I have a question about open carry....

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My question is, say if i have a inside the pants holster can i say tuck my shirt in and have the butt sticking out, is that still considered open carry, or would that be getting me introuble with the ccw?, and also if i say have a sholder rig and the rig is in plain view with the weapon in the holster under my arm is this considered open carry or agin would i be crossing into ccw? These question have been on my mind for quite sometime... any help would be great.

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Well with an exstinsive search i have found my answer and for everyone who is wondering the samething i was here is the answer..

What is “Open Carry”?

OC is the act of carrying a firearm (mostly handguns however rifles and shotguns may be OC’d) in plain sight on your person while conducting your daily business. This normally means a handgun secured in a holster on the outside of your clothing much the same way a police officer would carry their weapon. Alternative options would be a shoulder holster, “in the waistband” holster (providing your shirt is tucked in exposing the butt of the handgun) and tactical / drop leg holsters. “In the waistband” holsters are not considered “concealed” under VA law since about 1/3 of the firearm (the butt) is exposed. Just take care not to let your shirt come un-tucked and cover the firearm if you are not in possession of a CHP. Carrying a firearm in your hands, whether handgun or long gun is not OC! That is considered “brandishing” and it's against the law. The proper way to OC a rifle or shotgun is with a sling, however OC’ing a rifle or shotgun around town is not common and will likely merit you a visit from the police, possibly with guns drawn on you.

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I have also posted pictures of the correct way to carry this way.

*photos taken from* *http://vaguninfo.com/pages/opencarry.htm*

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Thank you for doing the research and answering the question yourself so quickly, I HAVE been wondering that. In my CCW class, they taught us that if you are CC and (for example) reach up on a high shelf to get something and the bottom of your holster is exposed, that is considered brandishing. I have done so much researching on what the LAW considers brandishing (as opposed to the dictionary) and you do have to be threateningly waving it/displaying it. Thanks again!! Cleared that up for me



Ben

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I do have ONE more question!!! I tend to wear beaters with an unbottomed kinda casual shirt over it with a shoulder rig holster. Since I've gotten my CCW I always button the few bottom bottoms fearing that if my guns were exposed that would be considered brandishing....is that considered OC?



Ben

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From what I remember from my CCW class a few years ago is that it is brandishing only if you intentionally show your weapon. If your shirt slides up when you are reaching for something I would say you're ok.

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spectr019 wrote:

I do have ONE more question!!! I tend to wear beaters with an unbuttoned kinda casual shirt over it with a shoulder rig holster. Since I've gotten my CCW I always button the few bottom bottoms fearing that if my guns were exposed that would be considered brandishing....is that considered OC?



Ben

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In my experience it would not be considered brandishing because you never actually touched the weapon, most time to be actually considered brandishing you have to be touching the weapon, if you shirt just happens to slide up you didn't touch the weapon so your not brandish.

I looked for a good definition of brandishing, and all i have found is that it is a much debated issue.

There for in my feelings and from the law enforcement i have done, to me I would not consider that brandishing, basically because of the reason's i pointed out before.


Ok, lets say you have your shoulder rig on and you weapon is hiding under your shirt. You go to reach for your wallet and have to move your shirt to get to it. In the process of this you accidentally move the shirt to where the weapon is visible. You never actually put your hand on the weapon, touch the holster, or make any jester towards the weapon. You grab your wallet pay for what you pay for, and put your wallet back.

You never touched the weapon, so there for you didn't brandish. My feelings on this is if it's in your hand or your touch the butt of it, you are showing deadly force which is brandishing in a civilian environment. If you don't touch it it's not brandishing, but that won't matter to a cop or anyone if you can't actually prove it.

My suggestion is to use your best judgment but remember most brandishing laws describe you waving, touching, pointing, gesturing with the weapon, meaning it has to be in your hand for most of those. You can gesture the weapon just by simply opening your shirt and saying i have a gun thats a show of deadly force. If you just open your shirt in an aggressive manner your brandishing. If you just open your shirt to get something from your pocket your not brandishing in my book...

Just remember use your best judgment.....


This is one debate that will go on forever, one mans brandishing is another mans, i was reaching for my wallet.



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