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Carry Legally? Question
roswellnative
Member Posts: 10,195 ✭✭✭✭
So you put your 380 in here?
somewhere along the line I heard rumor this was considered class 3 item when the pistol inserted. Anybody heard? Something about a holster with a hole is verboten?
Although always described as a cowboy, Roswellnative generally acts as a righter of wrongs or bodyguard of some sort, where he excels thanks to his resourcefulness and incredible gun prowesses.
Comments
Legal or not, this is a horrible design.
I don't see the point, why wouldn't you simply carry it without a holster if you were interested in that "holster", there is no difference.
The key to this often misunderstood regulation is whether or not the holster "camouflages" the pistol- a wallet holster for example, and if the pistol can be fired while in the holster. Realistically, many pistols can be fired while inside its holster (safety not being a consideration), so the "camouflage" aspect is the only real consideration.
A camouflaged firearm not easily classified as a handgun and can be concealed is nominally an Any Other Weapon and subject to registration and a $200 tax ($5 to transfer). The classic examples are the semi auto HK MP5K/SP89 9mm pistols and their various clones. You can carry one legally inside a briefcase, but if you rig it so that the pistol can be fired inside the case you've created an Any Other Weapon.
Long story short: the holster shown in no way camouflages the firearm, so it is just a holster.
I have a friend that had one. The concept of the holster is that you can put it in your back pocket as you would a wallet. If the gun is concealed there shouldn’t be any legal problems. But the design is awful if you ask me. If I was going to carry it in my back pocket I would just soon not have this devise getting in my way.
It is a bit tricky. I sold a High Standard here on GB to an ex cop in Fla. It had the little pocket holster with it and when it arrived the shop owner in Fla called the ATF and reported me. I ended up "donating" the gun and holster to the ATF. I refunded the customer who ordered the gun and paid the owner of the gun. Because I had shipped the gun in the holster and posted photos the shop claimed they had to contact ATF. Apparently some guns are legal with those holsters.
Mark and Ricci nailed it. Above was a "wallet holster" for a Hi Standard derringer- which disguised the entire gun, AND permitted it to fire while still disguiseded. THAT is an NFA item- an "Any Other Weapon". However, the gun shown in the original post does not appear (to me) to disguise the gun.
Please bear in mind that I am not qualified to offer legal advice, and if the ATF shows up at my house I have 4 nuns that will swear i was drunk and playing poker with them at the time. Yer on yer own.
I know of a off duty police officer that shot himself in the butt with one of those.
According to the fellas with the bulges in the cheap suits, the item under discussion is an AOW if possessed with the gun.
Neal
That is interesting. I would have thought that if it was in your pocket concealed it would be legal, I guess I was way off in that thought. One is having to become a lawyer anymore to keep up on all the rules.
Deciding factor for ATF is can the weapon be fired while still in a disguised state?
Remember pen guns? Looked like a ballpoint, fired a .22 cartridge? That was a no no. Mfgr changed design, required pen to be folded over, no longer looked like pen. Here are some other:
Logic & reasoning sometimes have nothing to do with ATF regulations.
Remember "bump stocks"? The experts at ATF studied them carefully, found nothing in the law that made them illegal. Then, Trump decided that permitting bump stocks would hurt his re-election chances. The director of ATF was called to the White House & was told "Ban bump stocks!" So, the experts when back to their desks, & a few weeks later regulations were changed to make them illegal.
Remember the Striker-12 & Streetsweeper revolving shotguns? They were unrestricted firearms for many years, then, because of the way they look, ATF decided that they were NFA items.
Neal