Is this open carry or concealed?

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Tim Currie

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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
 
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.
 
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.
 
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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.
 
"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.
 
To be on topic, this may well be the intent of the law, but what is the point of carrying an empty firearm?
Click to expand...

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...
 
Im heading into the Sierras this weekend.

I will be armed. holstered on my hip, for all the world to see
 
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.
 
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.
 
If you can see the gun then it isnt concealed.
Click to expand...
+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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