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OC with a thigh holster?

Budd

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Been reading here off and on for about a year. Have read 12025, 12031 etc. 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?



For example, if someone was being robbed and you draw your weapon to contain the situation - are you going to be held liable for brandishing a weapon?

edit: I know you should only draw in a life/death situation - this is a what if scenario.

Since being in SoCal if I open carry it will be unloaded - just curious. Hope I am not asking you to beat a dead horse.
 

ConditionThree

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Budd wrote:
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?

Dont worry about asking questions- this gives everyone the opportunity to practice the information that we all need to know.

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.
 

Budd

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CA_Libertarian wrote:
If you need to draw your weapon... who cares what the consequences are? If you truly feel you're in danger, I imagine that would be the last thing on your mind.

The need part of course involves a lot of "what if"'s. I hate to do that as it is difficult to define every scenario. Thank you for your input. The fact you know you are carrying unloaded and need to load a magazine - rack the slide makes for a time scenario less than ideal.

I do not intend to OC often but rather as an educational tool for people and PD alike. I will carry a copy of the OC Flyer with me if I OC.



ConditionThree - I had read a lot of your carry experiences over time on Calguns.net - very good reading. Thank you for sharing.

I am sure to have more questions as well. I go on a lot of very long road trips in my Jeep to go offroading in different parts of the state/country. I understand that I can OC unloaded while driving, correct? I also understand while camping I can CCW in my campspot as well - or OC loaded, correct?



TIA -



BTW - I think the thigh holster would be more comfortable while driving long distances.
 

ConditionThree

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Budd wrote:
I understand that I can OC unloaded while driving, correct? I also understand while camping I can CCW in my campspot as well - or OC loaded, correct?
We seem to share the same understanding, assuming you are aware of the prohibitions of possession in a 'school zone', government bulidings,State and National Parksand in places where discharge is regulated by ordinance. Blah blah yada yada...
 

cato

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...firearms openly carried in a belt holster are not considered concealed... is just an example. It does not preclude other methods that are not concealed. An openly worn drop leg holster would be fine IMO.

Read 417 PC for your other question.



photo by Oleg Volk:
 

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