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can open carry actually be concealed carry?

capnjim01

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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?
 

Kevin Jensen

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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.


bsflag.gif
 

tarzan1888

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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.
 

Legba

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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.
 

DreQo

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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.
 

gsh341

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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. ;)
 

DreQo

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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." :banghead:
 

VAopencarry

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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.
 

Demarest

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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?
 

Venator

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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." :banghead:
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????
 

FogRider

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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." :banghead:
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>
 

kurtmax_0

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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.
 

Legba

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

-ljp
 

roscoe13

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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...
 

Kingfish

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

FogRider

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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?
 

zoom6zoom

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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.
 
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