38SnubFan
Member
Man, it just might come close, although it would be my belief that it wouldn't.When confronted with the lack of a prohibition I've had LEO argue that it is disorderly conduct. Disordery conduct requires an intent that would require a specific type of carry such as in your hand waving it about. A holstered open carried weapon is no more disorderly than wearing an ugly shirt.
Per the PA Crimes Code, Title 18 §5503 (a):
A person is guilty of Disorderly Conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
1. engages in fighting or threatening, or in violent or tumultuous behavior;
2. makes unreasonable noise;
3. uses obscene language, or makes an obscene gesture; or
4. creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
Therefore, a holstered handgun is not threatening, violent, or tumultuous; nor does it create a hazardous or physically offensive condition unless it would be in one's hand.
However, could it be considered an "obscene gesture"? I guess a judge would have to decide. I, at least for now, am not going to test that theory. The only time I've openly carried my gun is MAYBE taking my trash across the parking lot to the dumpser - at night, when nobody can really see me anyways.
-38SnubFan