• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

IWB Holster

Lilcuzz

New member
Joined
Jan 29, 2010
Messages
1
Location
, ,
imported post

Can an IWB Holster be used for open carry in California Or is it concidered concealed because the holster is hidden?
 

dirtykoala

Regular Member
Joined
Jan 27, 2009
Messages
644
imported post

Lilcuzz wrote:
Can an IWB Holster be used for open carry in California Or is it concidered concealed because the holster is hidden?
its been covered before, i think the outcome was "no". i dont remember why though, and i dont see how an iwb would be anymore concealed than a owb holster than covers the entire barrel.
 

eraseallhope

Regular Member
Joined
Jan 11, 2009
Messages
101
Location
, ,
imported post

the law says you have to be able to see it and recognize that its a firearm from 3 sides...

Front, side, and back...

So it should be legal... it is in Arizona

But I'm sure LEO would love the chance to jump on you for it and let a judge and courts figure it out later
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
imported post

eraseallhope wrote:
the law says you have to be able to see it and recognize that its a firearm from 3 sides...

Which law is that?
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

wewd wrote:
eraseallhope wrote:
the law says you have to be able to see it and recognize that its a firearm from 3 sides...

Which law is that?
+1

12025 only says it's illegal to conceal a handgun. I'm sure there's plenty of case law on the definition of "concealed", but the common definiton is, "to hide from view". So if it can be seen, it must not be hidden from view.

However, I would discourage the use of IWB holsters until the subject is thoroughly researched. The only case law I know of could be construed AGAINST the use of IWB carry. (And no, I won't cite the case until I know I can rebut it, as I don't want to do free research for the "other side".)
 

flintlock tom

Anti-Saldana Freedom Fighter
Joined
Jun 13, 2008
Messages
405
Location
San Diego, California, USA
imported post

The actual wording in PC 12025 is:
Code:
"(F)Firearms carried openly in belt holsters are not concealed
within the meaning of this section."
It would not be a stretch of logic to assert that an IWB holster is not "carried openly" on the belt.
In fact it could be argued that an IWB holster is specifically intended for concealment.

In my opinion this would not be an area of the law I would like to "test".
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

eraseallhope wrote:
the law says you have to be able to see it and recognize that its a firearm from 3 sides...

Front, side, and back...

So it should be legal... it is in Arizona

But I'm sure LEO would love the chance to jump on you for it and let a judge and courts figure it out later

Bzzzzzt no citation, there is no definition of Concealed in CA.

However, there is a definition of an example of what is not concealed.

12025(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

flintlock tom wrote:
In my opinion this would not be an area of the law I would like to "test".

I'm with Tom, I don't know that I wouldn't do it personally.

However,as I understand it,there is caselaw available which indicates that in CA there is no such thing as 'partial concealment' i.e. the concealable firearm is either concealed or not concealed.

Unfortunately, I don't have reference to these cases handy so I will have to bring that info back later.

But, I can reference where I'm headed to look. Over at Calguns where the recent change to 12031 was heavily discussed (12050 Exemption only valid while carrying in the condition for which you are licensed) people were worried that this now made us 'like Texas' Namely, that accidently exposing your loaded firearm while carrying licensed and concealed can result in criminal charges. It was brought up that existing case law would cover us because 'incidental exposure of a concealed firearm' has readily been upheld as being concealed. So, if that's the case, isn't the converse also true? And is the converse close enough to cover IWB open carry?
 

eraseallhope

Regular Member
Joined
Jan 11, 2009
Messages
101
Location
, ,
imported post

Depending on your iwb holster you can wear it under your belt outside the waistline of your pants and between your belt....

Sometims I do this at home with my iwb
 
Top