Wallet holsters
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. Than 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, acquire both the handgun and the wallet holster, the person must first submit an Application to Make and Register a Firearm (ATF Form 1), pay a $200.00 making tax, and receive 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 transferors.
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.