Pennsylvania Firearm Owners Association
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  1. #1
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    Default CC to OC/ Revealing sidearm?

    This has probably been asked before but I couldn't find it and was having a discussion with a friend today when it was asked, and I'm not 100% sure and couldn't find the answers on the web.

    If I am carrying concealed, lets say IWB and something is happening, a fight or argument that is about to turn violently ugly. is it legal to reveal I am armed by moving my shirt/ coat and in essence making it an "open carry" as a means of quickly de-escalating the confrontation?

    If I'm carrying concealed and accidentally reveal my pistol, getting in or out of a vehicle, or someone see's me re-holstering after driving, is there anything that I can get in trouble for?

    If the need arises and I feel that I have to draw my gun to prevent serious injury to myself or another while in a public location, what are the legal issues that I may have to deal with for performing this action, assuming the weapon isn't discharged

  2. #2
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    Default Re: CC to OC/ Revealing sidearm?

    Quote Originally Posted by Dredly View Post
    If I am carrying concealed, lets say IWB and something is happening, a fight or argument that is about to turn violently ugly. is it legal to reveal I am armed by moving my shirt/ coat and in essence making it an "open carry" as a means of quickly de-escalating the confrontation?
    Typically, NO

    Showing your firearm in way meant to intimidate could be construed as a threat and therefor assault.

    OC is just that, OC. Showing or indicating your firearm from CC or OC with the intent to intimidate will land you with at least a Disordery Conduct or assault charge.



    Quote Originally Posted by Dredly View Post
    If I'm carrying concealed and accidentally reveal my pistol, getting in or out of a vehicle, or someone see's me re-holstering after driving, is there anything that I can get in trouble for?
    No You are under no obligation by law to conceal.

    Quote Originally Posted by Dredly View Post
    If the need arises and I feel that I have to draw my gun to prevent serious injury to myself or another while in a public location, what are the legal issues that I may have to deal with for performing this action, assuming the weapon isn't discharged
    This is a complicated subject. As a general rule of thumb, If you are in legitimate fear of your life or grave bodily harm you should be OK in most circumstances that you DID NOT INITIATE AND CAN NOT RETREAT from. You are obligated to de-escalate when possible. Remember also that even in a clear cut case of self defense you could be sued civilly.

  3. #3
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    Default Re: CC to OC/ Revealing sidearm?

    sorry for asking what are probably dumb questions but I'd rather know now then later and this board is an awesome source of info (and amazingly civil compared to some others I'm on)

    - At what point can you change from a CC to an Open carry without risking getting in trouble? If you suspect there may be an issue can you tuck your shirt in behind your concealed weapon to make it open before being engaged? I was in a store today and some guys were being very vocal and threatening towards a store clerk, when I was in a different aisle could I have tucked my shirt behind my gun or removed my fleece to show that I was armed legally or could that be considered the same thing as before?

    - I understand the "retreat if possible" and I'm sure if family is involved it would be the same thing but what about being a good Samaritan? Not that I'm looking for trouble but if you walk to your car and see a guy beating the snot out of his woman or you see someone being mugged... etc. would stepping in be the "right" thing to do or the "illegal" thing to do? Clearly you can walk away like its not happening but should you?

  4. #4
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    Default Re: CC to OC/ Revealing sidearm?

    Not stupid questions. Very good questions that many may be hesitant to ask...


    Quote Originally Posted by Dredly View Post

    - At what point can you change from a CC to an Open carry without risking getting in trouble? If you suspect there may be an issue can you tuck your shirt in behind your concealed weapon to make it open before being engaged?
    The bold part is your key to leave the area, not prepare to engage.



    Quote Originally Posted by Dredly View Post
    - I understand the "retreat if possible" and I'm sure if family is involved it would be the same thing but what about being a good Samaritan? Not that I'm looking for trouble but if you walk to your car and see a guy beating the snot out of his woman or you see someone being mugged... etc. would stepping in be the "right" thing to do or the "illegal" thing to do? Clearly you can walk away like its not happening but should you?
    There is no simple answer to this question and the answer depends on many more details than posted.

  5. #5
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    Default Re: CC to OC/ Revealing sidearm?

    Quote Originally Posted by Dredly View Post
    sorry for asking what are probably dumb questions but I'd rather know now then later and this board is an awesome source of info (and amazingly civil compared to some others I'm on)

    - At what point can you change from a CC to an Open carry without risking getting in trouble? If you suspect there may be an issue can you tuck your shirt in behind your concealed weapon to make it open before being engaged? I was in a store today and some guys were being very vocal and threatening towards a store clerk, when I was in a different aisle could I have tucked my shirt behind my gun or removed my fleece to show that I was armed legally or could that be considered the same thing as before?

    - I understand the "retreat if possible" and I'm sure if family is involved it would be the same thing but what about being a good Samaritan? Not that I'm looking for trouble but if you walk to your car and see a guy beating the snot out of his woman or you see someone being mugged... etc. would stepping in be the "right" thing to do or the "illegal" thing to do? Clearly you can walk away like its not happening but should you?
    You can tuck your shirt to expose your weapon if you feel like you may need to get to it. I would not do so in the middle of an argument as it would be construed as a threat. If you're in another aisle and there is something going on up front, I would expose mine if only to just to have it more readily accessible. You never want to show your weapon as a means of de-escalation, it is assault. If you feel that someones life or your own is in danger, and you or they can not retreat, you can use deadly force, but you better be damn sure before you do. There is no "when" to switching from CC to OC. You can move freely between the two modes, but doing it in the middle of an argument is going to get you arrested......

    "I would rather be exposed to the inconveniences attending too much liberty
    than to those attending too small a degree of it."~Thomas Jefferson, 1791
    Hobson fundraiser Remember SFN Read before you Open Carry

  6. #6
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    Default Re: CC to OC/ Revealing sidearm?

    As a side note, there is no law in Pennsylvania against "brandishing", so if that's what you're worried about, then don't be.

    Threatening is a different story, though, and might be charged as an assault...
    Safety is a good tool for tyrants; no one can be against safety.

    Μολὼν λαβέ

  7. #7
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    Default Re: CC to OC/ Revealing sidearm?

    Quote Originally Posted by imperialism2024 View Post
    As a side note, there is no law in Pennsylvania against "brandishing", so if that's what you're worried about, then don't be.

    Threatening is a different story, though, and might be charged as an assault...
    I don't know why it even makes a difference. If you "brandish" your weapon, you are going to get charged with assault. Just wearing your sidearm open is not a threat. If you carry concealed, and you unconceal during an incident, with the intent of showing them that you have a weapon, you will be charged with assault if the police get involved.

    "I would rather be exposed to the inconveniences attending too much liberty
    than to those attending too small a degree of it."~Thomas Jefferson, 1791
    Hobson fundraiser Remember SFN Read before you Open Carry

  8. #8
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    Default Re: CC to OC/ Revealing sidearm?

    Quote Originally Posted by imperialism2024 View Post
    As a side note, there is no law in Pennsylvania against "brandishing", so if that's what you're worried about, then don't be.

    Threatening is a different story, though, and might be charged as an assault...
    I think that might be what I was asking... Overall the Open Carry concept is pretty new to me... to be honest I didn't even know it was legal until I started reading on here. There is some excellent info on here, thats for sure.

    I'm still not entirely clear on if it is permitted to help others or not for fear of getting in trouble... While I, like most Americans, can sleep in bed knowing that people are murdered every night and every minute I don't know what I would do if I knew I could have prevented something... whether armed or not.

    can I play out some scenarios and have you tell me what you would have done? I know I'm probably over thinking this but if I already have a course of action in the event that something happens it would be much easier then on the spot thought

    - If weapons were drawn and the store owners life was in danger but mine wasn't?

    - if they started throwing bottles and items at the owners or me?

    - if they started destroying the store but weren't threating to harm me or the owners?

    as mentioned I have no desire to get caught in a situation like this but I do visit a WaWa and some gas stations that get robbed fairly often (corner of 115 and 715 is about a weekly target)

  9. #9
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    Default Re: CC to OC/ Revealing sidearm?

    I'm glad this was asked, cause I have a question. Wouldn't Open carrying be considered some sort of intimidation anyways?

  10. #10
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    Default Re: CC to OC/ Revealing sidearm?

    Quote Originally Posted by Ozone View Post
    I'm glad this was asked, cause I have a question. Wouldn't Open carrying be considered some sort of intimidation anyways?
    No.

    (ten char)

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