Is this open carry or concealed?


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Tim Currie
August 6, 2007, 06:51 PM
Hi guys, quick question:

When open carrying in CA (mountains, hiking, etc) if I use a holster that is IWB but I tuck my shirt underneath it so that the gun is still showing - is that considered concealed or open carry?

Or do I need a outside the waistband belt holster to be "open carry" ?

Thanks, that is all.

Tim

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MrTuffPaws
August 6, 2007, 06:55 PM
Depends on the judge/jury, and you are not alone on it as well. I also carry that way when tromping around the national forests.

igorts
August 6, 2007, 07:00 PM
I know one thing, while hunting I can conceal without CCW and/or can open carry

vis--vis
August 6, 2007, 07:00 PM
I don't think I'd trust the secret police to make the difference. You can open carry in Cali?

igorts
August 6, 2007, 07:06 PM
yes, you may, but you will get mismeanor charge for disturbing the piece...:banghead:

California law does not prohibit open carry of any concealable weapon anywhere, so long as it is unloaded. There is however, a stipulation that allows a unwarranted search by police to determine your compliance with 12031pc to ensure that your weapon is unloaded. If you decline the search they will arrest you under suspicion that you have violated this section.

If you are outside incorporated city limits, this provision to search is eliminated.

Double Naught Spy
August 6, 2007, 07:47 PM
Well Tim, can somebody see that you are carrying a gun in the holster? If so, it ain't concealed. A half concealed gun is not concealed.

DoubleTapDrew
August 6, 2007, 07:53 PM
A half concealed gun is not concealed.
That was my understanding of it too. Doesn't matter what kind of holster you use, if it's visible, even partially, it ain't concealed.

Blackbeard
August 6, 2007, 08:25 PM
That makes sense. Even if it were in an OWB holster, the part that's in the holster is concealed. In fact it's impossible to carry a weapon without concealing at least part of it.

mek42
August 6, 2007, 08:58 PM
"disturbing the piece"

Wouldn't this technically be brandishing? :D

To be on topic, this may well be the intent of the law, but what is the point of carrying an empty firearm? A sword would be more effective.

Malone LaVeigh
August 6, 2007, 09:32 PM
To be on topic, this may well be the intent of the law, but what is the point of carrying an empty firearm? A sword would be more effective.

That would be illegal in California.

AntiqueCollector
August 6, 2007, 09:43 PM
To be on topic, this may well be the intent of the law, but what is the point of carrying an empty firearm?

An unloaded gun in a position to quickly load it if needed is far better than no gun I suppose. I'm just glad I don't have to deal with this sort of thing though, don't know how any pro-gun person can take it in California...

Smokewagon45
August 6, 2007, 10:03 PM
Concealed=Cannot be seen.

hawk84
August 7, 2007, 01:15 AM
Im heading into the Sierras this weekend.

I will be armed. holstered on my hip, for all the world to see

Tim Currie
August 7, 2007, 11:34 PM
There we go, the way it should be :)

Thanks everyone.

c_yeager
August 7, 2007, 11:36 PM
If you can see the gun then it isnt concealed. :rolleyes:

RNB65
August 7, 2007, 11:47 PM
In most states, the legal definition of "concealed" is a bit vague and is open to interpretation by the courts. Courts and prosecutors will usually look to existing caselaw and precedents to provide guidance in how a particular case should be (or shouldn't be) handled.

In other words, it's open to the interpretation of the arresting officer, the district attorney, the judge, and the jury. Check with a lawyer in your state who's well versed in firearms law for an answer. But even that's no guarantee.

fatelk
August 8, 2007, 12:08 AM
This is not an answer to the original poster's question, but it is quite similar.

I have a CZ-82 with it's typical, unique military holster that holds the pistol, spare mag, and cleaning rod. The holster is also rather square and not obviously a pistol holster. At a glance it looks like it could hold binoculars or something. Could the CZ-82 in it's original holster be considered concealed?

I don't mean to hijack the thread, just thought this was a very similar concern.

glockman19
August 8, 2007, 02:22 AM
If you can see the gun then it isnt concealed.
+1

I carry in the mountians when I camp & hike. I've had no problems. Ialso carry my hunting license & Tags for as many animals as I might come across just in case.

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