Thread: IWB holster open carry
Is IWB holster legitimate way to open carry?
My reasons to OC
1. to raise awareness of the legality of open carry in Michigan
2. To raise awareness that good people carry guns
3. A deterrent to people so that I won't be targeted
4. Because it's more comfortable than CC in most situations
5. Because I can and want to
6. Because it's perfectly legal
7. Self defense
Last edited by Shadow Bear; 08-05-2012 at 11:37 AM.
'If the people are not ready for the exercise of the non-violence of the brave, they must be ready for the use of force in self defense. There should be no camouflage.....it must never be secret.' MK Gandhi II-146 (Gandhi on Non-Violence)-- Gandhi supports open carry!
'There is nothing more demoralizing than the fake non-violence of the weak and impotent.' MK Gandhi II-153 (Gandhi on Non-Violence)
If by legitimate your question centered on legality, I posted this before but do so again because I think it sums it up pretty succinctly...
Despite there being the case of the nephew of one of our members who plead guilty to a lesser charge when he was charged with CCW while doing just as described, I think it also is not a gray area as long as people seeing the person can observe that he/she is carrying a firearm. I do think, however, that anyone that does so is more likely to get police involvement in their activities. The reason for this is what it appears to be. People generally know that OC is legal, and CC is legal with a license. However, seeing someone that is OCing with an IWB, that would most likely be construed to be an accidental showing of a person CCing without a license. Additionally, if the firearm becomes obscured at any point by the clothing, it would be considered to have been concealed... unintentionally, but still concealed.
What I suggest is that if you plan to CC, do it so that your intentions are clear... keep the firearm concealed. If you plan to OC, also clearly make it obvious that you are OCing.
Now, if I were concealing with a CPL and really wanted to go in a no-CC zone, would I consider OCing with an IWB? Certainly. But I do this knowing that I may have LEO interaction and may have to deal with a civil-infraction case questioning if I were truly OC or CC.
I've added these just to show the legal cases regarding the definition of concealed... your definition may significantly differ from that used by the court...
A weapon is concealed within meaning of this section when it is not discernible by the ordinary observations of persons coming into contact with the person carrying it, casually observing him, as people do in the ordinary and usual associations of life. People v Clark (1970) Mich App 712, 176 NW2d 427
Total concealment or absolute invisibility is not prerequisite to violation of this section and a pistol may be concealed within the meaning hereat when it is not discernible by ordinary observation of persons coming into contact with the carrier casually observing him, as people do in the ordinary associations of life. People v Jones (1968) 12 Mich App 293, 162 NW 2d 847.
A weapon is concealed if it is hidden from ordinary observation of persons in the ordinary and usual associations of life.
People v Reynolds (1972) 38 Mich App 169, 195 NW2d 870.
In prosecution for carrying a concealed weapon, question of concealment turns on facts of particular case and is generally to be decided by trier of fact. People v Jackson (1972) 43 Mich App 569, 204 NW2d 367
Last edited by DrTodd; 08-05-2012 at 11:22 AM.
Giving up our liberties for safety is the one sure way to let the violent among us win.
"Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine
Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.