Recent campus protests - wearing an empty holster - legal?

Is this a serious question?

SHould not be illegal. No gun = no problem.

I don't think it's legal to ask that question.

Ever heard of Gitmo?

Without a firearm in it, a holster is simply an unusual fashion choice.

Possession of firearm paraphernalia

Depends on the law in your jurisdiction, the attitude of the police and the attitude of your local prosecutor.

I can easily see someone being stopped by the police and questioned/hassled because they are wearing an empty holster. The obvious question is, "Where is the gun?" I can see that fact holding up as "reasonable suspicion" to justify a simple "stop and question" with the accompying "Terry frisk." Hopefully, it would end there.

As far as someone actually being arrested and charges being filed, my layman's opinion is that it would be unlikely, absent any specific law against wearing a holster. If there's no gun, what would they charge you with? "Brandishing?" Brandishing what? I supposed you could imagine someone being charged with "Disturbing the peace" or some such, but I doubt it would stick past the initial arrest.

Ultimately there is no real answer until the situation comes up.

and what happens if you actually are carrying concealed at the same time that you're wearing openly a holster as part of a protest.

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Depends. Are you following all legal provisions while you are carrying? If so, I don't see much difference.

Like I said before, there's really no way to absolutely know until or unless it actually happens.

I was once arrested for THINKING the word "gun."

Well if they can arrest you for "terroristic acts" and "breech of peace" just for exposing a gun in some states even though it's not illegal (CT), then why not?

I was once given a ticket for running a yellow light and was told: "you tell that to the judge"!!

Shaun Kranish got himself arrested (the first time) for his empty holster stunt, in Illinois. The charges were dismissed, and he filed a $1.5 million (IIRC) lawsuit against the school.

Like others have said, it depends.

Unfortunately these days free speech isn't, particularly on college campuses. I can easily see a student being suspended or administration getting the police to harass and/or arrest a student who was participating in an empty holster protest. I can hear the excuse now...something along the lines of "causing a public disturbance" or "terrorizing the public" or "acting in a threatening manner." Wouldn't fly in court, but that doesn't save the student from having to pay the legal fees for a lawyer and getting to spend time in the clink, or from being suspended or expelled.

It all depends on how much the college administration is willing to stamp down on dissent, and how uptight the locals are about guns.

You could always paint the holster a color other than black. I think you'd have a hard time convincing a policeman that a bright yellow holster was going to shoot anybody.

On campus - I would check campus codes to see whether firearms accessories/paraphernalia are banned. My guess is, most wouldn't mention it.
No clue on Florida law, sorry.

Be careful. You have brought up an interesting point about them assuming you have a gun and being subject to scrutiny.

I honestly was surprised that the first 5 people who replied to this thread didn't see how it was even possible that an empty holster could get you in trouble.

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My opinion was that it shouldn't get you in trouble. Could it? Absolutely. But only to the same degree that showing up to the protest itself could.

You have brought up an interesting point about them assuming you have a gun and being subject to scrutiny.

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The fact that you are at the protest itself could lead those with a prohibitionist or authoritarian mindset to "check you out."

The question was whether this was illegal. No, it's not. However, something doesn't have to be illegal for the gov't to prosecute or persecute you.

Try it in NYC or Chicago and you will probably be arrested for:

Terroristic threatening, disturbing the peace, failure to comply with a police officer, inciting a riot, inciting to riot.

Try it in other places and you will be givin strange looks or ignored.

Try it in New Hampshire and some good citizen will tap you on the shoulder to let you know that you've left your gun at home . . . .

. . . I can hear the excuse now...something along the lines of "causing a public disturbance" or "terrorizing the public" or "acting in a threatening manner."

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This sounds like an opportunity . . . if the protestor has friends with video cameras, and is quietly reading the paper, writing a letter, etc., and is then accosted and possibly assaulted . . . there could be some serious $$$ involved.

Or loss of a job by an LEO, as happened when that cop in Missouri (?) harassed the young guy for no reason . . . with the young guy getting everything - including threats to falsify charges - on tape.