Open Carry... Is a holster necessary to be legal?

[G29]

I have a couple of questions for those familiar with open carry.

First off I’m from New Mexico where we’re allowed to open carry without at permit. I have a few different pistols. One of which is a Kel tec P-11 9mm with a belt clip attachment. Does anyone know if a pistol needs to be holstered or could i simply wear the pistol clipped outside the belt. This would expose the entire pistol and be as secure as most belt clip holsters.

..I understand that the best and safest way to open carry and a good holster is recommended.

Does anyone have any information regarding whether a holster is necessary to be legal?

Can i open carry the pistol inside the belt with only the top of the grip and back of the barrel exposed?

-UJpdate
(see my reponse to the reply's below)


Thanks!

 

[NOLAEMT]

I don't know about NM law, but inspite of any legal consideration, YES you need a holster.

It keeps your gun secure, it makes it look like you are supposed to have a gun, and keeps your guns trigger covered. So it is a safety issue, as well as an issue of presenting yourself as a responsible open carrier.

Holsters are not expensive, you can get a cheap uncle mikes nylon model for less than a box of ammo.

 

[Autolycus]

I would suggest consulting with a lawyer. But as far as I know a holster is not required in New Mexico. I would recommend a holster for safety reasons though.

 

[Snowbandit]

It's your gun and your responsibility if it gets loose. Cops go through hours and hours of training in weapons retention and still usually wear some kind of security holster. When I started in law enforcement we didn't have that luxury but, today I wouldn't be caught outside the house with an exposed handgun unless it was in some kind of security rig. Level 2 is what I use for revolvers when hunting and, knowing how it operates it's just as fast as any non security type. For social situations using an auto I prefer the level 3. Letting my gun get away is even more unthinkable than having to use it.

 

[hermannr]

Hoods and nogoods don't use a holster, and usually hide their weapons. I would not want to be looked on like I was one of those types.

Secondly, as has been stated already, weapon security is extremely important, a good retention holster will provide that security. There are inexpensive, and there are expensive holsters. They all do the job, get the best holster you can afford, Level II minimum.

 

[TheMerryMortician]

G29, I think the best place to start would be to review the law. Guide to Law On-line for New Mexico - Library of Congress
This should at least point you in the right direction. I am completely unsure of where it would be found, but it should be hidden away somewhere in the state statutes.

But, as you are well aware, it would be generally inadvisable to carry without some type of holster system. I have personally owned a Kel-Tec PF-9 and am familiar with the clip system that can be attached. The problem with this style of carry is the same problem I find with my ball-point pins...The clip just doesn't keep it where I put it! I've lost countless numbers of nice Parker Jotter pens (Which seem to be harder and harder to find in stores now-a-days) to the fact that I have inserted them in my front pocket, retained by the clip, and have managed to escape when I moved in my chair.

I would strongly recommend that you use some type of holster system not simply out of compliance with the law, but so that your weapon doesn't meet the same fate as my pens.

 

[coosbaycreep]

Before I got my CHL, I use to OC a keltec .32 without a holster using a belt clip while biking/hiking on the chest strap of my backpack. It was easy to get to, there was nothing near the trigger (still carried it with an empty chamber though) to cause a ND, and it was visible enough that no cop could say it was concealed.

No cops ever talked to me about it, but I never considered if it was legal or not.

Now I carry it in a desantis holster inside my cargo pocket most of the time (with a loaded chamber).

 

[Strykervet]

I don't know about NM law, but inspite of any legal consideration, YES you need a holster.

It keeps your gun secure, it makes it look like you are supposed to have a gun, and keeps your guns trigger covered. So it is a safety issue, as well as an issue of presenting yourself as a responsible open carrier.

Holsters are not expensive, you can get a cheap uncle mikes nylon model for less than a box of ammo.

I look like I am supposed to "have a gun" because I am an American citizen. I need no more authority behind me than that.

Uncle Mike's does not make a good holster. They make cheap junk that looks like a holster. Don't wear this on your belt. The only good one they make is a nylon one that seems to work well sewn into my wife's bag. Used as intended though, on the belt, it is junk as well.

A good holster for CC need not have a thumbreak or catch if it is IWB and is securely held in the pants. Sometimes I use my CCW rig and just don't cover it up --thus open carry. I use a Milt Sparks VMII.

But I'm not a big fan of carrying that way though, I like to use a retention holster when open carrying. I like the Blackhawk Serpa holster, the one with the retention button (level 2?) but not the thumbreak, I just don't like those. Take a hard look at the Serpa, it is a good price and a good holster. Mine can be used on the belt or as a paddle.

As for laws, well, each state and locality can have their own, so I suggest you look that up on your own. You can get some decent advice on here, but when it comes to the law it is best to get some advice here and then vet that advice using the real law which you should be able to find no problem online.

Whatever you do, if you open carry, make certain to use some kind of decent holster with some kind of retention. Nothing gets me fired up like seeing some "open carry protestor" wearing his locked and cocked 1911 on his hip in public with absolutely no retention. Carried in such a fashion that anyone over 4 and a half feet tall can easily relieve him of his arm from behind. Don't be that guy.

 

[hermannr]

I have a "thumb brake" holster (European manufacturer) that I really like, but you do have to practice with it. It is not 100% intuitive,,,but I will guarantee, you will not loose your weapon out of that holster unless they cut the belt.

Just remember, one on the biggies (or maybe even THE biggie,) is you no not want to loose/drop/have it spill out...etc. that weapon, just because you bent over...you need some sort of positive retention, and you need to practice using it.

A single action compitition quick draw holster is not the best for retention. Also, remember, not all holster manufacturers make holsters for all the different guns available. Depending on your carry it may be easier, or more difficult to find what you need. When it comes to holsters, generic is usually not the best.

 

[G29]

Everyone here has made a compelling point..

There is a safety issue as well as a public perception issue

It is not illegal to carry without a holster i have found however, i will use one as i dont wnat to make the general public nervous...

A good holster is the responsible way to go....

thanks to all your input!

 

[Sav .250]

G29:
You need to check your states requirements, There must be state web site with all the correct information. Asking on a forum is chancy at best.

 

[TheMerryMortician]

G29,

Good choice! I don't want to venture too far out on a tangent, but you raise a good point...aside from safety, public perception certainly plays a point in the matter. I truly think the holster conveys a "I know how to safely handle a firearm" message to the public. I confess that I have mixed feelings about open carry, but putting that aside, there is a certain "I'm not a bad guy/gal" sentiment about the holster. As for your Kel-Tec, I know that Fobus makes a holster for that weapon, and I would consider it a good holster at a reasonable price. There are also a lot of nice leather options out there, but that's just too big of a list for me to write. To my knowledge, Blackhawk doesn't have a Serpa holster for that one yet, but I could be wrong.

Either way, good call on the holster! Good luck and be safe out there!