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Thread: Is it open carry?

  1. #1
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    If I put this:



    Into this cell-phone holster:


    And put it onmy belt, would thatbe considered open carry?



    NRS says
    1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

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    Good Question. Looksa little iffy to me. Might look like just a knife or something.

    I kind of have the same curiosity regarding a derringer.. need a neck holster for it or something.. but I don't think anything that doesn't LOOK like a gun holster would be kosher.

    Will be very interested in replies to this query.

    BTW, welcome to the forum, Guncat. (NRSmeans you're inNevada, yes?)

    Erus

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    I would say no because you can't tell what it is.

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    In my opinion that would be concealed. I'm not law enforcement, or a lawyer so take it for what it's worth. Now if the hammer was visible, then I'd say it was OC in a holster.

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    GunCat wrote:
    SNIP And put it onmy belt, would thatbe considered open carry?
    A better question might be, "What are the chances an LEO might take advantage of ambiguity (its not fully concealed, yet its not fully revealed) and charge me?"

    Which would lead to the next question, "Do I really want the expense and risk of explaining this to a judge, perhaps not entirely to his satisfaction?"

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    It would also help if GunCat had location information available...
    Why open carry? Because 1911 > 911.

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    Erus wrote:
    Good Question. Looksa little iffy to me. Might look like just a knife or something.

    I kind of have the same curiosity regarding a derringer.. need a neck holster for it or something.. but I don't think anything that doesn't LOOK like a gun holster would be kosher.

    Will be very interested in replies to this query.

    BTW, welcome to the forum, Guncat. (NRSmeans you're inNevada, yes?)

    Erus

    Thanks for the welcome. You are right, I am from Nevada. (Just modded my profile to reflect that!)


    Thanks for the Replies all.

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    Founder's Club Member - Moderator longwatch's Avatar
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    I would say concealed. Are you using that case for lack of a holster?

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    What about a belt buckle holster, would that be considered Open Carry?

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    here is a belt holster or maybe a vertical sholder holster
    http://www.naaminis.com/mr_hol.html
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    My NAA derringer in the belt buckle holster is OC while standing, now if I'm sitting, I imagine it'd be classified as concealed

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    My NAA derringer in the belt buckle holster is OC while standing, now if I'm sitting, I imagine it'd be classified as concealed

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    In NC, there are SPECIFIC wordings in both Statute and Case law establishing that a tiny gun in a belt buckle qualifies as "concealed" even if it's plainly visible, because an observer can't tell, just by looking at it, if it's a real gun or just an ornament.

    Carry a derringer in a buckle mount like that in NC without a CHP, and you are in BIG trouble...

    As for the original post, I'd say that at least in NC, that particular gun in that particular pouch WOULD be considered "Concealed". It is not readily recognizeable as a firearm, and that is the yardstick they use here in NC--can any reasonable observer instantly recognize that as a firearm? I'd say no...

    Get a real holster dude...

    Or better yet, get a gun with a sufficiently effective caliber to actually be USEFUL as a self-defense gun and carry that. These tiny little mouse gun derringers are NOT good self-defense firearms--they are novelty items, and something for collectors. Get a .38 special revolver, or a KelTek 9mm or some other reasonably effective mid-sized caliber.
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    Appreciate the info on NC, it's a beautiful state. I was there for a few days when my son rec'd his Green Beret @ Ft. Bragg.

    I 'm proud to reside in KY, one of the most gun friendly states (commonwealth) in the Union. We don't have a lot of "mother-may-I" regs to have to memorize to ensure that we are carrying legally, or a bunch of hoops to jump thru when it comes to carrying a weapon to defend our lives. Open carry is welcomed here & I open carry from time to time. I've had my CCDW since it was passed into law many yrs ago. We have the right to carry ANY deadly weapon, which includes any edged weapon, brass kncks, slap jacks/batons, nun-chucks, throwing stars etc. not just a handgun., & it can be the handgun of choice, not just the gun you qualify with.

    My carry pistol is a Taurus PT945 or my Sig Sauer P6. The NAA post I made was an attempt at humor,I assure you, it's certainly not my primary weapon. But it is nice to wear knowing that if things get real tough, it's there as a last ditch choice.

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    Eh, is there a rash of violent Lilliputians in your state?

    GunCat wrote:
    If I put this:



    Into this cell-phone holster:


    And put it onmy belt, would thatbe considered open carry?



    NRS says
    1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

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    Regular Member shad0wfax's Avatar
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    GunCat wrote:
    If I put this:



    Into this cell-phone holster:


    And put it onmy belt, would thatbe considered open carry?



    NRS says
    1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.
    I'd personally call that concealed, but that's a judgment call.

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    shad0wfax wrote:
    I'd personally call that concealed, but that's a judgment call.
    And being that it's a judgment call, you might want to err on the side of caution, lest it be a judge's call.
    Why open carry? Because 1911 > 911.

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    GunCat wrote:
    Thanks for the welcome. You are right, I am from Nevada. (Just modded my profile to reflect that!)
    Aah, No - your profile indicates USA, not Nevada,

    Insofar as what constitutes CC or OC, it depends on the laws of each state. It is highly recommended that you become familiar with the laws of your state to this regard.

    In Virginia, for example, the gun must be recognizable by common observation; however, a belt buckle gun is considered concealed due to its deceptiveness.
    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308

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  20. #20
    Regular Member shad0wfax's Avatar
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    AbNo wrote:
    shad0wfax wrote:
    I'd personally call that concealed, but that's a judgment call.
    And being that it's a judgment call, you might want to err on the side of caution, lest it be a judge's call.
    Yup, in my state you need a permit to conceal but can OC without a permit. Hence, I'd err on the side of caution and call that concealed here in WA.

    As Grapeshot pointed out, the belt-buckle holsters are considered "deceptive" in VA so they're considered concealed there as well. Best to err on the side of caution indeed.

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