Another open carry question

What is the exact law when it comes to open carry and how much of the gun is open and how much is concealed? Obviously with the gun in the holster you cant see all of the barrel or the trigger etc but how much of the rest of the gun must be seen to be open carry? Say my shirt is not tucked in and its hanging over the top of my gun covering just the rear site, its it still open or have I know gone into concealed carry? Is it left up to an officer to decide if its concealed or not?

I have often wondered this as well. For instance if I have it the pistol in my holster and Im traveling in my car
I will stick the barrel betwwen the console and the seat. Down in about a half inch to and inch

Clearly out in the open but a very small portion is hidden , not sure what the law states on that

I know this is an OPEN CARRY forum so I will probably get flack for suggesting this.

This is why I got my CC permit. I open carry when I have my shirt tucked in but when it's not, or this time of the year with the cold weather, while wearing a jacket, it is almost impossible to open carry. Get a CC permit and your covered for any situation.

gary737 said:

I know this is an OPEN CARRY forum so I will probably get flack for suggesting this.

This is why I got my CC permit. I open carry when I have my shirt tucked in but when it's not, or this time of the year with the cold weather, while wearing a jacket, it is almost impossible to open carry. Get a CC permit and your covered for any situation.

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I have to agree with you- and I do have my CC permit for reasons not too different than that. I enjoy open carrying, but if my jacket covers the gun or if I really just don't want certain company to know I'm carrying, I can conceal when I want to. Legally, it gives me a bit more leeway in how I carry.

As far as what is considered concealed or not: I don't know of any law that states what is or is not concealed. However, my opinion is that if the gun is worn in a way so as to be seen and it is able to be seen, it is open carry. If an officer is standing on your weak side and can't see an obviously open carried weapon on the other side of your body, that doesn't make it concealed- it just mean's you're not see-through. I have carried many times in an IWB holster with my shirt tucked in behind it. Half of the pistol is clearly able to be seen and there is no way for any clothing to cover up the rest. I like this method for several situations because it is more low-key than my Serpa OWB holster and when I wear a black shirt behind it, the gun is hard to pick out at a glance. Hidden in plain sight!

Police interpretation is what I am worried about. They could say "well the rear sight on your gun was slightly covered by your jacket and the front half of it is in the holster so that is concealed," or some ******** like that. Just trying to cover all my angles.

NCCobra said:

Police interpretation is what I am worried about. They could say "well the rear sight on your gun was slightly covered by your jacket and the front half of it is in the holster so that is concealed," or some ******** like that. Just trying to cover all my angles.

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first INAL...i have searched the NC statutes (http://www.ncleg.net/gascripts/statutes/statutes.asp & http://www.ncsheriffs.org/documents/2007-NC-Firearms-gun-Laws-rev2011.pdf) high and low for something regarding these situations and have come up with nothing about if something partially covered or partially exposed or...

bottom line, if you are presenting appropriately, and your shirt slips over and you are called for it...eh...fingers cover the mouth, opps sorry!!

if you are concealing without a CHP where you shouldn't be (as defined by NC statute) and you immediately OC, eh, with several exceptions, you are still guilty of carrying where prohibited by statute.

wabbit

ncwabbit said:

first INAL...i have searched the NC statutes (http://www.ncleg.net/gascripts/statutes/statutes.asp & http://www.ncsheriffs.org/documents/2007-NC-Firearms-gun-Laws-rev2011.pdf) high and low for something regarding these situations and have come up with nothing about if something partially covered or partially exposed or...

bottom line, if you are presenting appropriately, and your shirt slips over and you are called for it...eh...fingers cover the mouth, opps sorry!!

if you are concealing without a CHP where you shouldn't be (as defined by NC statute) and you immediately OC, eh, with several exceptions, you are still guilty of carrying where prohibited by statute.

wabbit

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NC has no laws defining what is open carry, I prefer we keep it that way. We do have concealed carry mentioned in the NC Constitution, and in NC law. If you are not concealed you are within the law, unless in one of those restricted places to carry. If a officer can clearly see your gun it obviously is not concealed. I even asked the Harnett magistrate this years back about a full flap holster for inclement weather. Her response was that a holster designed for a gun and clearly a handgun holster even full flap was not concealed, but should a coat be worn over the holster then it would be concealed. Buck or other folding knives in belt cases are not considered concealed even though the knife is fully covered, again wearing a coat over the knife if it is beyond length limits is then concealed.

The police here in NC seem to be non aggressive on carry, at least to me. A few months before the concealed law was passed I was trying to get two hogs off highway 87 with help from a few neighbors. A state trooper stopped to help and clearly saw the firearm under my coat as I was pushing and shoving the sows. He never said a word.