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11-26-2013, 01:42 PM
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Handgun "wallet" legal?
In a recent class, the instructor was discussing various methods of concealed firearms carry. One demonstrated was a pocket holster, that looked like a wallet with a hole in it giving access to the trigger. He mentioned you could draw and fire it while it was within the "holster".
Another friend challenged that statement and furnished part of a document from the "National Firearms Act of 1934" Under A.O.W. "catch all" phrase where it described various illegal items it stated, an enclosed holster where the gun could be fired from within the holster.
These holsters are currently being sold, and does anyone know for certain if this part of the act is still illegal or not? I would like to be able to inform the instructor. He said he contacted the IL State Police and they informed him it was legal.
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11-26-2013, 03:15 PM
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ATF has decided that "wallet" holsters for
small guns, from which the gun can be fired, and which disguise
the outline of the gun, are AOW's. This would affect, for example,
the North American Arms mini-revolver and the wallet holster NAA
used to sell for the gun, as an accessory. Or the wallet holster
Galco used to make for the Beretta model 21 pistol. ATF seems to
be thinking that the grip has disappeared, and thus it fits into
the first category.
Any disguised guns need to be registered as AOW's per BATF
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11-26-2013, 05:37 PM
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The DeSantis Pocket Shot appears to be classified as AOW on that webpage, and yet the DeSantis website says it is illegal only in California. It sells for $31 on Amazon. This does not make sense. I think we are missing some important facts.
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11-26-2013, 05:50 PM
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Not an authority on these matters, but my guess is this guy has the right answer.
In the past, wallet holsters similar to the Pocket Shot were declared an AOW (Any Other Weapon) by the BATFE. DeSantis' design was not declared an AOW as the slide is not completely covered by the holster's leather and is open at the top and visible. Still, certain states such as California have declared any and all of these types of holsters to be illegal.
https://www.tactical-officer.com/art.../#.UpUWY5Fmcvk
Last edited by ChattanoogaPhil; 11-26-2013 at 05:55 PM.
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11-26-2013, 09:41 PM
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I know this was a question about the legality of the wallet and not the practicality of it, but to me the question should be, "Why do I want a holster that allows me to accidentally fire the gun in my pocket while fishing for loose change?"
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11-26-2013, 09:49 PM
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Quote:
Originally Posted by GrimeTime
I know this was a question about the legality of the wallet and not the practicality of it, but to me the question should be, "Why do I want a holster that allows me to accidentally fire the gun in my pocket while fishing for loose change?" ��
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I agree. That would negate the purpose of a pocket holster, to me, which primarily is to protect the trigger, in addition to concealing the profile/outline.
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11-27-2013, 02:34 AM
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It comes down to how enclosed it is and what state you are in. those that leave the slide exposed on an automatic are legal in most states.
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11-27-2013, 05:28 AM
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Quote:
Originally Posted by GrimeTime
I know this was a question about the legality of the wallet and not the practicality of it, but to me the question should be, "Why do I want a holster that allows me to accidentally fire the gun in my pocket while fishing for loose change?" ��
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The question I ask is, "Why would you keep loose change in the same pocket as your weapon?"
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11-27-2013, 11:34 AM
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We don't ask if a car or dog is "legal," only if they have been licensed. We drive ourselves nuts with gun stuff.
Machine guns, AOWs and SBRs are legal, they just have to be properly acquired and licensed (i.e.; taxes paid). When I owned a submachine gun and took it out to use people would get all walleyed and blurt, "That can't be legal!" Of course it was. Hollywood teaches us so well...
It has been my understanding that two factors play into whether or not this gun-as-a-wallet arrangement constitutes an AOW: (1) How much of the gun is disguised, and (2) Can the gun be fired from within the wallet?
Only your friendly neighborhood BATFE officer knows for sure. It would not surprise me to learn that this is a product-by-product determination. The maker should know, if only to keep himself out of jail, and should be able to provide a copy of the BATFE determination letter. As always, local laws will put yet another spoke in the wheel.
There are "wallet" holsters that protect the gun and disguise its outline in the pocket, but which require a normal draw from the pocket as other pocket holsters do. (The wallet/holster stays in the pocket). Less trouble all around.
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11-27-2013, 12:44 PM
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I wrote to DeSantis sales:
Quote:
On the ATF website the wallet holster is classified as "Any Other Weapons" with a mandatory $200 tax to make them. Your Pocket Shot holster costs only $41.99, so I assume it somehow does not fall under the ATF classification. Can you please explain that?
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DeSantis replied:
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Our style 110 Pocket Shot is only illegal in the state of California. The muzzle sits above the holster therefore it is considered legal in all other remaining states. I hope this clears up any confusion, have a good day.
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11-27-2013, 02:53 PM
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I asked this very question in a thread about 18 months ago. At issue was the 'wallet holster' made in the 70s for the High Standard derringer.
I received a very gracious and detailed reply from another member on this issue. Sorry, cannot remember the thread title.
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11-27-2013, 03:13 PM
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Thank you all. My friend has a DeSantis, which looks exactly like th e one pictured above. We feel pretty confident it is legal (without a tax).
It's always good to get these questions clarified.
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11-27-2013, 03:25 PM
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Quote:
Originally Posted by kaaskop49
I asked this very question in a thread about 18 months ago. At issue was the 'wallet holster' made in the 70s for the High Standard derringer.
I received a very gracious and detailed reply from another member on this issue. Sorry, cannot remember the thread title.
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Ya mean this'n here.
High Standard Derringer carry
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