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Define "Open" for restaurant carry

T

treadresistant

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When I'm carrying in a restaurant, must I use my blackhawk serpa style holster which exposes the entire gun, or am I ok tucking my shirt in while wearing an IWB style holster, thus exposing the grip, hammer, and well basically the back portion of the gun?
Thanks
 
S

stryth

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The relevant code section is VA 18.2-308: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308


Which starts, in part: "A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material... For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature."
 
deepdiver

deepdiver

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treadresistant wrote:
When I'm carrying in a restaurant, must I use my blackhawk serpa style holster which exposes the entire gun, or am I ok tucking my shirt in while wearing an IWB style holster, thus exposing the grip, hammer, and well basically the back portion of the gun?
Thanks
Click to expand...
I believe that method of OC is actually referred to as "Virginia carry" because so many people there with the OC only in ABC restaurants end up carrying that way.
 
H

hsmith

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deepdiver wrote:
treadresistant wrote:
When I'm carrying in a restaurant, must I use my blackhawk serpa style holster which exposes the entire gun, or am I ok tucking my shirt in while wearing an IWB style holster, thus exposing the grip, hammer, and well basically the back portion of the gun?
Thanks
Click to expand...
I believe that method of OC is actually referred to as "Virginia carry" because so many people there with the OC only in ABC restaurants end up carrying that way.
Click to expand...
Thats how I do it. If you can't tell it is a handgun when all that is covered is what is in the holster, than you aren't going to be able to figure it out anway!
 
A

asforme

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On a related note I have a friend who recently bought a 9mm Markov that came with a leather cavalry style holster with a flap. Looks like this:

DD1465-holster.jpg

Do you think that would be considered illegally CCing?
 
deepdiver

deepdiver

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That'll be a nice holster for someone to inherit when he gets drilled while trying to get it open and draw his weapon. :shock:

Just kidding. There are obviously situations such as riding or hiking where such a holster is not only warranted but a good idea which is why they designed them in the first place.
 
Nelson_Muntz

Nelson_Muntz

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I met someone today for the first time, formally. One thing I noticed about him was that he had a two shot derringer mounted on his buckle. I did remark about it, but didn't ask if it was loaded. Anyway, he had the opinion that it was concealed because it 'hid it's true nature'. I guess it was obvious to me because I knew what I was looking at, but who here thinks it was concealed, or not, by definition? LEO?
 
C

casullshooter

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I OCd to a VCDL meet with a Nagant Revolver in a similar flap holster. I was not worried about the need for a quick draw as 98% of the other people in the room were armed family(VCDL Family).:cool:
 
L

longwatch

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I agree with the buckle owners opinion because I am the buckle owner.:D
Look at 18.2-308 A. last line.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

Now anyone familiar with NAA Minis may recognize it for what it is, but many folks may not and just think it is a gun shaped buckle. I'm just being conservative about its status to whether its OC or CC. YMMV
 

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