Budd wrote:Dont worry about asking questions- this gives everyone the opportunity to practice the information that we all need to know.Does a thigh holster qualify as a belt holster? It is connnected to the belt afterall........(winter question)
Also, what are the consequences to drawing in public in case of an emergency?
The question about a tactical thigh holster is an interesting one, as 12025 indicates that a firearm carried openly in a belt holster is not considered concealed, but does not define where on the belt or how the firearm is oriented. In the most liberal interpretation a belt buckle holster for a derringer would be compliant with the law. As a laymen, I would say that it would qualify as a belt holster- but how I interpret the law and an LEO or judge interpret it are pretty significant distinctions.
Now, drawing in public... this depends on what your definition of emergency is.
If by 'emergency' you mean you are in imminent danger of grave bodily injury or death,there ought to be no consequences... one has to consider what constitutes a reasonable level of force though. In California 'reasonable' is considered to be the minimum level of force to neutralize a threat.
If by 'emergency' you mean you just witnessed a felony commited and intend to make a citizens arrest- there may be civil consequences as well as criminal charges if your arrest doesnt hold up.
If by 'emergency' you mean you just witnessed an attack or robbery and the assailantceases to bean imminentthreat, then the consequences could result in a charge of brandishing (whether or not your firearm is loaded) which could net you a three month sentence and lose your right to possess a firearm for 10 years.
I believe that the circumstances under which a person can draw their firearm are vary narrow- and we should be constantly reminded that it is a last resort, not an implement of preemptive force to be used for trivial reasons.
The interesting thing about open carry is, that its deterence effect may difuse these circumstances where someone who conceal carries would be forced to draw.
Welcome aboard, Budd.