIKE HE HAD ANSWERERS

    he even said he had a few holsters in his desk that were AOW , said it sounds like IT IS NOT AN AOW and i responded (YET)

    i liked the part were he asked why carry a 380, i told him it was for the hot days here were your T shirt doesn't hide my 45, he also said he has been doing this long enough he can tell most of the time if a person is carrying or not, most don't pay attention to printing or covering it up well enough.

    should have said the DESERT EAGLE 50 was too heavy to carry
  • Spider7115Spider7115 Member Posts: 29,704 ✭✭✭
    edited November -1
    I e-mailed ATF about that exact holster last year. They had to send it to their enforcement department but finally got back to me in about a week. Their answer was that the holster itself is not illegal UNLESS you put a gun in it! (Ummmm...why else would you want it?) It then becomes a disguised weapon since you can fire it without removing it from the holster and therefore falls under the AOW category.
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    quote:Originally posted by Spider7115
    I e-mailed ATF about that exact holster last year. They had to send it to their enforcement department but finally got back to me in about a week. Their answer was that the holster itself is not illegal UNLESS you put a gun in it! (Ummmm...why else would you want it?) It then becomes a disguised weapon since you can fire it without removing it from the holster and therefore falls under the AOW category.


    great RT hand has no clue what the LF hand is doing

    more gov crazy snit, if i put it in a holster to protect it its BAD if i put the gun in my pocket it's GOOD .
    what difference does it make ,
    if i shoot someone in or out of a holster shot is still shot.

    hell it is easer to shoot the gun out of the holster then in it
  • Spider7115Spider7115 Member Posts: 29,704 ✭✭✭
    edited November -1
    quote:Originally posted by CHEVELLE427
    quote:Originally posted by Spider7115
    I e-mailed ATF about that exact holster last year. They had to send it to their enforcement department but finally got back to me in about a week. Their answer was that the holster itself is not illegal UNLESS you put a gun in it! (Ummmm...why else would you want it?) It then becomes a disguised weapon since you can fire it without removing it from the holster and therefore falls under the AOW category.


    great RT hand has no clue what the LF hand is doing



    Duhhhh...We're talking about government employees here! [:D]
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    i just sent them an email also with a pic from the dealers web site , lets see what im told this time
  • fishermanbenfishermanben Member Posts: 15,370
    edited November -1
    Document your coversation.

    # you called. Time you called. Person you talked to.

    Ben
  • hehatemehehateme Member Posts: 724
    edited November -1
    What about those slide clip things for Glocks? They snap to the slide, and you just unclip it from your belt, and fire; it doesn't come off of the gun, so you are firing it without "Removing it from a holster." May be apples and oranges, but seems similar circumstances to me.
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    quote:Originally posted by fishermanben
    Document your coversation.

    # you called. Time you called. Person you talked to.

    Ben


    good point
  • fideaufideau Member Posts: 11,895 ✭✭✭
    edited November -1
    I haven't looked for it but I've read about these things either in ATF manuals or newsletters. The "wallet" type covers disguise the gun by hiding it's shape. It's OK as long as there is no way to fire it inside the holster as I stated above. Yes it's dumb, but it's ATF.
    Thanks to montanajoe I have a buckle that holds a mini revolver.
    It's not legal to wear it with the gun attached though. OK, looked up the ATF newsletter and it does say the belt buckel gun is AOW too. Further, I wouldn't trust an ATF agent's advice without seeing it in print.
    I would not carry the one pictured myself.
    Also in above ex. you could pay the fee and register as AOW of course.
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    guess if i got the laser for it , it would be the same size as in the wallet, sq shape,
    then it would set right in the back pocket or frt,
    it would still look like a wallet to the bad guy asking for it,
    so reach into the back pocket and let him have it.

    then no questions about is or is not an
    AOW.

    UNLESS ATF RESPONDS TO MY EMAIL STATING DIFFERENT
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    The issue is the definition of a Pistol which is commonly held to have a "single downward grip". When you put them in a "wallet" holster that it can be fired from it no longer has a "single downward grip". So if you took a $10 UM pocket holster where the grip still sticks out and made it so you could fire your gun that would NOT be an AOW since it still has the "single downward grip".

    Another example is the Pen guns. IF the gun can be fired while the pen is straight it = and AOW. IF the gun has to be rotated creating a grip before it can be fired it = pistol.


    Here is some reading on what is what,
    http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-2.pdf
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    quote:Originally posted by Nwcid
    The issue is the definition of a Pistol which is commonly held to have a "single downward grip". When you put them in a "wallet" holster that it can be fired from it no longer has a "single downward grip". So if you took a $10 UM pocket holster where the grip still sticks out and made it so you could fire your gun that would NOT be an AOW since it still has the "single downward grip".

    Another example is the Pen guns. IF the gun can be fired while the pen is straight it = and AOW. IF the gun has to be rotated creating a grip before it can be fired it = pistol.


    Here is some reading on what is what,
    http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-2.pdf






    THE ATF GUY did bring that up on the pen gun
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    quote:Originally posted by fideau

    Thanks to montanajoe I have a buckle that holds a mini revolver.
    It's not legal to wear it with the gun attached though.



    So it it one that the gun can be fired from the buckle? I thought on all the buckle holsters the gun had to be removed to be used. Am I wrong?
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by Mercury
    Very gray area. The criteria (one, anyway) is that it is an AOW if you can fire it without removing it from the holster......and that one looks like you can. Another criteria is "does it look like a gun" which that does to me. I wouldn't carry this without the papers saying it was an AOW! Err on the side of caution when it come to the JBTs!!!!!!

    Merc



    You can fire many handguns while they are still in the holster...would these all be AOW's too.?.?
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    quote:Originally posted by CHEVELLE427
    quote:Originally posted by Nwcid
    The issue is the definition of a Pistol which is commonly held to have a "single downward grip". When you put them in a "wallet" holster that it can be fired from it no longer has a "single downward grip". So if you took a $10 UM pocket holster where the grip still sticks out and made it so you could fire your gun that would NOT be an AOW since it still has the "single downward grip".

    Another example is the Pen guns. IF the gun can be fired while the pen is straight it = and AOW. IF the gun has to be rotated creating a grip before it can be fired it = pistol.


    Here is some reading on what is what,
    http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-2.pdf






    THE ATF GUY did bring that up on the pen gun


    My point being it is a grip issue not an exposed slide, fixed to the gun, or not looking like a gun issue. It is a doesnt meet the ATF definition of a pistol because of lack of a grip.
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by fishermanben
    Document your coversation.

    # you called. Time you called. Person you talked to.

    Ben



    +1
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    from another form.

    quote: NO, it isn't an AOW.

    If it covered the slide it would be, but it doesn't.

    See this:
    http://www.concealmentconcepts.com/pocketpal.htm
  • yblockheadyblockhead Member Posts: 947 ✭✭✭
    edited November -1
    Clasic095,
    email sent.
  • proappproapp Member Posts: 3,264
    edited November -1
    pay the $5.......
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    quote:Originally posted by CHEVELLE427
    from another form.

    quote: NO, it isn't an AOW.

    If it covered the slide it would be, but it doesn't.

    See this:
    http://www.concealmentconcepts.com/pocketpal.htm



    HHHHMMMM interesting.

    From the website "The gun actually shoots above the holster, not through it, and does not conceal the fact that is a gun once it is drawn.
    It is actually considered a modified grip, and therefore, it does not fall into the AOW category".

    My understanding after years of reading on the internet (were everything is true [}:)] ) that the problem is with the lack of a "single downward grip".

    I see they keep saying it is not an AOW, but dont provide any proof. IF I was to buy a holster like this (or be the maker of one) I would want a letter from the ATF stating that it was not an AOW. Of course the ATF changes it mind all the time but at least you have some initial PROOF.

    We can talk all day about what this is or isnt based on our understandings but the only one that can confirm or deny it is the ATF.
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    i have sent 2 holster makers asking for that info and sent ATF an email asking about it as well, so far i have not heard back from Tampa , called them yesterday
  • beantownshootahbeantownshootah Member Posts: 12,776 ✭✭✭
    edited November -1
    Being able to fire a gun through a holster does NOT make it an AOW

    In fact, there are plenty of perfectly legal, perfectly conventional holsters where you can fire the gun through the holster.

    Its an AOW if the holster makes the gun look like something OTHER than a gun **AND** you can fire it inside the holster.

    In other words, a "wallet holster" that looks exactly like a wallet and lets you fire the gun from inside of it, is an AOW. If you encase your gun in a suitcase and can fire it with a button on the outside of the gun, that's an AOW, etc.

    This thing is NOT an AOW, since when holding it in a shooting position, its obvious to any onlooker that you are holding a gun.
  • Dean CascioDean Cascio Member Posts: 2,301 ✭✭✭✭✭
    edited November -1
    Where can I get one?
    Dean
  • beantownshootahbeantownshootah Member Posts: 12,776 ✭✭✭
    edited November -1
    quote:Originally posted by ME
    Being able to fire a gun through a holster does NOT make it an AOW

    In fact, there are plenty of perfectly legal, perfectly conventional holsters where you can fire the gun through the holster.


    Any by sheer coincidence, there is a whole other concurrent thread on a holster like this!

    http://forums.gunbroker.com/topic.asp?TOPIC_ID=477813

    P1020663.jpg

    I think everyone can agree here that
    a. You can fire the gun when its in that holster, and
    b. Its not an "AOW"!

    Whether or not its a stupid holster design is a whole other matter. Personally I don't like holsters that leave the trigger exposed, but I suppose somebody must like them or they wouldn't be made!
  • DRP-AZDRP-AZ Member Posts: 2,318 ✭✭✭✭✭
    edited November -1
    A Galco Wallet Holster is an AOW, and can be registered as an AOW (and properly marked) by a Class 2, and transferred on a 5 dollar tax.

    The Kel Tec thing with the exposed slide is NOT an AOW, it does not encompass and disguise the entire firearm, and hence is not a "disguised firearm" which is one of the AOW criteria.

    A pen gun which requires no mod to fire it IS an AOW, as it is a disguised firearm.

    A pen gun (a la "Stinger") which requires the "pen" portion to be rotated and moved, is NOT. Because when turned to firing config., it no longer looks like a pen.
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    little update

    i emailed the 2 company that sell this and ask them if they had anything from ATF stating this was not an AOW

    was told he would email me the ATF letter when he got back to the office, will post if/when it comes in

    WELL I HAD PAGER PAL CALL ME TODAY AND SAID HE HAD PAPER WORK FROM ATF THAT THIS IS NOT AN AOW

    but i don't think he is going to send it to me because i messed up when he ask were i bought it , and he said they don't sell there, tried to save it by saying it might have been used and a lot were interested in were to get one and i would pass his number along, but so far nothing[B)]

    hope the other co calls and has papers

    JUST IN

    looks like they submitted 3 holsters and mine is the exhibit 1 holster
    ATFpg1.jpg
  • Locust ForkLocust Fork Member Posts: 32,080 ✭✭✭✭
    edited November -1
    quote:Originally posted by CHEVELLE427
    quote:Originally posted by Spider7115
    I e-mailed ATF about that exact holster last year. They had to send it to their enforcement department but finally got back to me in about a week. Their answer was that the holster itself is not illegal UNLESS you put a gun in it! (Ummmm...why else would you want it?) It then becomes a disguised weapon since you can fire it without removing it from the holster and therefore falls under the AOW category.


    great RT hand has no clue what the LF hand is doing

    more gov crazy snit, if i put it in a holster to protect it its BAD if i put the gun in my pocket it's GOOD .
    what difference does it make ,
    if i shoot someone in or out of a holster shot is still shot.

    hell it is easer to shoot the gun out of the holster then in it


    HEY! I resemble that remark! [:D]
    LOCUST FORK CURRENT AUCTIONS: https://www.gunbroker.com/All/search?Sort=13&IncludeSellers=618902&PageSize=48 Listings added every Thursday! We do consignments, contact us at mckaygunsales@gmail.com
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    quote:Originally posted by Locust Fork
    quote:Originally posted by CHEVELLE427
    quote:Originally posted by Spider7115
    I e-mailed ATF about that exact holster last year. They had to send it to their enforcement department but finally got back to me in about a week. Their answer was that the holster itself is not illegal UNLESS you put a gun in it! (Ummmm...why else would you want it?) It then becomes a disguised weapon since you can fire it without removing it from the holster and therefore falls under the AOW category.


    great RT hand has no clue what the LF hand is doing

    more gov crazy snit, if i put it in a holster to protect it its BAD if i put the gun in my pocket it's GOOD .
    what difference does it make ,
    if i shoot someone in or out of a holster shot is still shot.

    hell it is easer to shoot the gun out of the holster then in it


    HEY! I resemble that remark! [:D]


    what one
  • Locust ForkLocust Fork Member Posts: 32,080 ✭✭✭✭
    edited November -1
    LF....Locust Fork
    LOCUST FORK CURRENT AUCTIONS: https://www.gunbroker.com/All/search?Sort=13&IncludeSellers=618902&PageSize=48 Listings added every Thursday! We do consignments, contact us at mckaygunsales@gmail.com
  • CHEVELLE427CHEVELLE427 Member Posts: 6,750
    edited November -1
    quote:Originally posted by Locust Fork
    LF....Locust Fork

    i got it, slow tonight or was it last night ,
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