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Question about a holster for concelled carry

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I heard that a holster like this is illegal when used in conjunction with a hand gun. Something about section 5845(e) of the National Firearms Act. What do I need to do make this legal? Who do I contact and what form do I need? Any help would be appreciated.

Thanks,
Phil
walletholster.jpg
 
It would be besst to contact the holster manufacturer directly with your question. I seriously doubt that the holster manufacturer would make and sell anything that would put you in such a situation.
 
Legal or not, I'd be concerned about leaving the trigger exposed. I have a pocket holster which allows me to draw easily and it fully covers the trigger and guard.

In regard to your question. If it is in fact illegal(which I don't know), I'm guessing that it may fall under an AOW (any other weapon) category since it can be fired without removing from holster. Permantly closing off the trigger opening would probably allow its use. Maybe some searches using AOW BATF can get some more info.

CD
 
Thanks for the input, I found it is indeed illegal.

The following article appeared in the "FFL Newsletter"
put out by the BATF in August 1997:

WALLET GUNS

ATF has received numerous inquiries regarding wallet guns and wallet holsters.

As defined in section 5845(e) of the National Firearms Act (NFA), the term "any other weapon" includes certain concealable weapons. Various types of disguised weapons such as cane guns, belt buckle guns, and briefcase guns (with remote control firing mechanisms) fall within the "any other weapon" category. It is unlawful to make, possess, or transfer such firearms without complying with the provisions of the NFA.

During the 1970's, ATF determined that various small handguns combined with certain "wallet holsters" fall into the "any other weapon" category and are subject to the provisions of the NFA. These wallet holsters are generally rectangular in shape, are designed to disguise the appearance of the handgun, and are designed to allow the weapon to be fired while it is contained within the wallet. The handgun combined with the wallet holster constitutes and NFA firearm.

A conventional pistol or revolver which is possessed without the wallet holster would not be an NFA firearm. A wallet holster alone is not subject to NFA controls, and cannot be registered or transferred as a firearm. Firearms contained in conventional holsters, trouser pockets, purses, gun cases, or various other forms of carrying cases have not been determined to fall within the definition of an "any other weapon," even though it may be possible to discharge a firearm while it is carried in such a manner.

In order for an individual to lawfully "make" a wallet gun, that is to say, aquire both the handgun and the wallet holster, the person must first submit an Applicaition to Make and Register a Firearm (ATF Form 1), pay a $200.00 making tax, and recieve approval of the application. The serial number appearing on the handgun should be used to register the firearm. Transfer of a wallet gun requires an approved transfer application and payment of a $5 transfer tax. A transfer will not be approved unless the wallet gun has been registered to the tranferor.

Mere sale or possession of the wallet holster without the handgun is not a violation of the NFA. However, 18 U.S.C. section 2 provides that a person who aids or abets another person in the commission of an offense is also responsible for the offense. Therefore, sale or distribution of a wallet holster with knowledge that it will be used to make an unregistered NFA firearm may also place the seller or distributor of the holster in violation of the NFA."
 
The whole point of a holster is to cover the trigger guard so that the trigger cannot be pulled inadvertantly while the gun is holstered.

A holster that doesn't cover the trigger guard is not a holster -- it is an accident waiting to happen, IMNSHO.
 
The whole point of a holster is to cover the trigger guard so that the trigger cannot be pulled inadvertantly while the gun is holstered.

A holster that doesn't cover the trigger guard is not a holster -- it is an accident waiting to happen, IMNSHO.

Not quite so. The purpose of a holster is (a) to carry the weight of the firearm in a way that enables to user to carry it for extended times with reasonable comfort, (b) retain the firearm to some extent, from falling out as a result of user exertions or being extracted by hostile adversaries, and (c) encase the firearm in a manner reasonable safe for the circumstances.

In the case of revolvers, holsters that had hammer straps or thumb breaks typically did not cover the trigger guard (and trigger); by far the most famous example of all is the Jordan-style, which is one of the best revolver holsters ever made. Only holsters with no retention over the hammer tended to enshroud the trigger guard (such as the IWB pocket holsters).
 
RKG:

A holster that does not cover the trigger guard, IMHO, does not "encase the firearm in a manner reasonable[sic] safe for the circumstances."

If the holster covers the trigger guard, then a holstered gun is a safe gun. If the holster does not cover the trigger guard, then you run the risk of brushing up against something that could snag the trigger, in which case something really bad could happen.

I will not own, let alone use, a holster that does not cover the trigger, and urge others to do likewise.
 
Everyone is entitled to their own opinion, and it is certainly OK for you as an individual to exclude exposed trigger guard revolver holsters from the list of what is acceptable to you. However, from at least the 1930s until today, the exposed trigger guard style of or akin to the Jordan was considered quite acceptable by law enforcement and non-law enforcement authorities on revolver handling, and my point was, and is only, that it is a mistake to convey the notion that the view expressed represented a general consensus.

If I had to guess (and it is exactly that), I'd say that covering the trigger guard area in those revolver holsters that did so, mainly those without thumb-breaks, had more to do with stabilizing the revolver in the holster than preventing some dope from pulling the trigger while the gun was at rest in the bottom of the holster. I'd likewise guess (same caveat) that to the extent there are any record episodes of someone pulling the trigger on a holstered revolver, it would have happened after the revolver had been pulled far enough up out of the holster to expose the trigger guard, anyhow. In short, I doubt that covering the trigger guard area in any revolver holster was ever perceived as a safety issue (at least vis-a-vis AD) rather than a stability issue.

The fact of the matter is that it is impossible -- and I say that fully understanding the absolutism of the statement -- to discharge a S&W double action revolver by having a passing object (such as a twig or branch) cycle the trigger aft. This is obviously true if the holster has a thumb break or over-the-hammer strap that has been employed. It is also, and independently, true as a function of the S&W DA revolver design.

Try this: take a S&W, confirm that the charge holes are empty, close it, and point it straight up to the ceiling. Cock the hammer. Now take a pencil with a new eraser and drop it down the bore. Now, pull the trigger and you will see the pencil jump, signifying that the pin has hit the back of the eraser and, were the pencil a cartridge, the revolver had fired.

Now, cock the revolver again and drop the pencil back down the bore again. This time, holding the revolver (pointing up to keep the eraser against the recoil shield) with one hand, smack the trigger with an object (a spoon works) hard and heavy enough to cause the hammer to drop. Watch carefully: the pencil didn't jump.

(If you doubt this, and if you know the secret of how to cock a S&W with the cylinder swung out, perform the two foregoing tests substituting a fingertip against the pin hole in the recoil shield for the pencil. The first test will smart. The second will not.)

Dan Wesson was a clever dude.

(And, oops, I see I missed another typo.)
 
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The whole point of a holster is to cover the trigger guard so that the trigger cannot be pulled inadvertantly while the gun is holstered.

A holster that doesn't cover the trigger guard is not a holster -- it is an accident waiting to happen, IMNSHO.


I was going to use this holster to carry my AMT Backup .380 DAO pistol in my back pocket. Have you ever pulled the trigger on this make of pistol. It is extremely long and hard, I think somewhere around 8+ pounds. I would of bought and carried the setup without any second thoughts if it were legal with out a big hassle. I do respect you OPINION though.
 
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that it is a mistake to convey the notion that the view expressed represented a general consensus.
Try showing up at a firearms academy with a holster that does not cover the trigger guard.
 
Look, if the trigger is pulled (not "smacked" but pulled), whether by your finger, or whether by a branch that gets stuck in the trigger guard as you keep moving, then the gun will discharge.

Does the design of the a modern double-action revolver reduce the chances of an accidental discharge while in the holster? Sure does. Does that mean it makes sense to leave the trigger guard exposed? Not in my opinion.
 
I was going to use this holster to carry my AMT Backup .380 DAO pistol in my back pocket. Have you ever pulled the trigger on this make of pistol. It is extremely long and hard, I think somewhere around 8+ pounds.
Actually, I have shot an AMT Backup in 45 ACP.

The trigger pull of a S&W J-frame is typically well over 10 pounds from the factory. Nevertheless, the recommendation from every instructor that I've taken a class from (LFI, Sigarms Academy, etc.) has been to use a pocket holster that covers the trigger guard.
 
Very interesting curiosity in the law. Wallet gun... I would never have believed it if you had shown me.
 
I was going to use this holster to carry my AMT Backup .380 DAO pistol in my back pocket. Have you ever pulled the trigger on this make of pistol. It is extremely long and hard, I think somewhere around 8+ pounds. I would of bought and carried the setup without any second thoughts if it were legal with out a big hassle. I do respect you OPINION though.

I had one of the first models of this gun. Back then it was made by OMC (predecessor to AMT, etc) and it had a trigger pull of 14-15#!! Brutal describes it properly. Luckily I sold it many years ago. It did conceal nicely in my pocket however.
 
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