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Thread: What exactly constitutes 'Open Carry'?

  1. #1
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    This is a question that has been bubbling in the back of my mind for some time now.

    What exactly constitutes 'Open Carry'?

    The reason I ask is if I wear a 'small-of-the-back' holster* with my shirt tucked in, you can plainly see my firearm from behind or somewhat off to the side me. Yet you cannot see it at all from any direction in front of me.

    Would that be open or concealed carry?

    For that matter, can a gun be in 'Open Carry' mode and 'Concealed Carry' mode at the same time? The code does not really say one way or the other (or if it does, I'm blind as a bat toward legalese which is possible).

    As it stands now when I open carry, I've gota holster that requires a lever press to release the gun otherwise you'd have to rip my pants off me to make off with my firearm. This holster is somewhat obvious that I have it on my hip if the observer is paying any sort of attention.

    As for when I conceal carry, you won't ever know unless you frisk me (if you are that close you better have a very good reason or be my wife) or have me walk through a metal detector.

    Basically, where in the grey area in-between OC & CC is the line drawn? Has that line been drawn?

    *I take it this would be an IWB holster and that IWB means In-Waist Band?

  2. #2
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    What your doing is generally considered open carry, but is usually referred to as a Virginia tuck because of the alcohol / restaurant / firearm rules.

    In general, it's openly carried unless the true purpose is covered enough to conceal what it is to the general observation. As long as the gun is plainly visible and obviously a gun, it's open carry.

  3. #3
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    ^^ Yep. It just has to be visible to general observation.

    I would suggest against SoB carry if you enjoy not being paralyzed.

  4. #4
    Campaign Veteran skidmark's Avatar
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    In response to the OP's question of whether or not the line has been drawn on "What is Concealed Carry?" and if so, where the line is drawn - go to http://www.virginia1774.org/Page1.htmland scroll down until you get to the header "What is a concealed weapon?"

    While reading case law is difficult for those not versed in legalese, that is the source of information and the basis on which judges operate when one is standing before them on a criminal charge.

    There are many among us who are versed in the law, including some who admit to being lawyers:shock:. After you read the case law and are sufficiently confused, you can come back and ask questions. You will receive advice and opinions that will be worth many times what you pay for them. If you are still confused you can go hire a lawyer who may or may not agree with the (possibly) conflicting opinions you got here.

    stay safe.

    skidmark
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  5. #5
    Regular Member ODA 226's Avatar
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    kurtmax_0 wrote:
    ^^ Yep. It just has to be visible to general observation.

    I would suggest against SoB carry if you enjoy not being paralyzed.
    +1,000,000! BAD BAD way to carry!
    Bitka Sve Rešava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

  6. #6
    Regular Member TFred's Avatar
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    skidmark wrote:
    In response to the OP's question of whether or not the line has been drawn on "What is Concealed Carry?" and if so, where the line is drawn - go to http://www.virginia1774.org/Page1.htmland scroll down until you get to the header "What is a concealed weapon?"
    Wow, that web site is not easy to navigate... make sure you use the drop-down menu to find it... you're looking for "Concealed Weapon Defined" in the menu.

    TFred

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