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Thread: IWB holster OK for OC?

  1. #1
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    IWB holster OK for OC?

    I have a friend that is planning to visit the grand state of NM but he wants to make sure that OCing a handgun in an IWB setup is kosher before packing. Anyone have any knowledge of this?

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    Anyone?

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    Moderator / Administrator Grapeshot's Avatar
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    General interpretation from reading this sub-forum is that there are no special conditions attached to OC in NM.

    If it is visible and identifiable as a handgun, all is good - just be aware of all carry laws.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Yes, if...

    ...the gun is clearly visible. Per the statutes:

    ...“concealed handgun” means a loaded handgun that is not visible to the ordinary observations of a reasonable person...

    Like most things gun related, there are gray areas.

  5. #5
    Campaign Veteran EXTREMEOPS1's Avatar
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    Not heard of anyone using an IWB holster to open carry

    Usually a CC item stick with the belt holsters, Tactical leg holsters and shoulder holsters
    "There is only one tactical principle which is not subject to change. It is to use the means at hand to inflict the maximum amount of wound, death, and destruction on the enemy in the minimum amount of time."

    - General George S. Patton, Jr.

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    Tell your friend that he should reconsider IWB without a license in NM. Where the statute is clear to you and I, unfortunately many of our LE folks have a different definition of "ordinary observations of a reasonable person". It also depends on the type clothing one is wearing, the depth of concealment the holster provides and a lot of other variables - some as simple as how much of the firearm is "concealed" by the holster IWB and your arm combined.

    I've been told by several officers - including a Police Chief and a Sheriff - that if the firearm is not clearly visible, they consider it concealed.

    Lastly, bear in mind that an IWB holster is designed and marketed as a "concealment holster".

    I would suggest using a "concealment holster" could be deemed an attempt to skirt the law here.

    Steve Aikens
    Last edited by steveaikens; 09-11-2010 at 11:33 AM.

  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by steveaikens View Post
    snip.....

    I've been told by several officers - including a Police Chief and a Sheriff - that if the firearm is not clearly visible, they consider it concealed.

    Lastly, bear in mind that an IWB holster is designed and marketed as a "concealment holster".

    I would suggest using a "concealment holster" could be deemed an attempt to skirt the law here.

    Steve Aikens
    Much erroneous information has been garnered by asking LEO's for their "opinion." Know the law and work to educate your community,

    Suggesting that an IWB holster is limited by marketing terms is preposterous. Such thinking suggests that if one wears a "duty" holster, they are impersonating a LEO.

    IWB holsters have been worn tens of thousands of times in NM in full compliance with the law. It is a matter of personal choice.

    Any reference to the legality of an issue should be supported by a cite, a statute reference or court of record decision.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Thank you for setting me straight. I appreciate you probably know more about how NM LEO's may see your chosen method of carry - from VA - than I do here in NM - working with them. Although those are the LEO's that will, and have, taken firearms carriers here to task - and the judge - for exactly that.

    I'll do better research in the future.

    Steve Aikens

  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by steveaikens View Post
    Thank you for setting me straight. I appreciate you probably know more about how NM LEO's may see your chosen method of carry - from VA - than I do here in NM - working with them. Although those are the LEO's that will, and have, taken firearms carriers here to task - and the judge - for exactly that.

    I'll do better research in the future.

    Steve Aikens
    I care very little for how LEOs may perceive a method of carry, regardless of the state. Prefer to know and understand the laws as written for that state. When we allow misapplication, illegal detainment and/or forms of harassment to persist unabated, then we become part of the problem.

    How exactly are you "working with them?"

    How are LEOs in NM taking judges "to task" and for what?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  10. #10
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    Thanks for your input.

    Have a nice life.

    Steve Aikens

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