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Look Ma; No Flap!

1245A Defender

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

i always wondered if a LEO might try to claim my holstered P-38 was concealed, because it is so well enclosed?

so i did some major cutting away of the excess and changing the flap strap to a thumb break retainer.



004-2.jpg
 

Lexington_Son

Regular Member
Joined
Aug 19, 2009
Messages
10
Location
, Washington, USA
imported post

I'm pretty sure that anyone who looks at this will realize that there's a gun there ;)

Went looking through the laws again...WA State doesn't seem to have a definition in the RCW that I could find or on the State Attourney General's website either :X

Texas the state code reads:

"Concealed handgun" means a handgun, the presence of
which is not openly discernible to the ordinary observation of a reasonable
person.


I think that an obviousholsterworn outside the clothing is considered to be open carry regardless of if there's aflap across the back or not.

But looking at your actual question, Yes. I definately think that there are some LEO's that might try to claim that it's still concealed. Look at that huge concealing flap over it! Try oc'ing it in Tacoma and see what else they try to claim :shock:
 

ecocks

Regular Member
Joined
Jan 5, 2009
Messages
1,040
Location
USA
imported post

I have wondered several times about the way some peoples' IWB holsters and shirts would appear to "reasonable" observers. I don't have any but even a fold or pleat on an unbloused shirt could obscure the view enough for me to consider they were effectively "concealed".
 

John Hardin

Regular Member
Joined
Jul 29, 2007
Messages
683
Location
Snohomish, Washington, USA
imported post

Lexington_Son wrote:
Went looking through the laws again...WA State doesn't seem to have a definition in the RCW that I could find or on the State Attourney General's website either :X
There isn't any definition in the RCW. I once asked a LEO friend about this and he said that if any part of the firearm is obscured, including by a body part, an officer might consider it concealed. I don't think this is reasonable, but it indicates how some LEOs may approach the situation.

Granted this interpretation is somewhat silly as all holsters (except those screw-on clippy things) obscure some or most of the firearm. An obviously visible holster probably would not be considered concealed, but an IWB would likely be open for dispute.
 
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