Gun in holster... holster in hand... open carry?

**PA86** · July 15th, 2009, 09:53 PM

In an instance where I was to take out the trash at night and not belt up, if I walked with a holstered weapon in hand, could this present any problem, or is it perfectly legitimate open carry?

**ReconLdr** · July 15th, 2009, 10:12 PM

Originally Posted by PA86

In an instance where I was to take out the trash at night and not belt up, if I walked with a holstered weapon in hand, could this present any problem, or is it perfectly legitimate open carry?

I don't think this would be too big of an issue if you know your neighbors. I have carried my holstered pistol in my hand walking in the house. But my neighbors know me well enough to know I just took the holster off to drive. (sometimes the IWB gets a little uncomfortable on longer drives) They have seen me OC quite often.

Some things to consider, your profile says you live in Philly. I have heard horror stories about LEOs and carry rights down there, I would think they might have something to say about "hand carrying" your pistol. As far as the legality of hand carrying a holstered pistol, I don't know. I am certain there will be someone who will add their input.

**edstephan** · July 15th, 2009, 10:17 PM

Originally Posted by PA86

In an instance where I was to take out the trash at night and not belt up, if I walked with a holstered weapon in hand, could this present any problem, or is it perfectly legitimate open carry?

Could be dangerous.
Last night I scared my neighbors because I was walking with my gun in my hand after dark. They snorted and ran off.

Oh, my bad, wrong thread.
My neighbors are deer and bear

An OC Activist and 1 of the 3%
Ed Stephan

**NP1724** · July 15th, 2009, 10:55 PM

Originally Posted by edstephan

Could be dangerous.
Last night I scared my neighbors because I was walking with my gun in my hand after dark. They snorted and ran off.

Oh, my bad, wrong thread.
My neighbors are deer and bear

An OC Activist and 1 of the 3%
Ed Stephan

Give me your address, in about 2 months I can take care of those pesky neighbors for you.

**Brown-Bear** · July 18th, 2009, 09:22 AM

I don't see anything ileagal being dopne here, but it may garner you some unwanted attention. Bot otherwise no BFD right?

**tl_3237** · July 18th, 2009, 11:19 AM

Originally Posted by PA86

In an instance where I was to take out the trash at night and not belt up, if I walked with a holstered weapon in hand, could this present any problem, or is it perfectly legitimate open carry?

There is no PA definition for what constitutes 'open' carry or 'concealed' but, as has been discussed in other threads, a definition can be argued that a gun is concealed when it presence is not readily discernable to a reasonably observant person. We can also look to other states who have defined the term - for example North Dakota:

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

Using that definition I would then have to ask myself whether the physical form of the gun was so far out of norm that it would be unidentifiable as a gun to the average person. In the case oif a normally holstered gun I would think that its still readily identifiable as a firearm and hence you were OC. If you are in Philly you need an LTCF to OC.