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OC from behind

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Carondalet

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I think I know the answer to this, but, how about this: I open carry a 1911 in a Bianchi Carry-Lok 82 at 4 O'clock. It sits at a tightFBI cant and can only really be seen if you are between 4 and 7 O'clock behind me. Walking towards me you really cannot see it. It is still open carry, isn't it? Even though you can only see it from the right side or behind?
 
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WhiteRabbit22

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I seem to remember hearing that it must be visible from three sides. But don't quote me on that. I wear mine at 3, because it's more comfortable of a draw for me, but I can't imagine anyone would give you grief about it unless they really were digging for something to nail you on.
 
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Tazlima

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RS 14:95
Illegal carrying of weapons [align=justify]A. Illegal carrying of weapons is:[/align] [align=justify](1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person;[/align]A few years back, a man was open carrying on his right hip and was stopped for a traffic violation. He was ticketed for concealed carry because the officer couldn't see the weapon through his body.

Based on that case (would welcome a citation here from someone who knows the exact details of the story), they reworded the law to include intent. The man in question did not intend to conceal his weapon, therefore it was not concealed according to the law. So here's the question to you. Is it your intent to conceal your weapon when you carry in that manner? Would a jury BELIEVE that it was your intent to conceal?

Example: I once saw some pictures posted on Glock Talk where someone had 1/4 square inch of the butt of their weapon showing and was saying that it was open carry because of that bit of black. In Louisiana, at least, that wouldn't fly, because he clearly intended the weapon to be concealed.
 
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CA_Libertarian

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Tazlima wrote:
A few years back, a man was open carrying on his right hip and was stopped for a traffic violation. He was ticketed for concealed carry because the officer couldn't see the weapon trough his body.
Click to expand...
That makes about as much sense as saying a gun is concealed from the LEO every time he blinks his eyes.

I blame the public education system...
 
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IdahoCorsair

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CA_Libertarian wrote:
Tazlima wrote:
A few years back, a man was open carrying on his right hip and was stopped for a traffic violation. He was ticketed for concealed carry because the officer couldn't see the weapon trough his body.
Click to expand...
That makes about as much sense as saying a gun is concealed from the LEO every time he blinks his eyes.

I blame the public education system...
Click to expand...
LOLROF!!!! :lol: I blame it for more than just that! Private or Home school all the way!

 
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charlie12

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Sep 7, 2007
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Baton Rouge, Louisiana, USA
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IdahoCorsair wrote:
CA_Libertarian wrote:
Tazlima wrote:
A few years back, a man was open carrying on his right hip and was stopped for a traffic violation. He was ticketed for concealed carry because the officer couldn't see the weapon trough his body.
Click to expand...
That makes about as much sense as saying a gun is concealed from the LEO every time he blinks his eyes.

I blame the public education system...
Click to expand...
LOLROF!!!! :lol: I blame it for more than just that! Private or Home school all the way!

Click to expand...
If it's true. Was he out of his car?
 
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Thors_Mitersaw

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CA_Libertarian wrote:
Tazlima wrote:
A few years back, a man was open carrying on his right hip and was stopped for a traffic violation. He was ticketed for concealed carry because the officer couldn't see the weapon trough his body.
Click to expand...
That makes about as much sense as saying a gun is concealed from the LEO every time he blinks his eyes.

I blame the public education system...
Click to expand...

Hey i got a solution to make it 360 degree viewable at all times: duct tape it to your noggin
 
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Sitrep

Regular Member
Joined
May 25, 2007
Messages
150
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Here and There, Washington, USA
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CA_Libertarian wrote:
That makes about as much sense as saying a gun is concealed from the LEO every time he blinks his eyes.
Click to expand...
Ok, we need to get a law passed so that LEOs are not allowed to blink on duty, obviously they aren't doing their job during a blink.
 
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WhiteRabbit22

Regular Member
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Oct 18, 2007
Messages
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Tazlima wrote:
RS 14:95
Illegal carrying of weapons
[align=justify]A. Illegal carrying of weapons is:[/align]
[align=justify](1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person;[/align]A few years back, a man was open carrying on his right hip and was stopped for a traffic violation. He was ticketed for concealed carry because the officer couldn't see the weapon trough his body.

Based on that case (would welcome a citation here from someone who knows the exact details of the story), they reworded the law to include intent. The man in question did not intend to conceal his weapon, therefore it was not concealed according to the law. So here's the question to you. Is it your intent to conceal your weapon when you carry in that manner? Would a jury BELIEVE that it was your intent to conceal?

Example: I once saw some pictures posted on Glock Talk where someone had 1/4 square inch of the butt of their weapon showing and was saying that it was open carry because of that bit of black. In Louisiana, at least, that wouldn't fly, because he clearly intended the weapon to be concealed.
Click to expand...

State v. Fluker, 311 So. 2d 836

"...a weapon is not concealed, even if not in full, open, view, if it is sufficiently exposed to reveal its identity. thus, a gun in a holster on one's hip is not illegal."
 
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Tazlima

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charlie12 wrote:
IdahoCorsair wrote:
CA_Libertarian wrote:
Tazlima wrote:
A few years back, a man was open carrying on his right hip and was stopped for a traffic violation. He was ticketed for concealed carry because the officer couldn't see the weapon trough his body.
Click to expand...
That makes about as much sense as saying a gun is concealed from the LEO every time he blinks his eyes.

I blame the public education system...
Click to expand...
LOLROF!!!! :lol: I blame it for more than just that! Private or Home school all the way!

Click to expand...
If it's true. Was he out of his car?
Click to expand...
Sitting in the car w/ the LEO outside the window.
 
A

aroundlsu

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Dec 8, 2007
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Baton Rouge, ,
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If he was sitting in his car what law was he breaking? I was under the impression concealed carry laws don't apply in your business or home. And as we all know the car is an extension of your home.
 
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tarzan1888

Regular Member
Joined
Apr 9, 2007
Messages
1,435
Location
, , USA
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Carondalet wrote:
I think I know the answer to this, but, how about this: I open carry a 1911 in a Bianchi Carry-Lok 82 at 4 O'clock. It sits at a tightFBI cant and can only really be seen if you are between 4 and 7 O'clock behind me. Walking towards me you really cannot see it. It is still open carry, isn't it? Even though you can only see it from the right side or behind?
Click to expand...

Hay I have one of those too for my 1911 and I love it.





Oh yea I would consider it open carry.





Tarzan
 
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Carondalet

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Jul 27, 2007
Messages
95
Location
Baton Rouge, Louisiana, USA
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Yeah, I love it, too. I have Bianchi Carrylok 82 for both my 1911 and my SW CS.45. I just ordered a model 83 for the 1911. It's the same as an 82, but is a paddle that adjusts for cant and height. That way it can be used for crossdraw, too. I'm kinda funny in that I will not open carry without a retention holster. Do you know of an IWB holster that has retention or finger lock other than a tension screw?
 
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