When concealed carry becomes open carry

[Newton]

Here in Arizona we have concealed carry (with a permit) and open carry (without one).

Thing is, if I carry concealed and then accidentally brandish, something that would get me at least a warning in some states, and my permit revoked in others, if I do this in Arizona, doesn't it just mean that I decided to switch from lawful concealed carry to lawful open carry?

 

[hirundo82]

Depends what you mean when you say "brandish"--I think a better word there would be "expose." Brandish typically implies bearing a weapon in a threatening manner.

If you simply mean that your holster and gun are now uncovered, which could be brandishing in non-OC states, then there is no problem. It simply means that you are now open carrying, and it is perfectly fine if your state is cool with that.

 

[Old Fuff]

Yup, you can't brandish unless your hand is on, or reaching for the gun. A problem might occur if a person that could see the gun claimed that you reached for it. Best insurance here would be a holster with a thumb-break or other safety strap. It would be hard to prove brandishing if the strap was secured.

Some might try to say that simply seeing the gun was brandishing, but unless there was more to the story, that would be a hard case to make in Arizona.

 

[Sistema1927]

In Arizona, a weapon is considered openly carried if a portion of the holster can be seen. I think that you have descirbed a non-issue, I carry both openly and concealed while in Arizona, and so long as I am only carrying in the proper places I don't wory about it. Same here in my home, open carry, state of New Mexico.

 

[Srigs]

In Minnesota, you do need a permit but it is a "permit to carry" either open or concealed!

You would not brandish just by showing a holstered gun.

 

[Steelharp]

I asked my former LEO buddy that owns a gunshop about the brandishing thing some time ago, and what I would have to do to qualify for that since I have my permit... he took the blue dummy Glock off the desk and pointed it at my nose... he said, "For you, that's brandishing. You can walk around all day with it in your hand, if you want to."

 

[Newton]

Good responses, thanks.

 

[Standing Wolf]

The law in Colorado is essentially identical.

Thing is, if I carry concealed and then accidentally brandish, something that would get me at least a warning in some states, and my permit revoked in others, if I do this in Arizona, doesn't it just mean that I decided to switch from lawful concealed carry to lawful open carry?

There's no such thing as "accidentally brandishing." Letting a gun show isn't brandishing. Never has been. Never will be—except, of course, in some states whose legislators aren't bright enough to figure out how to work dictionaries.

 

[TimW]

It's exposing your firearm, not brandishing. Not illegal.

 

[Nitrogen]

Most AZ LEO's will say, "If it's in a holster, even if it's visible, it's fine.

Those same LEO's will highly recommend carrying in a holster to make that obvious. (not counting the obvious safety reasons!)

 

[hrgrisso]

FYI

Just so we're clear to all those not in the Grand Canyon state, we are talking about Arizona laws. Just don't want a THR'r (new to guns, new to CCW) to be mistakenly informed.

But if a person can see your gun in it's holster, its open carry. If they can't it's concealed (elementary I know!). Just know that you can't carry concealed w/out a permit and into any gov. buildings or any business that serves alcohol. Even if your a teetotaler... grrrrrr....

 

[.45&TKD]

if I carry concealed and then accidentally brandish,

The key word is "accidently".

If you were to suddenly and deliberately switch to open carry with the intent of intimidating someone, then "you would be committing aggravated assault" according to my CCW instructor in AZ. I asked him during the class.

 

[chris in va]

I love open carry allowances. Makes CC a no brainer. Want to get something off the top shelf in KMart? Go ahead, expose your piece...no problem.

As to what Steelharp was told by his LEO buddy, I don't think you can walk down the street with gun in hand singing the theme song to The Sopranos. If someone did that here in VA, we'd have 20 cop cars falling over each other getting to the Man With A Gun call.

 

[briansp82593]

what about here in MO i cant seem to find if its legal to open carry

 

[.45&TKD]

I don't drink, and as such I'm rarely if ever inside a "bar," more usually I'm in a Chili's or Chuy's "Grill & Bar type of place... but I'd prefer to stay inside the "letter of the law" in regards to AZ weapon's law.

Sid R Real,
Actually, it is illegal for you to carry concealed with your CCW in any establishment that serves alcohol, including restaurants like those mentioned.

Gov. Napolitano has vetoed attempts to change this.

 

[Lurper]

You'd be hard pressed to "accidentally" brandish your firearm. However, if you were carrying concealed and you moved your clothing to expose your firearm and someone felt it was threatening you could be charged w/brandishing. Also, if someone cuts you off and you grab your holstered weapon and lay it on the dash, that is brandishing.

 

[Autolycus]

Originally posted by Steelharp:
I asked my former LEO buddy that owns a gunshop about the brandishing thing some time ago, and what I would have to do to qualify for that since I have my permit... he took the blue dummy Glock off the desk and pointed it at my nose... he said, "For you, that's brandishing. You can walk around all day with it in your hand, if you want to."