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Would a holster like this be considered open carry?

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,431
Location
northern wis
If or if not this would be conceal depends on how the law is written and might even depend on past court cases.

I would agree that if one sees a holster one would assume that there is a firearm there. Thus the firearm isn't concealed.

But we know what assuming makes one.

In Wis. had a judge rule that a buck knife was concealed because actual knife was hidden inside its case on defendants belt.

When one is dealing with the anti gun, weapons elements. One can expect them to twist the law for their own means.

I believe in MS if any part of the gun is hidden it is considered concealed.

http://gunwatch.blogspot.com/2013/03/concealed-and-open-carry-in-mississippi.html
 
Last edited:

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
If or if not this would be conceal depends on how the law is written and might even depend on past court cases.

I would agree that if one sees a holster one would assume that there is a firearm there. Thus the firearm isn't concealed.

But we know what assuming makes one.

In Wis. had a judge rule that a buck knife was concealed because actual knife was hidden inside its case on defendants belt.

When one is dealing with the anti gun, weapons elements. One can expect them to twist the law for their own means.

I believe in MS if any part of the gun is hidden it is considered concealed.

http://gunwatch.blogspot.com/2013/03/concealed-and-open-carry-in-mississippi.html

Wow I have not seen anyone arrested for a buck knife in a belt case. Somebody must have had a bad day. I do carry my folders in open top belt holsters, but that is mostly for convenience.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
Though what gutshot said seems reasonable, times, they are a-changin'.

You can't look back on case law and be assured you are not going to be the first case.

Who would have thought a reasonable looking LEO would rip out a young, compliant black woman's window and slam her to the ground due to a taillight being out?

He said he didn't have room to hand her the ticket on the clipboard, AND he was videoing that this was not true. (we've all seen it, I'm not posting it again).

And there are cases where people made an issue out of something like this. Obviously the OP is concerned. Should we be inaccurate and pshaw him? Should we offer up exceptions as the rule? Should we say 'chances are...go ahead?

I don't know but if you have some kind of local assurance it's OK, and they don't hire a new guy from KAlifornia, and if he didn't just have a bad day...that's a lot of 'IF's.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
There are very few gun laws in Ky. and very little case law on them, because they are plainly written. Case law comes about when there is a difference of opinion on what the statutes mean and there is a trial. That seldom exists here. Since nobody has every been charged with a crime for doing this, it leads me to believe that everybody understand that it is legal. No one has ever been charged with a crime for eating a ham sandwich and no case law exists, but I don't hesitate to eat one if I want to do it. The fact that there is no case law saying it is legal doesn't scare me. I feel exactly the same about this. We all know that eating a ham sandwich is legal. We don't need case law, AG's opinions or any other crap. If we are going to worry about cops having a bad day or a new guy who doesn't know what he's doing we should just stay home and hide under our beds.


YOU ARE COMPLETELY MISSING THE POINT, my fren.

Nobody is advocating one worry about XYZ. None of the regulars posted 'SHOULD I WORRY ABOUT A FLAPPED HOLSTER'?

Yet you post as though you can't read the OP's post, which was a question - basically is there a chance, a remote chance, absolutely no chance under Heaven or Earth, I don't know his mind.

So:
o Remote chance - NO, it is legal in Kentucky, though it is not in the written law. It has not been found by Gutshot in Case Law.

o Is there absolutely any chance under Heaven or Earth it is not legal ANYWHERE IN THE US. SURE. It's illegal in NY, NJ, MD, CA, and some other places.

o Is there no chance under heaven or GOD'S GREEN EARTH IN KENTUCKY, that no matter what, you can shoot me in the head if it ever happens - I would say 'be cautious', because times are changing. Cops come in transferred from Ca, NY, MD, NJ and FORGET they are in Kentucky. A KENTUCKY COP CAN HAVE A BAD DAY - NOT SO FAR, BUT IT COULD HAPPEN. I'd say be cautiously optimistic in KENTUCKY.

Upshot: Go ahead, see what happens - why are you so worried, OP? You a mouse or a Man? That's Gutshot's opinion, wait no, GS speaks directly to GOD, ALMIGHTY. He might even have it on a stone tablet.
-==------

What I'm saying is it's a QUESTION not asked by ME.
You do your due diligence and look at the totality of circumstances, the location, the standard tone in the US and give a range of probabilities. You are free to post yours - basically a WAG, and an addendum to intimidate anyone else's WAG.

That's different than ME posting a topic - I'm gonna be all worried about ham, sandwiches and flap holsters in KY, am I paranoid? I NEVER POSTED THAT.

HTH.
 
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