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What constitutes OC?

Hillmann

Regular Member
Joined
Jun 30, 2009
Messages
271
Location
Cameron, Wisconsin, USA
imported post

Doug Huffman wrote:
I wonder what Aaron gives his cops pro their quid of not citing him for 941.23?

The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach; 2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
Doug we all know yoy like to get hung up on 3) the weapon is hidden, and techenicly you are right but can you cite one refrence whare someone was charged with CC when the gun was in a case designed to carry it that was obvsely a case?
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
imported post

i alwaays wondered if a LEO might try to claim that my P-38 was concealed because the holster encloses it so well?

so some trimming of the excess and changing the flap strap to a thumb break retainer. toda!



004-2.jpg
 

AaronS

Regular Member
Joined
May 2, 2009
Messages
1,497
Location
Milwaukee, Wisconsin, USA
imported post

No need, I could have seen that it was a gun before the cuts were made. On your hip, I can also tell that in no way are you attempting to hide it.
 

smithman

Regular Member
Joined
Oct 28, 2007
Messages
718
Location
Waukesha, Wisconsin, USA
imported post

If you wear an OWB holster you will always be safe that it is considered OC.

If you wear an IWB holster, I would argue that it is open since it clearly the grip of a gun. However, this has not been tested in court. How much of the grip needs to be exposed? If you look at the example of other states, LEOs in Michigan for instance have been trying to trample on OC by calling IWB holsters concealed.
 

AaronS

Regular Member
Joined
May 2, 2009
Messages
1,497
Location
Milwaukee, Wisconsin, USA
imported post

IANAL, so this is just how I feel. If you put the gun behind your pants, I could say that you did try to hide it, or part of it. So I do not carry my IWB holster.

My next problem is winter, but I think I might just get a drop holster (leg) for winter use. Hate the look, but in winter it should be fine.

I have seen a lot of good holsters for a lot of handguns at the highway cleanup. Nice place to ask people how the rigs hold up.;)
 
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