I have a CCW and want to know if it’s legal to carry a pistol in a holster in your pocket?
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Welcome Rudybaby!
I believe as long as it’s in a holster and concealed it should not matter where on your body it is located.
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…h. For purposes of this section, “holster” means a device or sheath that securely retains a handgun which, at a minimum, conceals and protects the main body of the firearm, maintains the firearm in a consistent and accessible position, and renders the trigger covered and inaccessible while the handgun is fully seated in the holster.
IMO (I am not a lawyer) - your pocket holster must:
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cover the “main body” of the handgun and “securely” retain it. I’m not aware that it’s been tested in court yet, but perhaps a rough test would be that the firearm stays in the holster if you hold the holster upside down AND that your holster stays in your pocket if you somehow get oriented upside down.
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Keep the firearm in a “consistent and accessible” position while in your pocket
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Keep the trigger “covered and inaccessible” while in the holster.
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Thank you for the reply. My pocket holster meets all those requirements. Not100% sure if I stood on my head, that it wouldn’t fall out of my pocket. BTW, who would be checking my holster?
Depends on the situation -
- Detained by police? Detaining officer
Note that we’ve heard lots of anecdotal detainments (not arrests) where the officer was notified that the detainee was carrying and the officer basically responded with “Ok, don’t touch it” and did not attempt to examine or remove the firearm or holster.
- You drew your firearm in public (whether fired or not) and it resulted in a police call? Possibly responding officers and possibly prosecutor’s office if they decide to press charges against you.
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I carry my subcompact 9mm in my front rh jeans pocket all the time. It is in a soft holster, with an additional trigger guard (we can debate the issue of how quickly I could deploy and fire from this set-up at another time 
I’m only using the soft holster because the law contains that word. The pocket itself does an excellent job of securing (I could stand on my head without fear of it falling out) and concealing the weapon, and the hard plastic trigger guard ensures against accidental discharge. I fully understand why this marxist state inspires paranoia leading to all kinds of nit picking concerns about how the idiotic regulations could be interpreted, but I have reached my limit on that. Enough is truly enough! If some a-hole wants to charge me on the theory that a perfectly reasonable and arguably compliant carry method constitutes some hair-splitting, willfully misinterpreted violation of the letter of the law, fine, bring it on. I guess that is why I pay my US Law Shield premiums. FEITCTAJ!
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In Florida I pocket carry either my Sig P365 or my Glock 42. I use an Alabama pocket holster. Its designed to stay in the pocket when you draw. It covers the entire trigger guard. Very comfortable when I wear cargo shorts.
My pocket holster is some off-brand, but it fits the gun well, and has stripes of some tacky stuff on the exterior, so it always remains in my pocket. I also have an IWB holster, but there is no comparison on convenience or comfort.
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I have the same Alabama holster for my Bersa Thunder 380 CC
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100% Agree. Grima. For me its either pocket holster or OWB.
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So I hike alot and sometimes carry in a sling bag, usually no holster just in a separate, zippered compartment. Guessing this is a no go?
renders the trigger covered and inaccessible while the handgun is fully seated in the holster
It needs to cover the trigger. A sling bag pocket - if the pocket opens, doesn’t cover the trigger.
There are CCW style sling bags that have Velcro attachments for holsters. I have one for when I want to carry with a Fanny Pack or Sling Bag of that style.
NeoMag also makes a Hook & Loop panel with a strap for holsters, so you can use the Velcro panel with your regular IWB holster.
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Interesting, Thanks. Just throwing out another question to get an opinion, I have both IWB and OWB kydex holsters that meet the trigger criteria. So I’m just “assuming” if the gun is in one of these and in the sling bag I’m OK? My understanding is when you carry the gun needs to be on your person. So I guess my real question is if it’s in a holster and in a bag is it considered on your person?
If it’s in a bag like a purse or shoulder bag, no - it’s not “attached to your body”… however if you have a crossbody bag, backpack, etc - then it’s secured and attached to your body.
Yep - that’s a crossbody type bag - if you wear it that way you’re fine.