Looking for the staute number on this

[*Klutch*]

I was in my LGS today when 2 guys walked in looking pretty young and inexperienced in firearms(my assumption) asking if they had a laser. The guy at the counter said for what gun, one of the guys whips out a Ruger in 45acp that he was mexican carrying in the small of his back and says "this" as he handed it to the counter guy. They guy looks at it and says where do you plan on mounting it there's no rail? Mexican carry guy goes "oh, I don't know". Then after a few minutes the Mexican carry guy is looking for HP ammo in 45 and the guy at the counter was helping him and talking about the barrel length and again the guy whips out the gun and removes the mag and hands it over the counter and says"it's not loaded", so the counter guy pulls back the slide and BINGO! a 45ACP round hits the floor! There was a guy in there with his young son maybe 5-6 years old and several others around while this nimrod is waving his"unloaded" gun around. Now my question is I know that unholstering a loaded firearm in public is not legal but what is the statute on this as I would like to read it and also this guys at the LGS are going to be putting up signs but want to know what the statute is beforehand. I figured maybe Gunlawyer or one of the other guys who know this stuff well could help out here.

[falcn]

If unholstering a loaded gun in and of itself was illegal, then we're all criminals.

[streaker69]

If unholstering a loaded gun in and of itself was illegal, then we're all criminals.

That and, the guy in the OP's story wouldn't be guilty of it anyway, since he wasn't carrying in a holster.

[MrUgly]

It's not illegal to unholster a gun in public. However:

§ 5503. Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly
conduct if, with intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or
tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture;
or
(4) creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of
the actor.
(b) Grading.--An offense under this section is a misdemeanor
of the third degree if the intent of the actor is to cause
substantial harm or serious inconvenience, or if he persists in
disorderly conduct after reasonable warning or request to
desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--As used in this section the word "public"
means affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places
included are highways, transport facilities, schools, prisons,
apartment houses, places of business or amusement, any
neighborhood, or any premises which are open to the public.

That said, the shopkeeper should simply tell the douchebag to leave.

IANAL

[knight0334]

It's not illegal to unholster a gun in public. However:




That said, the shopkeeper should simply tell the douchebag to leave.

IANAL

Bingo. The answer is in the post above.

There isn't even a requirement that you carry your gun in a holster. You could legally duct tape it to your forehead if you like.

[nlcrsn]

Asking him to leave is a viable and prudent option. While seeing if this untrained individual would accept some training seems obligatory. For his own & others future safety.

[ByblosHex]

He didn't break the law unless you want to push it. Unfortunately general stupidity is not Illegal.

[*Klutch*]

thanks for correcting me guys.

[ViperGTS19801]

He didn't break the law unless you want to push it. Unfortunately general stupidity is not Illegal.

Agreed. However, "Get the fuck out of my store and don't ever let me see you in here again" would have been entirely appropriate.

[ByblosHex]

Agreed. However, "Get the fuck out of my store and don't ever let me see you in here again" would have been entirely appropriate.

I totally agree.