Wallet holster question

Started by luke1, March-10-14 14:03

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luke1

Basically, is it worth getting.  The going rate on ebay is around fifty bucks.  Part of me just wants it because it's unique, discontinued, and not all that easy to find in mint condition.  Does anybody use these anymore? any thoughts.  If nothing else, it make for a neat curio piece in the safe.....

TwoGunJayne

If you have a wallet and pistol together in such way that it can be fired without removing it from the holster, it's an AOW and you've gotta pay the $5 and eat a big fat bowl of red tape.

Nothing wrong with owning one, I just wouldn't carry one without my proof of tax stamp on me. Then again, most people who would hassle you over it probably don't know that...

Classanr

Quote from: TwoGunJayne on March-10-14 15:03
If you have a wallet and pistol together in such way that it can be fired without removing it from the holster, it's an AOW and you've gotta pay the $5 and eat a big fat bowl of red tape.

Nothing wrong with owning one, I just wouldn't carry one without my proof of tax stamp on me. Then again, most people who would hassle you over it probably don't know that...

There are BATFE exceptions.  For instance, if the wallet-gun "looks like" and "functions like" a gun, then it is good to go.  The slide not covered AND the trigger always exposed AND the muzzle clearly visible - these will remove the item as an AOW.  The gun does not have to be removed to be fired for the holster to be exempt.  Consequently, there are "wallet-shaped" holsters that are mostly a superficial covering that allow the gun to fully function (including racking a slide or spinning a cylinder).  These are not AOWs.

But they are clearly not wallets when you set one on the table.

The caution you put up, however, is very real indeed.  It is a fine line between "OK" and a hefty penalty.

grayelky

The definitions provided are spot on. If you look at the NAA wallet holster, according to the ATF, it substantilly changes the appearance of the gun, so as not to be readily identified as a firearm, thus it qualifies as an "Any other Weapon", and the $5.00 stamp Two Gun referred to. I have been told by folks with far more experience than me that if you have the holster AND a mini that fits it, some ATF agents view this as requiring the stamp. The mere possesion of both items makes it qualify. I would like to think barring you turning into an a$$ whole with the agent in question, if the holster was unused, most would view it as simply a collectible piece, as it is clear it has not been carried. Most of the agents I have had personal dealings with would view it like that. They would also politely suggest I sell the holster on eBay or toss it in the trash in the odd event some of their co-workers were to encounter me and the toys. I had one at the shop, but have since brought it home. Shame, though, as it was a good conversation piece.

Like so many other things on any forum, these are merely my personal thoughts and I make no representation to speak for the ATF or as offering legal advice. Do as you feel is best.
Guns are a lot like parachutes:

"If you need one and don't have one, you'll probably never need one again"

G50AE

Quote from: Classanr on March-10-14 18:03
The caution you put up, however, is very real indeed.  It is a fine line between "OK" and a hefty penalty.

A fellow by the name of Randy Weaver found that one out the hard way.

G50AE

Quote from: TwoGunJayne on March-10-14 15:03
If you have a wallet and pistol together in such way that it can be fired without removing it from the holster, it's an AOW and you've gotta pay the $5 and eat a big fat bowl of red tape.

Nothing wrong with owning one, I just wouldn't carry one without my proof of tax stamp on me. Then again, most people who would hassle you over it probably don't know that...

Perhaps the wallet holster should be equipped with a pocket for the tax stamp.

Classanr

I love the tax-stamp pocket idea.  For $5, it might be worth it to get the stamp and be done with worry.

Further examples to help clarify the fine-line distinction:
This looks like a wallet from the back side when in a pocket.
But the gun cannot  be fired.  Thus, it is not an AOW:





Here is a "holster" from which the gun can be fired, but is not an AOW:





Here is the ATF letter explaining the differences, and why the above-depicted "holster" is not an AOW:



So, the difference can be seen to be "protecting" vs "concealing".  Indeed, the image above is not really a holster in the true sense  It does not even provide protection to the muzzle.  It looks like a gun with a fat grip, low-mounted laser, and extra finger hole.

TwoGunJayne

Quote from: G50AE on March-10-14 22:03
Quote from: TwoGunJayne on March-10-14 15:03
If you have a wallet and pistol together in such way that it can be fired without removing it from the holster, it's an AOW and you've gotta pay the $5 and eat a big fat bowl of red tape.

Nothing wrong with owning one, I just wouldn't carry one without my proof of tax stamp on me. Then again, most people who would hassle you over it probably don't know that...

Perhaps the wallet holster should be equipped with a pocket for the tax stamp.

...And a clip loop for a CCW badge :)

Good thread!

G50AE

Quote from: TwoGunJayne on March-11-14 10:03
Good thread!

That it is.  And the addition of the letter from the BATFE makes this thread more informative, if not "tactical".  Which is sort of ironic, because I have never thought the BATFE to be a very "tactical" organization.

TwoGunJayne

"tactless dis-organization," unfortunately from time to time as I read of some of their more perplexing and reason-twisting judgements and decision. Ah well, to make a REAL mess of things, you've got to work with the Feds, right?

heyjoe

tortured logic to put it mildly. in a low light situation or a self defense situation where you draw and fire quickly does it really make a difference to the  person you are pointing the gun out wether the slide is visible or not. they wont be able to tell or have time to process the information even if they could see it.
It's too bad that our friends cant be here with us today

grayelky

Now now, heyjoe, you would not want to take unfair advantage of someone who is trying to rob you, now would you? That would not be very Democratic Party of you.
Guns are a lot like parachutes:

"If you need one and don't have one, you'll probably never need one again"

RogueTS1

It is stupid laws like this that are flushing our nation down the toilet. To whom is a gun disguised as a wallet going to make a difference to? Will this make it easier for a robber to rob you? "Stick em up!" as he points a bill fold at you. No, he wants you to see he is pointing a gun at you to get your undivided attention so he can work.

Will it make it easier for the law abiding to disguise a weapon for such instances as described above? "Give me your wallet!" "OK, here it is"................. BOOM! Where is the common sense of it all? How do laws such as these affect anything positively? What is wrong with making it easier for a dirtbag to come out on the losing side of an engagement? The government, especially the Feds, need to go home and leave us all alone.
Wounds of the flesh a surgeon's skill may heal but wounded honour is only cured with steel.

Bubba

Those who adapt control the future
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kentuckycharlie

When you look at the ATF info, it appears you, or someone needs to pay the $200 tax THEN if transferred to another, then it's $5.

Taken from ATF website;
Wallet Holster
Notice: All "Any Other Weapons" have a mandatory tax of $200.00 for making. Transfer of an "Any Other Weapons" is an additional $5.00.

Classification
Any Other Weapon with firearm

Distinctive Characteristics
Holster has hole to fire weapon

Rate of Transfer Tax
$5.00 with firearm; no tax without firearm

OV-1D

Thanks Bubba that certainly made everything clear on that , very good appreciate it always was a problem question . :)
TO ARMS , TO ARMS the liberal socialists are coming . Load and prime your weapons . Don't shoot till you see their UN patches or the Obama bumper stickers , literally . And shoot any politician that says he wants to help you or us .