Frank has already answered the real question. It will come down to why, how, and under what circumstances. It is really not a good idea at all to try to get cute about it.Posted by quert65: in AZ, LA, VA, UT, WY, MT or any other open carry state. Is it legal to open carry in public?
In those areas where it is legal can you ccw and then open carry on the same day?
Can you legally take of your jacket thereby exposing your firearm to public view?
If you carry your wallet in your right hand side back pocket(I do) and IWB on your R side, can I reach for my wallet?
If I'm in a parking lot and I feel threatened may I take off my coat? Put my hand on my wallet to make sure it is secure?
There is one, and that is to carry openly.My point is that there are ways to display your firearm legally in open carry states that may prevent you from being harmed/using your weapon which I think everyone can agree is the goal.
There have been plenty, but conviction is only the worst case.Also I would honestly, like to see a case where someone was convicted in a state with legal open carry, and they never opened their mouth or touched their sidearm
The situation in gun friendly, open carry Arizona became so serious that
- People became felons and served time for what many, if not most, of us would consider to have been reasonable actions;
- The Arizona CCW website and training materials emphasized in great death the serious legal consequnces of exposing a concealed firearm, or putting one's hand on it through a garment, or mentioning its presence, or reaching into a purse containing a firearm, under circumstances in which the actor could not demonstrate a basis for a reaonable belief that deadly force had been immediately necessary to prevent death or iimminent bodily harm, and explained by way of numerous examples when uncovering the firearm might be appropriate and when it would not be
- The legislature saw the need to amend the law to reduce the threshold for justification to a situation involving the immediate necessity for non-deadly physical force. The amendment was vetoed the first time, but it later became law.
There are a handful of states in which one may lawfully display or even produce a weapon under threatening circumstances that would not justify the use of deadly force. However, in all of them, non-deadly physical force would have to be justifiable.
Arizona now permits the defensive display of a firearm under certain circumstances, but the law has not ben tested, and Arizona attorney Michael Anthony recommends against drawing unless the circumstances would indicate the need for deadly force.
Several states do permit drawing a firearm under some circumstances in which the threat has not yet risen to a level requiring deadly force. As has been mentioned, Texas is one of them.
Searching around for examples won't help you--the only way court cases are routinely recorded in detail comes about when appellate decisions pertinent to the legal question at hand are rendered. There would have to be a conviction, an appeal on the basis the relevant legal question at hand, and an appellate decision--which is how the common law was written in the first place.
Far better to consult a competent criminal defense attorney in your jurisdiction, in private.