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Thread: Is this open or concealed?
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March 25th, 2010, 03:54 PM #1
Is this open or concealed?
Yesterday while walking the dog I wondered what an Officer might say if he pulled up to have a chat with me? I was carrying my Glock 26 in the Crossbreed Supertuck however my shirt was tucked in and the gun was on the outside of the shirt. So basically half my gun was concealed and half was open. I do have my LTCF but if I was stopped and asked for it could I deny them the pleasure because I was open carrying? Or, would he be justified to come back and say well half of it is concealed so fork over that LTCF? Basically when open carrying must the entire gun be visible? My guess is yes ....
If I'm right then I was actually CCing.
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March 25th, 2010, 03:56 PM #2
Re: Is this open or concealed?
IMO, you were open carrying. To the observer, there was no question you were carrying a firearm, thus it was not 'concealed'.
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March 25th, 2010, 03:57 PM #3
Re: Is this open or concealed?
Could someone reasonably discern it to be a firearm, in common view? I'm sure they could tell it was a gun if they could see it. ...so, it was open.
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March 25th, 2010, 04:08 PM #4
Re: Is this open or concealed?
Thanks guys, I was just wondering where the line was. But its probably not a question that can be answered. An everyday run of the mill person who does not own/care about firearms wouldn't be able to distinguish just a grip exposed as being a gun. Yet I could, so since I can still openly see the wearer has a gun is he still Open Carrying?
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March 25th, 2010, 04:36 PM #5Grand Member
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Re: Is this open or concealed?
The PA statute does not have a definition of concealed, but FWIW, Texas does:
"'Concealed Handgun' means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person."Almost a LIB .... ertarian
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March 25th, 2010, 05:53 PM #6Active Member
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Re: Is this open or concealed?
Do they really even have the right to demand your LTCF if your conceal carrying and they catch sight of it? I would say no.
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March 25th, 2010, 05:59 PM #7Grand Member
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Re: Is this open or concealed?
You are required to produce your LTCF in response to a "lawful demand" by an LEO.
Nobody knows what "lawful demand" means.Almost a LIB .... ertarian
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March 25th, 2010, 06:24 PM #8Grand Member
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Re: Is this open or concealed?
This is all I could find on the definition of concealment.
http://scholar.google.com/scholar_ca...t=800000000004
189 Pa. Superior Ct. 399 (1959)
Commonwealth
v.
Butler, Appellant.
Superior Court of Pennsylvania.
Our interpretation of the statute under consideration is that the issue of concealment depends upon the particular circumstances present in each case, and is a question for the trier of fact.The 2A does not GIVE us the right. It tells the gov they can not INFRINGE our right.
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March 25th, 2010, 06:29 PM #9
Re: Is this open or concealed?
In my opinion, you were OC. Part of the weapon was exposed, you made no real attempt to cover (your shirt was tucked BEHIND the holster). If your shirt were OVER the gun/holster then you would be CC.
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March 25th, 2010, 07:07 PM #10
Re: Is this open or concealed?
Thanks gents! Carried again same way today. It's hard to find a OWB for my G26 with the crimson trace (connect in front of the trigger guard).
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