Results 1 to 25 of 25

Thread: can open carry actually be concealed carry?

  1. #1
    Regular Member
    Join Date
    Sep 2007
    Location
    , ,
    Posts
    2

    Post imported post

    Glad I found this site this is my first post so I'll try not to sound too stupid. My wife, works for 911, had one of the police officers tell here that if you open carry and you weapon lets say is in a holster on your right hip if he is on my left side and can't see the weapon it is concealed. That's a stretch in my opinion and I have already been chastised for even questioning what a police officer might say so can anyone give me a reference one way or another?

  2. #2
    Regular Member Marco's Avatar
    Join Date
    Jul 2007
    Location
    Greene County
    Posts
    3,844

    Post imported post

    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

  3. #3
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    capnjim01 wrote:
    had one of the police officers tell here that if you open carry and you weapon lets say is in a holster on your right hip if he is on my left side and can't see the weapon it is concealed.

    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  4. #4
    Regular Member
    Join Date
    Apr 2007
    Location
    , , USA
    Posts
    1,436

    Post imported post

    capnjim01 wrote:
    ....My wife, works for 911, had one of the police officers tell here that if you open carry and you weapon lets say is in a holster on your right hip if he is on my left side and can't see the weapon it is concealed.....

    What we have here is an officer with an attitude problem or a wife with an attitude problem.

    You were not present when the allegedstatement was made, so you do not know which is true.

    You know your wife and her attitudes, this is your best clue which, of the two,has the problem.

  5. #5
    Regular Member
    Join Date
    Mar 2007
    Location
    , ,
    Posts
    1,882

    Post imported post

    My recent experience relates to this question. I was transporting a weapon and not carrying it as such, but I got stopped by the police who saw the gun case and seached my car without permission, invoking the "plain sight" exception to the 4th amendment restriction on search and seizure. The detective then proceeded to arrest me for carrying a concealed weapon.

    How can a gun be at once in "plain sight" and concealed within the definition of the Ohio Revised Code? A patent absurdity, to be sure, but I was locked up for it nonetheless. The story is in the Ohio section.

    Cops can and do make up laws when they don't necessarily know about them, and they will not admit to error. Knowing that you are right won't prevent problems. Good luck.

    -ljp

    p.s. Welcome to the forum.


  6. #6
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350

    Post imported post

    No, he and/or she is wrong. You've been given a lot of good answers, but I'm just giving you my $.02. I actually got some decent advice from a LEO once regarding this. He said something to the extent of if it is visible from 3 sides (i.e. front, back, and right) then you're fine. This is primarily due to the fact that people aren't (generally) transparent.

  7. #7
    Regular Member
    Join Date
    Jul 2006
    Location
    Sioux Falls, South Dakota, USA
    Posts
    133

    Post imported post

    The cop is making stuff up.

    Open carry is open as long as there is no attempt to conceal the weapon and you have to make no attempt to uncover the weapon for people to see it.

    The cops viewpoint is akin to saying that if he can't see it, it must be invisible and it only becomes visible when he sees it. :?

    I'll bet he also believes that a treefalling in a forest makes no sound unlesshe is there to hear it.

  8. #8
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350

    Post imported post

    gsh341 wrote:
    The cop is making stuff up.

    Open carry is open as long as there is no attempt to conceal the weapon and you have to make no attempt to uncover the weapon for people to see it.

    The cops viewpoint is akin to saying that if he can't see it, it must be invisible and it only becomes visible when he sees it. :?

    I'll bet he also believes that a treefalling in a forest makes no sound unlesshe is there to hear it.
    Well technically sound, being the brain's interpretation of the movement of air molecules, would only exist if someone was there to hear it. :P

    But yeah, I could see a cop closing his eyes and saying "You're all under arrest for evading a police officer."

  9. #9
    Regular Member VAopencarry's Avatar
    Join Date
    May 2006
    Location
    The 'Dena, Mаяуlaпd
    Posts
    2,147

    Post imported post

    It's helpful to know what state you are in, definitions can vary. However, on the surface that is BS. On the other hand if you had a gun on your right hip while driving with a seat belt on I could see how that could be construed as concealed.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  10. #10
    Regular Member
    Join Date
    Jul 2007
    Location
    Lehi, Utah, USA
    Posts
    478

    Post imported post

    DreQo wrote:
    gsh341 wrote: But yeah, I could see a cop closing his eyes and saying "You're all under arrest for evading a police officer."
    ROTFLMAO.





  11. #11
    Regular Member
    Join Date
    Jun 2006
    Location
    Toledo, Ohio, USA
    Posts
    245

    Post imported post

    This brings me back to the good old days of plain sight provision in Ohio law and certain JBT's trying to suggest that holstered (desite that being part of the legal requirement of plain sight) made it concealed.

    Maybe they should chase bad guys for a change, eh?

  12. #12
    Regular Member
    Join Date
    Jul 2007
    Location
    Stafford, VA, , Afghanistan
    Posts
    349

    Post imported post

    He's full of crap....and any half-blind judge *should* throw any charges out.

  13. #13
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,445

    Post imported post

    DreQo wrote:

    Well technically sound, being the brain's interpretation of the movement of air molecules, would only exist if someone was there to hear it. :P

    But yeah, I could see a cop closing his eyes and saying "You're all under arrest for evading a police officer."
    So the air molecules don't move if a brain isn't there to sense it?? What is sound? What came first the moving air molecules or the brain?? SO a deaf guy and a hearing guy are in the woods and a tree falls, both guys have brains....so is there noise or not????
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  14. #14
    Regular Member
    Join Date
    Jul 2007
    Location
    Centennial, Colorado, USA
    Posts
    1,412

    Post imported post

    Venator wrote:
    DreQo wrote:

    Well technically sound, being the brain's interpretation of the movement of air molecules, would only exist if someone was there to hear it. :P

    But yeah, I could see a cop closing his eyes and saying "You're all under arrest for evading a police officer."
    So the air molecules don't move if a brain isn't there to sense it?? What is sound? What came first the moving air molecules or the brain?? SO a deaf guy and a hearing guy are in the woods and a tree falls, both guys have brains....so is there noise or not????
    He got it right. The air molecules move, but thats just vibrating air. Sound is the brain's interpretation of the vibrations. So, tree falls, you get vibrations. No brain getting signals from the ears, no sound.

    </geek>

  15. #15
    Regular Member
    Join Date
    Apr 2007
    Location
    Auburn, Alabama, USA
    Posts
    797

    Post imported post

    Legba wrote:
    How can a gun be at once in "plain sight" and concealed within the definition of the Ohio Revised Code? A patent absurdity, to be sure, but I was locked up for it nonetheless. The story is in the Ohio section.
    :what:Lol.... "He is charged with carrying a concealed weapon. I saw it using the 'plain sight' search rules"

    Yeah... I'd love to see how that plays out in court.

  16. #16
    Regular Member
    Join Date
    Mar 2007
    Location
    , ,
    Posts
    1,882

    Post imported post

    They amended the charge to improper transportation of a firearm - still a felony as alleged. Still ******** nonetheless.

    -ljp

  17. #17
    Campaign Veteran roscoe13's Avatar
    Join Date
    Apr 2007
    Location
    Catlett, Virginia, USA
    Posts
    1,134

    Post imported post

    FogRider wrote:
    He got it right. The air molecules move, but thats just vibrating air. Sound is the brain's interpretation of the vibrations. So, tree falls, you get vibrations. No brain getting signals from the ears, no sound.

    </geek>
    One of the dictionary definitions of sound is mechanical vibrations transmitted through an elastic medium. So, yes, if a tree falls in the woods and nobody is there, it still makes a sound...
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

  18. #18
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276

    Post imported post

    Legba wrote:
    They amended the charge to improper transportation of a firearm - still a felony as alleged. Still ******** nonetheless.

    -ljp
    What are the transport laws where you were pinched? If you were in Tennessee with no carry permit and the weapon was within reach (loaded or not) then you would be up the creek.

  19. #19
    Regular Member
    Join Date
    Jul 2007
    Location
    Centennial, Colorado, USA
    Posts
    1,412

    Post imported post

    roscoe13 wrote:
    FogRider wrote:
    He got it right. The air molecules move, but thats just vibrating air. Sound is the brain's interpretation of the vibrations. So, tree falls, you get vibrations. No brain getting signals from the ears, no sound.

    </geek>
    One of the dictionary definitions of sound is mechanical vibrations transmitted through an elastic medium. So, yes, if a tree falls in the woods and nobody is there, it still makes a sound...
    Ok, ya got me there. Wait, what was this thread about?

  20. #20
    Regular Member zoom6zoom's Avatar
    Join Date
    Jun 2006
    Location
    Dale City, VA, Virginia, USA
    Posts
    1,694

    Post imported post

    I can't see your license plates when I'm standing at the side of your car... so obviously it's not properly registered, right?.

    Concealed is "hidden from common observation." It's irrelevant if it's shielded from view because someone is on the other side, it's in plain sight if they with no intent of concealment.

  21. #21
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    capnjim01 wrote:
    ...the police officers tell here that if you open carry and you weapon lets say is in a holster on your right hip if he is on my left side and can't see the weapon it is concealed.
    By this definition of concealed, it would be impossible to not conceal a typical handgun on the typical person. Maybe if you had a really BIG gun it would be visible from every angle.

    So long as the officer doesn't blink, your firearm would then be visible at all times.

    :quirky
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  22. #22
    Regular Member
    Join Date
    Sep 2007
    Location
    , ,
    Posts
    13

    Post imported post

    ok, heres a twist- when can concealed carry possibly be considered open carry?



    say the outline of my gun shows through my shirt like if I bend over to pick something up, or if my shirt accidentally slides up??

  23. #23
    Regular Member
    Join Date
    Jul 2007
    Location
    Lehi, Utah, USA
    Posts
    478

    Post imported post

    freesoul wrote:
    ok, heres a twist- when can concealed carry possibly be considered open carry?



    say the outline of my gun shows through my shirt like if I bend over to pick something up, or if my shirt accidentally slides up??
    Some states have laws for printing (gun shows through shirt) and for accidental exposures.

  24. #24
    State Researcher
    Join Date
    Aug 2006
    Location
    , ,
    Posts
    340

    Post imported post

    capnjim, what state are you in?

  25. #25
    Regular Member
    Join Date
    Sep 2007
    Location
    , ,
    Posts
    2

    Post imported post

    north carolina

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •