Tintman wrote:
I felt pretty concerned knowing there are no laws against carrying unloaded in a holster fully viable.. I had the laws printed out in my pocket and my iphone (takes video).
I am still a little worried about someone calling in and saying I was "brandishing" it, or for someone to say I was covering it/a cop saying he saw me having it concealed....
any words of wisdom?
thanks
Watch the training videos.
Get a better video recorder that you can use exclusively while UOC.
There is no brandishing without intent, you must physically wield the gun in a threatening manner. Simply having it on your person does not qualify.
There is no description of "holster" in the law, only that it must worn openly (no inside the waistband types). A full flap is still legal, despite the obvious fact that it completely covers the handgun.
Forget the worry, go on with your private business in the manner you are accustomed to. When/if the LEO's arrive; be cordial, be factual, do not speak any more than required. If walking about, you do not need to carry any ID, and many of us do not while carrying ( I leave my drivers license in my truck). The LEO may tell you otherwise, but there is no "stop and identify" law in Calli. If you are fully aware you have done nothing illegal, there will be no RAS (reasonably articulated suspicion) for the LEO to act upon, though they may say that a man With A Gun call gives them RAS....it does not. There is nothing illegal about a man, with a gun.
The law ONLY allows them to check for a loaded firearm ("e" check)...nothing more
Should they physically detain you, ask repeatedly; "Am I being detained or arrested, and am I free to leave now?" If they begin a pat down, remind them of the illegality of a "Terry" search that denies your 4th Amendment rights....then shut up completely. Not one more word. No law forces you to speak to an LEO when you have done nothing wrong.
Be aware, that being taken to jail is a possibility. Make sure you tell someone where you are going, so you can make your phone call to THAT PERSON. That person can get the legal ball...and possibly
bail... rolling immediately.
UOC ain't for sissies, so wrap your head around the fact that LEO's do not know gun laws and can/may/will violate your rights and ruin your day/weekend.
Have fun