Pennsylvania Firearm Owners Association
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  1. #1
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    Default How exposed does a gun have to be to be 'open'?

    Didn't even know what search terms to use, but here is the question:

    If I am carrying concealed and the bottom part of my gun is sticking out and someone can identify it as a gun, presumably it is no longer concealed.

    What is the opposite of that?

    Suppose I am open carrying and my shirt/jacket covers part of my gun? If the top 1/2 inch is covered, not a big deal, but how much further before it becomes an issue?

  2. #2
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    Default Re: How exposed does a gun have to be to be 'open'?

    Quote Originally Posted by ReefBlue View Post
    Didn't even know what search terms to use, but here is the question:

    If I am carrying concealed and the bottom part of my gun is sticking out and someone can identify it as a gun, presumably it is no longer concealed.

    What is the opposite of that?

    Suppose I am open carrying and my shirt/jacket covers part of my gun? If the top 1/2 inch is covered, not a big deal, but how much further before it becomes an issue?

    I have never seen a definition for this, and I have looked. The best I could suggest is the "reasonable person test". If a reasonable person would recognize you are carrying a gun, it is not concealed.

    Do you have your LTCF?
    While many claim to support the right, precious few support the practice.

  3. #3
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    Default Re: How exposed does a gun have to be to be 'open'?

    Quote Originally Posted by Curmudgeon View Post
    I have never seen a definition for this, and I have looked. The best I could suggest is the "reasonable person test". If a reasonable person would recognize you are carrying a gun, it is not concealed.

    Do you have your LTCF?
    Curmudgeon is correct (as usual ). Pa statutes do not provide a definition as to the demarcation between concealed and unconcealed. I have seen a few states define concealed such as in:



    North Dakota Century Code
    CHAPTER 62.1-04
    CONCEALED WEAPONS 62.1-04-01. Definition of concealed. A firearm or dangerous weapon is concealed if it is carried in such a manner as to not be discernible by the ordinary observation of a passerby.
    There is no requirement that there be absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily discernible
    .
    This IMO is a reasonable working definition. Since your asking how a firearm become unconcealed I presume you have an LTCF or equivalent. If so, what's the concern if it becomes exposed?
    Last edited by tl_3237; December 23rd, 2010 at 07:54 PM.
    IANAL

  4. #4
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    Default Re: How exposed does a gun have to be to be 'open'?

    Quote Originally Posted by Curmudgeon View Post
    I have never seen a definition for this, and I have looked. The best I could suggest is the "reasonable person test". If a reasonable person would recognize you are carrying a gun, it is not concealed.

    Do you have your LTCF?
    Yeah, sounds good, but try FINDING a "reasonably person" these days.
    http://www.youtube.com/watch?v=6mK2JYfZAmA When will America become America?

  5. #5
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    Default Re: How exposed does a gun have to be to be 'open'?

    I'm certainly not an expert on this but it's probably because I don't care much about the distinction.

  6. #6
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    Default Re: How exposed does a gun have to be to be 'open'?

    Quote Originally Posted by tl_3237 View Post
    Curmudgeon is correct (as usual ). Pa statutes do not provide a definition as to the demarcation between concealed and unconcealed. I have seen a few states define concealed such as in:





    This IMO is a reasonable working definition. Since your asking how a firearm become unconcealed I presume you have an LTCF or equivalent. If so, what's the concern if it becomes exposed?
    My permit expired but I have no plans to open carry, I wouldn't even know how to go about it in the winter with a heavy coat on without a duty belt or a drop-leg which would be really weird to do.

    I'm more curious than anything. I'm just wondering what would be the deal if I (or someone else) was open carrying and only left the bottom inch of the gun exposed.

  7. #7
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    Default Re: How exposed does a gun have to be to be 'open'?

    Quote Originally Posted by ReefBlue View Post
    My permit expired but I have no plans to open carry, I wouldn't even know how to go about it in the winter with a heavy coat on without a duty belt or a drop-leg which would be really weird to do.

    I'm more curious than anything. I'm just wondering what would be the deal if I (or someone else) was open carrying and only left the bottom inch of the gun exposed.


    Just my opinion, but if I were carrying under a garment that only left the bottom inch of the weapon exposed, I would not be referring to that as "open carry".
    While many claim to support the right, precious few support the practice.

  8. #8
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    Default Re: How exposed does a gun have to be to be 'open'?

    Quote Originally Posted by ReefBlue View Post
    My permit expired but I have no plans to open carry, I wouldn't even know how to go about it in the winter with a heavy coat on without a duty belt or a drop-leg which would be really weird to do.

    I'm more curious than anything. I'm just wondering what would be the deal if I (or someone else) was open carrying and only left the bottom inch of the gun exposed.
    Doesn't really contribute to the thread, but why did you let it expire? Why not renew it?
    http://forum.pafoa.org/image.php?type=sigpic&userid=32148&dateline=128288  0834

  9. #9
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    Default Re: How exposed does a gun have to be to be 'open'?

    It's not in the statutes, but there is case law on this question.

    It's similar to "how roughly can I handle this nitroglycerine before it explodes?" If it matters where the borderline is, then stay as far away as you can. With an LTCF, is doesn't matter. Without, you'll go to jail if you push the limits and guess wrong.

    BTW, just because someone can tell that you're armed doesn't mean that you aren't concealing. A gun will print through a T-shirt, that doesn't make it Open Carry.

  10. #10
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    Default Re: How exposed does a gun have to be to be 'open'?

    I thought I saw this dude on Uzitalk. I can't believe he doesn't have multiple permits let alone let LTCF expire. Maybe I'm mistaken.

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