Does Open carry protect an accidental CC exposure?

[brokendreams]

Hypothetical, but I'm curious...

In a state that allows open carry (specifically Washington), if one were to accidentally expose their legally carried CW, would the exposed carry option protect him/her?

I believe that OC is described as "visually identifiable as a firearm" (posting from my iPhone with it's lack of copy/paste)

So, if I can legally carrying concealed, and my shirt rides up...

Thoughts? Experiences?

 

[TexasRifleman]

I believe that OC is described as "visually identifiable as a firearm" (posting from my iPhone with it's lack of copy/paste)

Very much state dependent.

Texas for example does not consider an accidental showing of the firearm to be a problem.

In my state you have to do it INTENTIONALLY before there is an issue.

So no, open carry doesn't really help much for that.

Check your state laws for the exact definition of when exposing the gun becomes a crime, you might be surprised that it's not as restrictive as it sounds.

Not the definition of open carry, but the place in the penal code talking about when exposing a concealed firearm becomes a crime.

 

[mcdonl]

I am not expert, but I would say that an accidental showing in the holster is a far cry from brandishing.

 

[HexHead]

Tennessee adopted open carry or concealed carry at your option, which is why they issue a Handgun Carry Permit, not a concealed carry permit. It was adopted this way exactly for the reasons you state. So accidently exposing your weapon wouldn't be an issue. Open carry here is legal, but not recommended.

 

[Vern Humphrey]

In Virginia, you can carry openly without a license. You cannot carry concealed in any establishment that serves alcohol. So most Virginians taking their family to a restaurant simply take off their cover garment and walk into the restaurant carrying openly.

 

[shdwfx]

I believe you are fine legally, but still check your state code.

More of a concern is the local culture.
For example...

...open carry is legal here in Ohio. But, police will still follow up on the inevitable "man with a gun" calls. Open carry or "print" in southern Ohio and it is probably a non-issue. Do the same in Cleveland and you WILL solicit unwanted attention from law enforcement. There's an on-going officer education problem in many areas - expect harrassment and stink-eye.

Just be aware of the local culture.

 

[mooseracing]

I am not expert, but I would say that an accidental showing in the holster is a far cry from brandishing.

Depends on the cop if a person reported it as such. I've heard it go both ways from cops. I would open carry more often in MI if the harassment was less.

 

[Deanimator]

Does Open carry protect an accidental CC exposure?

Yep, in fact it helped me yesterday.

My shirt rode up yesterday, inadvertently displaying my M1911. Cops stopped me. I allowed them to briefly take control of my firearm and license. They tried the old saw about "inducing panic". I didn't back down one inch. They returned my license and firearm without me conceding anything to them. I sent a letter to the chief of police yesterday telling him that he needs to properly train his personnel on Ohio firearms law. Saying "I'm a cop" doesn't make wrong information right. It just makes you look immature and unprofessional.

BTW - I asked one of the cops for his business card. He didn't have one, so he had to write his name down. I gave him a copy of Hogg's "Machineguns" to use to write down his information.

 

[sgb]

Florida like Texas has no open carry provision and they are quite stringent about any sign of the firearm.
Even accidental printing can be a problem here.

While Florida prohibits the Open Carry of Firearms the perception that accidental exposure of a legally concealed firearm or "printing" is illegal is a widely held misconception. Florida law defines a concealed firearm as

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm&StatuteYear=2008&Title=-%3E2008-%3EChapter%20790

"Concealed firearm" means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

The law has no provision to penalize any individual for "printing" or the brief accidental exposure of a legally concealed firearm.

 

[Deanimator]

expect harrassment and stink-eye.

Nobody has to LIKE the law. They just have to OBEY it. Every once in a while you have to prove to cops that that includes them too.

 

[Xader]

As I understand it, this is OK in Oregon, which is an open carry state, except in a few municipalities (i.e. Portland and 1 or 2 others, which prohibit open carry)

But if it becomes exposed, dont be surprised to be asked to leave a place of business.

 

[Hungry Seagull]

I see accidential exposure of CCW (CHL Weapon) here in Arkansas as a failure of the holder and/or clothing you are trying to conceal carry with.

 

[Rellian]

It gets a little tricky in trying to tie it down to an absolute yes or no. You would think it would be obvious when an accidental exposure occurred, but the thing to remember about American law (and the way the OP worded the question puts a legal slant on it) is that it is not what actually happened, but what can be proven, or justified. So (depending on the state) I would say yes and no. Was it really an accident? Was it really intentional? It's not about what was.... it's about what can be proven.
I can speak from Utah law and say that technically it does not. The idea being, you are the one who took upon yourself the responsibility to carry, you now take upon yourself the responsibility to keep it covered, I mean (while the example is a bit apples to oranges) we are responsible to keep ourselves covered in public and some might say the reaction to an exposure of either self or firearm could derive the same emotional reaction from a certain cross section of the populous
Having said that should you find yourself in an honest A.E. (at least in this state) probably not much will happen.
A LEO saw my pistol one afternoon as I passed him entering a building. I was wearing a t-shirt with an open button-up over that untucked. The gun was on my right hip under the hanging button up. The wind caught the shirt tail and lifted it so the gun was exposed before I could pull the shirt down. The cop only asked if I had a permit. I replied yes and asked if he would like to see it. He shook his head and walked on. That was the extent of it.
It is by-in-large an issue of state and local agencies.

 

[brokendreams]

I kinda figured as much, but I thought it would be an interesting topic.

I will be moving to Washington state in the next few months, and I absolutely cannot wait to excercise my RKBA. Bellingham is a college town, and while I'm comfortable with OC, I don't feel the need to do it all the time. Will probably do it while hiking around in the woods. Otherwise, concealed is for me. I'm a big dude, 6'4 290 pounds, so accidental exposure In my choice and manner of dress may become an issue. Also, my firearm is a Sig 226 in .40. I know about "dressing for the gun," but sometimes that sticks out more than just wearing a slightly longer shirt.

 

[TexasRifleman]

I see accidential exposure of CCW (CHL Weapon) here in Arkansas as a failure of the holder and/or clothing you are trying to conceal carry with.

That's painting it with a bit of a broad brush I think.

I've had my carry gun exposed in a convenience store. I've posted about it before in these kinds of threads.

A woman was dropping a box and I grabbed out to help, my shirt came up much higher than it normally does, the gun was exposed for a few seconds.

That's not a failure of anything, that's life. That's why the law here says 'intentional', because sometimes no matter how hard you try, "stuff happens" and it's not a crime to have "stuff" happen to you now and then.

 

[glockdriver]

in Oregon open carry is legal in all cities IF you have a ccw . Strange isn't it

 

[Lone_Gunman]

In Georgia, open carry is only legal if you have a permit, just like concealed carry. But if you are carrying concealed, and your weapon gets exposed, it is not a crime.

 

[deadin]

On the West coast of Washington it is better to not bring attention to yourself concerning OC or "accidental" exposure of a CCW.
As said earlier, it may not be "against the law", but you will find yourself explaining this to a LEO, and if they don't like your attitude, you may get to explain it to their shift sergeant downtown. If they really don't like your attitude, you even may have to have your lawyer explain it to a judge.
All in all it may take some time out of your busy day.

 

[ArmedBear]

it may take some time out of your busy day.

...and that's how LEOs get to enforce whatever they want, whether or not it's against the law.

Assuming that one has the mental and emotional makeup to keep his attitude positive, it might be time to end this. That's what some OpenCarry.org people did in Boise. It did take a little time for a few people, but the problem is now solved.

It's still not common to OC downtown, but I sure don't have to worry about my pocket revolver grip accidentally sticking out of my pocket.

OTOH my experiences with the police here have been extremely positive. Night and day, compared to some other places...

 

[SuperMagnum]

I think some of you really need to stop acting like CRIMINALS...guns are legal and so is carrying them, in every state. If someone sees my gun I HOPE they call the cops just so I can make them look stupid. If I offend anyone in the process all the better.

The only reason you need to HIDE a gun is if you are a criminal or otherwise legally restricted from gun ownership.

 

[ravonaf]

For those in places where OC is legal but "not recommended" you need to start organizing some Open Carry events. Get enough people together on a regular basis eventually the cops will stop bothering people and the regular Joe on the street will learn not to freak out when he sees a firearm. If it continues to be a problem get some lawsuits going. After some nice hefty payouts someone will eventually learn their lesson.

 

[Hungry Seagull]

Texas Rifleman, Broad brush indeed. Just the other day I had a taser with us in a big pocket. Local Officer could see it in the pocket but kept her cool while in food line. No problems. Except that the lines were long and we allowed her to go up front first ahead so she can go back out on patrol.

I dont mind a little whoops here and there, life is like that. It's the other folks who might... have problems and call 911 saying there is a mad raving gunman ready to shoot up the entire joint that has me worried. I guess that is where the CHL should come in if that does happen.

The other thing I understand it is the brandishing law in our state. If you show the weapon or draw it intentionally without a justification, they can take you away for that.

So tell me this? Is a whoopsie exposure brandishing? Hate to find out in the school of hard knocks.

 

[SuperMagnum]

So tell me this? Is a whoopsie exposure brandishing?

Only to someone with a mental illness.

 

[ravonaf]

The other thing I understand it is the brandishing law in our state. If you show the weapon or draw it intentionally without a justification, they can take you away for that.

I can't speak for your state but in Virginia in order to be convicted of Brandishing there has to be an intent to harm or scare someone with the firearm when there is no threat of death or serious physical harm to you or another.

Pulling out your weapon in public to show your buddy your new sights would not be brandishing. Pulling out your weapon when in an argument with your buddy over the 5 bucks he owes you would be.

 

[mooseracing]

I think some of you really need to stop acting like CRIMINALS...guns are legal and so is carrying them, in every state. If someone sees my gun I HOPE they call the cops just so I can make them look stupid. If I offend anyone in the process all the better.

The only reason you need to HIDE a gun is if you are a criminal or otherwise legally restricted from gun ownership.

We are treated as criminals is the only problem. If I get the cops called on me my time is wasted (hard to put a nominal value on that), and depending on the cop's attitude there could be charges brought against you that you have to fight.

There's not always a free way out of it. If the person that called the cops would have charges filed against them or harrasment then I could see the light.