Results 1 to 16 of 16

Thread: Conceled carry accidental exposure

  1. #1
    Regular Member
    Join Date
    Feb 2010
    Location
    Salem, Oregon, USA
    Posts
    3

    Post imported post

    This is my first post here, I have read through most of the first couple of pages of posts and tried to find an answer on some of the Az statute sites. I am planning a trip to Tucson the end of the week and plan on bringing a Concealed carry piece or 2. If I am carrying concealed and I have an accidental exposure is there going to be a problem. It seems that Az is very friendly to open and concealed carry by law abiding citizens. I just want to make sure it will not cause a problem. Have not had any issues in the past but don't want to have one there.

    Thanks in advance
    Chuck Richards

  2. #2
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443

    Post imported post

    With appropriate permit CC is legal and with or without a CCW permit OC is legal. If legally CCing and you become exposed you will have simply switched to OC.

    Just don't let it happen while in an establishment that serves alcohol for consumption on premises.

    IANAL
    If you woke up breathing, congratulations! You get another chance.

  3. #3
    Regular Member
    Join Date
    Feb 2010
    Location
    Salem, Oregon, USA
    Posts
    3

    Post imported post

    Thanks, That's what I thought. I do not have a OC rig so it is not and option right now. It is refreshing to see such an open minded approach to firearms ownership. Love the sightand all the advice.

    Chuck

  4. #4
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443

    Post imported post

    Just about any holster can be an OC holster in Arizona. I use an IWB for either. If I am wearing a cover shirt or jacket it is CC. If it happens to be warm I leave the shirt or jacket off and I am OCing.

    Remain comfortable while visiting Arizona.
    If you woke up breathing, congratulations! You get another chance.

  5. #5
    Regular Member
    Join Date
    Feb 2008
    Location
    Tucson, Arizona, USA
    Posts
    661

    Post imported post

    HAHA The problem in AZ is actually the opposite of what your question is. I call my CCW permit my "winter carry" permit because it eliminates the hassle of trying to avoid concealing my firearm when wearing a jacket. Otherwise, it's usually exposed, wholly, partially, accidentally or on purpose... doesn't matter really. Enjoy your time here.

  6. #6
    Regular Member
    Join Date
    Jun 2009
    Location
    Las Vegas, NV
    Posts
    1,140

    Post imported post

    That is not true that temporary exposure of a gun suddenly makes it opencarry.

    TOF wrote:
    With appropriate permit CC is legal and with or without a CCW permit OC is legal. If legally CCing and you become exposed you will have simply switched to OC.

    Just don't let it happen while in an establishment that serves alcohol for consumption on premises.

    IANAL

  7. #7
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443

    Post imported post

    What would you call it?
    If you woke up breathing, congratulations! You get another chance.

  8. #8
    Regular Member mFonz77's Avatar
    Join Date
    Nov 2009
    Location
    Sierra Vista, AZ
    Posts
    265

    Post imported post

    The only reason I would be concerned is an unintended "There's a man with a gun!" 911 call. Typically if you walk in OC'ing people the "he's trying to hide something" mentality is assuaged. However, if you appear to not have a gun and then suddenly have one, the more "fragile" folk might freak.

    That said, I don't worry about it. It's not illegal in any way whatsoever. If I happen to peek, oh well. I haven't had the police called yet.
    My location says I am from Sierra Vista, AZ which is where I live now but I actually lived in MO for 26 years! So please stop telling me I don't know what I'm talking about when I post in the Missouri forum!

  9. #9
    Regular Member mFonz77's Avatar
    Join Date
    Nov 2009
    Location
    Sierra Vista, AZ
    Posts
    265

    Post imported post

    Pace wrote:
    That is not true that temporary exposure of a gun suddenly makes it opencarry.
    When you say something like that I would expect some type of cited reference. Why would you say that?

    As long as the weapon remains holstered, simply the fact that you break concealment is not illegal pursuant to intimidation or our newly-enacted defensive display laws.
    My location says I am from Sierra Vista, AZ which is where I live now but I actually lived in MO for 26 years! So please stop telling me I don't know what I'm talking about when I post in the Missouri forum!

  10. #10
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443

    Post imported post

    mFonz77 wrote:
    Pace wrote:
    That is not true that temporary exposure of a gun suddenly makes it opencarry.

    TOF wrote:
    With appropriate permit CC is legal and with or without a CCW permit OC is legal. If legally CCing and you become exposed you will have simply switched to OC.

    Just don't let it happen while in an establishment that serves alcohol for consumption on premises.

    IANAL
    When you say something like that I would expect some type of cited reference. Why would you say that?

    As long as the weapon remains holstered, simply the fact that you break concealment is not illegal pursuant to intimidation or our newly-enacted defensive display laws.
    As you conceal your location I have to guess that you are not an Arizona resident. We have very few "There is a man with a gun" calls in Arizona when compared with other areas of the USA. I simply have not been concerned about them and although I am nearing 70 years old and have carried on and off since a teenager, have never been asked why by any law officer.

    For many years my pistol resided on the dash of my vehicle when I was in it and was present for many LEO's to observe during various traffic checks and in my early years speeding tickets.

    I don't make a habit of justifying my every word with some cited reference. I have the ability to walk talk and speak on my own. I don't chew bubblegum anymore either. If you are referring to the comment regarding Alcohol sales locations, It is legal to carry concealed if not drinking but not legal to open carry in those locations. Specifics of this particular law have been covered many times on this forum.

    If a gun is not concealed from view it is in open view. If you have the right to carry either way you can switch back and forth for a few seconds an hour or all day.




    If you woke up breathing, congratulations! You get another chance.

  11. #11
    Regular Member mFonz77's Avatar
    Join Date
    Nov 2009
    Location
    Sierra Vista, AZ
    Posts
    265

    Post imported post

    Not you TOF, I meant Pace. I was agreeing with you. I edited my response above for enhanced clarity.

    I am not originally from Arizona but I do like to think I have a pretty clear understanding of the laws here. I am currently a resident.
    My location says I am from Sierra Vista, AZ which is where I live now but I actually lived in MO for 26 years! So please stop telling me I don't know what I'm talking about when I post in the Missouri forum!

  12. #12
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443

    Post imported post

    Sorry for the misunderstanding Mfonz. Our snow storm may have me working with a hair trigger today. The 6 feet we got a couple of weeks back isn't gone yet and here it comes again. Arrg.


    If you woke up breathing, congratulations! You get another chance.

  13. #13
    Regular Member
    Join Date
    Jun 2009
    Location
    Las Vegas, NV
    Posts
    1,140

    Post imported post

    First of all, any concern about the law would be determined by a police officer. If one happened to walk into an establishment, and a wind came up and blew your coat open and someone saw the gun, the police officer would have to determine intent and action.

    OpenCarry is carrying a weapon in a manner than would lead the average person to know that you had a weapon. That means that clearly visible, clearly identifiable as a firearm. If you are conceal carrying and something happens that someone accidentally sees the weapon, that does not make it "open carry." It's about intent and actuality.

    There is no case law about OpenCarry in Arizona, and the difference, the law just calls it a concealed weapon and there is no definition of what that is, that I can find. Most people consider that if you are walking into a restaurant and your coat accidentally opens, you are not violating any law, for a variety of reasons mainly including intent.







  14. #14
    Regular Member mFonz77's Avatar
    Join Date
    Nov 2009
    Location
    Sierra Vista, AZ
    Posts
    265

    Post imported post

    ^^ Thank you I agree, btw.
    My location says I am from Sierra Vista, AZ which is where I live now but I actually lived in MO for 26 years! So please stop telling me I don't know what I'm talking about when I post in the Missouri forum!

  15. #15
    Regular Member
    Join Date
    Jan 2009
    Location
    Chandler, Arizona, USA
    Posts
    274

    Post imported post

    Plain and simple...if you have a conceal weapons permitand it becomes visible...it doesn't matter.

  16. #16
    Regular Member
    Join Date
    Jun 2009
    Location
    Las Vegas, NV
    Posts
    1,140

    Post imported post

    Unless you are in a bar, i think that is the only issue.

    Crossfire Jedi wrote:
    Plain and simple...if you have a conceal weapons permitand it becomes visible...it doesn't matter.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •