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What is considered "Open Carry"?
- Thread starter schizrade
- Start date
Vegas_Dave
Regular Member
imported post
Nope, thats concealed.
Depends on the LEO though. Some will leave it alone if it is able to be seen that clearly it is a firearm. However, technically, that is concealed.
Nope, thats concealed.
Depends on the LEO though. Some will leave it alone if it is able to be seen that clearly it is a firearm. However, technically, that is concealed.
Kevin Jensen
State Researcher
imported post
A quick google search turned up this definition for me. BobCav may have a better answer.
NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.
1. Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this State shall not:
(d) Carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
8. As used in this section:
(a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
A quick google search turned up this definition for me. BobCav may have a better answer.
NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.
1. Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this State shall not:
(d) Carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
8. As used in this section:
(a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
Vegas_Dave
Regular Member
imported post
yes, it could be considered concealed. In theory, you might only have a pistol grip for decoration...
My LEO buddies all say it depends on the LEO, the situation & the person in question. According to them, if it it not OWB, then it is technically concealed and they CAN treat it as such if they think that the situation warrants it.
yes, it could be considered concealed. In theory, you might only have a pistol grip for decoration...
My LEO buddies all say it depends on the LEO, the situation & the person in question. According to them, if it it not OWB, then it is technically concealed and they CAN treat it as such if they think that the situation warrants it.
imported post
Vegas_Dave wrote:
Yes. Beware of LEOs. Many or most of them think "their discretion" is a license to kill or to harass. Their knowlege of law is perfunctory at best and they certainly often feel free to make a mistake now and never worry about it because they think they are absolutely exempt from being properly held to account. They are not lawyers and their training in law is very limited. Most people do not understand this.
Consider this: In legal contemplation, to have acted according to the advice of an attorney is considered a perfect defense. I would have the "advice" in writing and signed though.
Vegas_Dave wrote:
Yes. Beware of LEOs. Many or most of them think "their discretion" is a license to kill or to harass. Their knowlege of law is perfunctory at best and they certainly often feel free to make a mistake now and never worry about it because they think they are absolutely exempt from being properly held to account. They are not lawyers and their training in law is very limited. Most people do not understand this.
Consider this: In legal contemplation, to have acted according to the advice of an attorney is considered a perfect defense. I would have the "advice" in writing and signed though.
BobCav
Founder's Club Member
imported post
Hey schrizade, welcome to OCDO! I'm in NW Reno also. Wellfor another 6 weeks, that is.
In VA, where I just came from, that's clearly OC. That battle was already fought and won. I would opine that it is most clearly recognizeable as a firearm and there is no intent to keep it discernably concealed from normal observation. If you see the grip, you know it's a gun. Anyone have the court opinions to that effect?
I don't think anyone with any common sense would carry something that LOOKS like a firearm even for "decoration", as thatstill constitutes a concealed weapon.
Hey schrizade, welcome to OCDO! I'm in NW Reno also. Wellfor another 6 weeks, that is.
In VA, where I just came from, that's clearly OC. That battle was already fought and won. I would opine that it is most clearly recognizeable as a firearm and there is no intent to keep it discernably concealed from normal observation. If you see the grip, you know it's a gun. Anyone have the court opinions to that effect?
I don't think anyone with any common sense would carry something that LOOKS like a firearm even for "decoration", as thatstill constitutes a concealed weapon.
Felid`Maximus
Activist Member
imported post
How could that not be considered discernible?
How could that not be considered discernible?
Vegas_Dave
Regular Member
imported post
To the average person it is. However, IF an LEO decided otherwise, they could make the case that you were concealing it as the whole firearm was not visible.
To the average person it is. However, IF an LEO decided otherwise, they could make the case that you were concealing it as the whole firearm was not visible.
timf343
Campaign Veteran
imported post
Vegas_Dave wrote:
Just playing devils advocate with you, I agree with your point.
Vegas_Dave wrote:
To that end, if I have a large holster that fully covers the firearm, and its color blends with the color of my pants, it might be difficult to notice. What is "ordinary" observation?
Just playing devils advocate with you, I agree with your point.
timf343
Campaign Veteran
imported post
Vegas_Dave wrote:
Judges believe the testimony of police over you every time, so why would this be any different if you encounter spiteful LEO who doesn't appreciate OC?
Vegas_Dave wrote:
You make a good point. We know LEOs do not lie {snicker}, but what if they noticed your shirt "covering your firearm", and only after you noticed them looking at you did you uncover your firearm.
Judges believe the testimony of police over you every time, so why would this be any different if you encounter spiteful LEO who doesn't appreciate OC?
Vegas_Dave
Regular Member
imported post
timf343 wrote:
At that point, the holster is not part of your clothing but rather a device that is obvious to carrying a firearm on your person.
To the reverse of the argument, a concealed holster is also itself concealed and if anything, could probably be used against you as further evidence of your intention to in fact carry concealed.
timf343 wrote:
At that point, the holster is not part of your clothing but rather a device that is obvious to carrying a firearm on your person.
To the reverse of the argument, a concealed holster is also itself concealed and if anything, could probably be used against you as further evidence of your intention to in fact carry concealed.
timf343
Campaign Veteran
imported post
Vegas_Dave wrote:
Vegas_Dave wrote:
But if I have a gun tucked in my waistband and a really tight t-shirt covers it so that it fully prints through, wouldn't the shape/outline be very clearly discernible as a gun to anyone looking at me?
Vegas_Dave
Regular Member
imported post
Could be a plastic water gun.
Could be a plastic water gun.
timf343
Campaign Veteran
imported post
Vegas_Dave wrote:
Vegas_Dave wrote:
I guess that first picture could be a BB gun, can't see the red tip.
Vegas_Dave
Regular Member
imported post
In the end here, we all know that when you are going to OC, it is better to be very straight forward and "open" with it.
In the end here, we all know that when you are going to OC, it is better to be very straight forward and "open" with it.
Loneviking
Regular Member
imported post
Vegas_Dave wrote:
Vegas_Dave wrote:
Well, I'm going to cover all my bases and get a CCW. Either way, I'm covered as the SO's here in Carson City are often Class A jerks.
timf343
Campaign Veteran
imported post
Loneviking wrote:
1. You avoid accidentally becoming a criminal if you accidentally conceal when your comes untucked, or when you're wearing a coat.
2. It "legally" allows you to carry in places that openly restrict firearms (some casinos here in Vegas have signs, and would very likely 86 anyone they see OC). Remember, you're only trespassing if they ask you to leave.
3. Though it's NOT required, it can help you end an encounter with law enforcement. This does not mean you shouldn't complain about an illegal encounter. But a CCW permit is a helpful excuse for ending such an unpleasant encounter more quickly. And maybe I'm going too far this one, because we know police NEVER lie, but it also protects you in case said anti-OC LE claims you were illegally concealing.
Tim
Loneviking wrote:
Even though it's not required, a CCW is highly recommended (at least by me):
1. You avoid accidentally becoming a criminal if you accidentally conceal when your comes untucked, or when you're wearing a coat.
2. It "legally" allows you to carry in places that openly restrict firearms (some casinos here in Vegas have signs, and would very likely 86 anyone they see OC). Remember, you're only trespassing if they ask you to leave.
3. Though it's NOT required, it can help you end an encounter with law enforcement. This does not mean you shouldn't complain about an illegal encounter. But a CCW permit is a helpful excuse for ending such an unpleasant encounter more quickly. And maybe I'm going too far this one, because we know police NEVER lie, but it also protects you in case said anti-OC LE claims you were illegally concealing.
Tim