partial exposure of concealed firearm

[Kleanbore]

No, as a life long AZ resident, if your lawfully carried concealed firearms or firearms became accidentally exposed, you just went from legal - concealed, to legal - open. No worries.

True...that's very simple, and of course the operative word is accidentally.

However, should one deliberately expose, point to, place one's hand upon, or mention a firearm in a potential confrontation, the Defensive Display of a Firearm justification could come into play as a defense against charges of aggravated assault.

The issue would then be , did the person with the firearm, knowing what he or she knew at the time, have a reasonable basis for believing that doing so had been immediately necessary to defend against an imminent threat of (at least) physical non deadly force?

That will be determined by others after the fact, based on evidence and testimony presented to them.

And this could be the rub: witnesses may well have seen and been aware of the person's behavior concerning the firearm, but there is a good possibility that their attention had not been drawn to the situation until after what the defendant claims to have necessitated his or her actions had already occurred. They may only be able to describe what they saw as an unlawful act.

That's just the way things often work.

 

[MedWheeler]

Kleanbore writes:

It was a big deal in Florida, too. They still do not permit open carry, but there is now a provision in the law decriminalizing brief exposure of a concealed forearm as long as there is no intent to impress others in any way.

Yes, it was. What we got, though, was the watered-down remains of an open-carry bill. Still, it was an important step.Now, on the hottest days, I can even leave my cover garment off while driving and put it on when I get where I'm going (I'm left-handed, so my sidearm is not visible when I'm seated behind the wheel.) I still avoid letting just anyone see it if I can.

 

[Rule3]

If the OP question was/is about the State of Arizona why do people post laws and statements about other States which have nothing to do with the original question? Every State is different.

 

[MedWheeler]

Rule3 writes:

If the OP question was/is about the State of Arizona why do people post laws and statements about other States which have nothing to do with the original question? Every State is different.

Because of this line in the OP. Other contributors may have been trying to figure out where she heard it.

I have this vague idea (which might well be from some other jurisdiction)....

 

[Rule3]

Rule3 writes:



Because of this line in the OP. Other contributors may have been trying to figure out where she heard it.

Well now we all have a "vague Idea" about something that is vague about the Law someplace else.

 

[MedWheeler]

^^ And we're glad you were interested enough to participate and contribute.

 

[Deanimator]

In Arizona if you are over 21 and not a prohibited person it is legal to carry open or concealed. I have this vague idea (which might well be from some other jurisdiction) that if you are carrying concealed and your garment accidently moves in such a way as to partially expose your gun, that's illegal? Would appreciate if someone here can clarify for me, thanks in advance.

Despite what cops may tell you, in Ohio it has no legal significance. Partial concealment may prompt a legally justifiable request to see your credentials. If they try the "inducing panic" fairy story, they're either ignorant or lying.

 

[Kleanbore]

Well now we all have a "vague Idea" about something that is vague about the Law someplace else.

For those who travel, that can be a helpful starting point.

 

[Rule3]

For those who travel, that can be a helpful starting point.

A starting point for what? If people travel from some other State, this has nothing to do with reciprocity.??

 

[old lady new shooter]

Correct, it has nothing to do with reciprocity per se. But many states have reciprocity with each other, despite there being no federal law for such. If you carry in more than one state it's good to know how the laws differ. One example is that in some states, if stopped for a traffic violation, you are required to immediately inform the police officer that you are carrying, whereas in other states you are required only to answer truthfully if asked.

 

[Rule3]

Correct, it has nothing to do with reciprocity per se. But many states have reciprocity with each other, despite there being no federal law for such. If you carry in more than one state it's good to know how the laws differ. One example is that in some states, if stopped for a traffic violation, you are required to immediately inform the police officer that you are carrying, whereas in other states you are required only to answer truthfully if asked.

And once again this has nothing to do with your original question/Thread

Which was:

"In Arizona if you are over 21 and not a prohibited person it is legal to carry open or concealed. I have this vague idea (which might well be from some other jurisdiction) that if you are carrying concealed and your garment accidently moves in such a way as to partially expose your gun, that's illegal? Would appreciate if someone here can clarify for me, thanks in advance. "

Florida has a clause for accidental exposure (of a CW) But it doesn't pertain to Arizona.

Florida has no requirement to report a CW unless ASKED. What is Arizona? again, not related to the original question

So after all these posts on this thread what conclusion have you reached for the State of Arizona.
.

 

[old lady new shooter]

The conclusion for the state of Arizona regarding the original question is that it's not a problem since both concealed and open carry are legal.

 

[danez71]

A starting point for what? If people travel from some other State, this has nothing to do with reciprocity.??

No one said it did.

You don't need reciprocity to CC, or OC, in AZ but the OP question could apply or be helpful to those who travel to AZ.

 

[Rule3]

No one said it did.

You don't need reciprocity to CC, or OC, in AZ but the OP question could apply or be helpful to those who travel to AZ.

OK then , that solves everything, After 30 something posts.

 

[Kleanbore]

A starting point for what?

For those who travel to other states, discussions of this kind can be useful for alerting them to the nuances of the laws in the other jurisdiction. Most of us are interested in such things.

If people travel from some other State, this has nothing to do with reciprocity.??

You lost me.

Florida has a clause for accidental exposure (of a CW) But it doesn't pertain to Arizona.

Florida has no requirement to report a CW unless ASKED. What is Arizona? again, not related to the original question

No, they do not pertain to persons when they are not in Florida.

I won't speak for Old Lady New Shooter, but I would surmise that, unless she intends to always turn around before crossing any state lines, she would be interested in the laws in the other jurisdictions.

And she did frame the question to indicate that she may have heard something different bout another jurisdiction. She may have been referring to something that was true at one time in Florida, but that is no longer in effect there.

 

[Insignificant bill]

I live in Texas, we have both and I don't worry about my gun showing by accident

 

[Dibbs]

Never heard of anyone being charged for accidently exposing a concealed handgun.

In Florida, you can OC if you are going to, or coming from, fishing or hunting. So I have a CCW permit, keep a fishing pole in the back of the truck. Never been called on it yet.

 

[Kleanbore]

In Florida, you can OC if you are going to, or coming from, fishing or hunting. So I have a CCW permit, keep a fishing pole in the back of the truck. Never been called on it yet.

I'm not sure just how persuasive that pole might be under some circumstances.