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Thread: Open Carry Back Pocket

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    Open Carry Back Pocket

    If I am carrying my pistol in my back pocket, is this considered open carry? How much of the pistol really needs to be visible. For me, the entire grip and sights will be outside of my pocket.

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    Regular Member autosurgeon's Avatar
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    Quote Originally Posted by stephenl9 View Post
    If I am carrying my pistol in my back pocket, is this considered open carry? How much of the pistol really needs to be visible. For me, the entire grip and sights will be outside of my pocket.
    OK two things.

    One this might be a grey area as a pocket is not a holster.

    Two the lack of security and the gun being in a prime place for a grab would give me the willies!

    Therefor IMOP this is all around a bad idea! Invest in a retention holster for 50.00 bucks and be done with it!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  3. #3
    Regular Member kyleplusitunes's Avatar
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    if you are carrying a gun in your back pocket... man. I don't even know what to say.

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    Thanks, I do have a retention holster. I simply find it more comfortable this way. I see how it can make for a bad image however..

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    Regular Member Bikenut's Avatar
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    Quote Originally Posted by stephenl9 View Post
    If I am carrying my pistol in my back pocket, is this considered open carry? How much of the pistol really needs to be visible. For me, the entire grip and sights will be outside of my pocket.
    Open carry is generally considered to be a properly holstered pistol in plain view. To me that concept means gun and holster as a unit are in plain view.

    Guns sticking out of pockets... or guns in an inside the pants holster with just part of the gun sticking out are legal gray areas so far. Some could consider the gun concealed because only part of the gun, or the gun/holster unit, is visible and part is hidden... and some could consider that to be half open carry.

    Rest assured that if a LEO wanted to consider a gun sticking out of a pocket as concealed he would arrest (if you do not have a CPL) and let you... and your attorney... sort it out in court.

    I'll echo Kyleplusitunes sentiment......... just buy a good retention holster and wear gun/holster unit in plain sight in order to save yourself the hassle and cost of becoming a test case.

    Plus... like it or not...everyone who open carries, regardless of the reason they do it, is an ambassador for open carry that everyone in the public looks at very carefully. Those who open carry in a less than professional manner make all open carriers look like irresponsible idiots.

    Just saw your post above concerning image... good for you Sir!
    Last edited by Bikenut; 09-09-2010 at 06:58 PM.
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

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    There are many reasons as to why this is a bad idea.

    OP has only listed one reason as to why it is a good idea: comfort.

    Please weigh the disadvantages against the advantage.

    That is as politically correct and unassuming as I can be about this.
    Last edited by Sefner; 09-09-2010 at 07:05 PM.

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    Regular Member autosurgeon's Avatar
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    If the OP is having comfort issues he needs a better belt and holster or at least a better belt depending on what holster he has.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Regular Member DanM's Avatar
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    Quote Originally Posted by stephenl9 View Post
    Thanks, I do have a retention holster. I simply find it more comfortable this way. I see how it can make for a bad image however..
    This goes beyond "bad image". Carrying a pistol in a back pocket is VERY POOR with respect to keeping your weapon secure. There are a variety of retention holsters you can look at to suit your carry and drawing style. Please get and use a retention holster for OC'ing in public.

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    Quote Originally Posted by autosurgeon View Post
    OK two things.

    One this might be a grey area as a pocket is not a holster.

    Two the lack of security and the gun being in a prime place for a grab would give me the willies!

    Therefor IMOP this is all around a bad idea! Invest in a retention holster for 50.00 bucks and be done with it!
    Stu said that there is a case on the appellate level that makes it less of a gray area. I've just haven't found the case yet, but if anyone is interested, it's on MGO.

  10. #10
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Comfort is important, but this must be a very small pistol, & the potential for things going awry is very high. There are many very comfortable holsters available some are expensive & others are not. My Glock 26 is very comfortable to carry in a simple $15 nylon (USA made) OWB holster with a custom thumb break installed + $5 total cost $20.

    Not having to worry about it slipping out somewhere (ie into crapper as I'm taking my pants down to drop a loaf) PRICELESS.

  11. #11
    Regular Member Bailenforcer's Avatar
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    If you ever fall, or have a unscheduled trip that unsecured weapon could go flying who knows where. Been there done that and with a holster so a pocket is a huge safety no no for me. I had to tackle a runner and lost a weapon from a strapped and snapped holster once. Now I only use holsters with a reputation for security when open carry, or concealed.

    Quote Originally Posted by stephenl9 View Post
    Thanks, I do have a retention holster. I simply find it more comfortable this way. I see how it can make for a bad image however..
    Exo 22:2 "If anyone catches a thief breaking in and hits him so that he dies, he is not guilty of murder.
    Luke 22:36: "Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one." Luk 11:21 "When a strong man, with all his weapons ready, guards his own house, all his belongings are safe.

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    why would you ever want to put it in your back pocket with the grip hanging out...
    that screams gun grab or gun snagging and falling out.
    has to be the dumbest thing i have heard of for a method of carry.

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    Last edited by T Vance; 09-18-2010 at 11:25 PM.

  14. #14
    Regular Member autosurgeon's Avatar
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    Yeah I just threw 50.00 out as a round number
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    This web site is focused on the right to openly carry properly holstered handguns in daily American life.
    http://forum.opencarry.org/forums/misc.php?do=showrules

    IMO there are several reasons for that 1) being safety, trigger protection and retention and 2) public perception and education of OCers as responsible, good citizens.
    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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    Regular Member NHCGRPR45's Avatar
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    ok first stop the "negative feedback" he asked a question, and a good question. he has gotten some good answers. he may be a first time poster that has been looking at this site and finally made the first step to a long journey. we all know that back pocket carry is a bad idea, now he knows it also. yes there has been at least one person who was charged and convicted of this, and some who were let off. IMO you can't be "almost" right when you have a firearm, your 100% right or 100% wrong.

    so the AG op says "a pistol in a holster, in plain view is not considered concealed" thats key! now personal opinions on what is "plain view" are out there. IMO make it OBVIOUS its a holstered handgun! any of the good manufacture's of holsters today make at least one type of holster for nearly every handgun imaginable! you should be able to find a really good holster for your type of firearm, and in nearly any kind of carry method you could think up. there are even custom holster makers if you can't find a "stock" holster you like. you should think about a level 2 retention holster. especially if your preferred carry position is behind the hip.

    level 1 is generally a "friction" type holster, i.e the tightness of the holster, and snug fit is what holds your life saveing tool inside the holster. some include a "tension" device to adjust said friction.

    level 2 is friction plus an added active security device, thumb snap, button of some typ, or lever, or even a certain way to manipulate firearm before a draw can be accomplished.

    level 3 is the above plus an additional device of some type, could include anything above, some other things.

    the level of retention goes up or down with expected threat type, uniformed cops have a minimum of L2 and lots have L3 cc maybe a level one.

    is back pocket carry a viable carry point. IMO it depends on your personal protection plan. only you can decide what that plan entails. but IMO and as you have seen here on OCDO, for open carry it is not a good place to carry a gun. i share this point with many of the OC people here.

    you are responseable for you, but when you carry a gun you also represent all gun owners, everyone here is VERY passionate about firearms, and all forms of safe carry and safe firearm handling. emotions run high! as they should! but try to take a step back from emotion. first feel out a new poster, and give him/her they best advice you can.

    don't worry if someone dissagrees with your post you will know it!

    stay safe and carry on!.....safely
    Last edited by NHCGRPR45; 10-06-2010 at 10:54 PM. Reason: poor somthin, speling mehby

  17. #17
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by NHCGRPR45 View Post
    ok first stop the "negative feedback" he asked a question, and a good question. he has gotten some good answers. he may be a first time poster that has been looking at this site and finally made the first step to a long journey. we all know that back pocket carry is a bad idea, now he knows it also. yes there has been at least one person who was charged and convicted of this, and some who were let off. IMO you can't be "almost" right when you have a firearm, your 100% right or 100% wrong.

    so the AG op says "a pistol in a holster, in plain view is not considered concealed" thats key! now personal opinions on what is "plain view" are out there. IMO make it OBVIOUS its a holstered handgun! any of the good manufacture's of holsters today make at least one type of holster for nearly every handgun imaginable! you should be able to find a really good holster for your type of firearm, and in nearly any kind of carry method you could think up. there are even custom holster makers if you can't find a "stock" holster you like. you should think about a level 2 retention holster. especially if your preferred carry position is behind the hip.

    level 1 is generally a "friction" type holster, i.e the tightness of the holster, and snug fit is what holds your life saveing tool inside the holster. some include a "tension" device to adjust said friction.

    level 2 is friction plus an added active security device, thumb snap, button of some typ, or lever, or even a certain way to manipulate firearm before a draw can be accomplished.

    level 3 is the above plus an additional device of some type, could include anything above, some other things.

    the level of retention goes up or down with expected threat type, uniformed cops have a minimum of L2 and lots have L3 cc maybe a level one.

    is back pocket carry a viable carry point. IMO it depends on your personal protection plan. only you can decide what that plan entails. but IMO and as you have seen here on OCDO, for open carry it is not a good place to carry a gun. i share this point with many of the OC people here.

    you are responseable for you, but when you carry a gun you also represent all gun owners, everyone here is VERY passionate about firearms, and all forms of safe carry and safe firearm handling. emotions run high! as they should! but try to take a step back from emotion. first feel out a new poster, and give him/her they best advice you can.

    don't worry if someone dissagrees with your post you will know it!

    stay safe and carry on!.....safely
    +1
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Regular Member pmcqueen37's Avatar
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    live every day like its your last cause one day you will be right

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    Moderator / Administrator Grapeshot's Avatar
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    The link above is probably OT for this thread.

    Also there are already several threads on that matter - following reference is just one of them.
    http://forum.opencarry.org/forums/sh...ver-pizza-shop

    Watson is filing an appeal - it is far from conclusive at this time.
    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.

  20. #20
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Thumbs down May this thread die a speedy & quite death

    http://www.youtube.com/watch?v=PcIiYefFrGE

    [couldn't resist a musical tribute ...]
    Last edited by Glock9mmOldStyle; 10-07-2010 at 10:03 PM.

  21. #21
    Regular Member Onnie's Avatar
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    I agree

    Quote Originally Posted by NHCGRPR45 View Post
    ok first stop the "negative feedback" he asked a question, and a good question. he has gotten some good answers. he may be a first time poster that has been looking at this site and finally made the first step to a long journey. we all know that back pocket carry is a bad idea, now he knows it also. yes there has been at least one person who was charged and convicted of this, and some who were let off. IMO you can't be "almost" right when you have a firearm, your 100% right or 100% wrong.

    so the AG op says "a pistol in a holster, in plain view is not considered concealed" thats key! now personal opinions on what is "plain view" are out there. IMO make it OBVIOUS its a holstered handgun! any of the good manufacture's of holsters today make at least one type of holster for nearly every handgun imaginable! you should be able to find a really good holster for your type of firearm, and in nearly any kind of carry method you could think up. there are even custom holster makers if you can't find a "stock" holster you like. you should think about a level 2 retention holster. especially if your preferred carry position is behind the hip.

    level 1 is generally a "friction" type holster, i.e the tightness of the holster, and snug fit is what holds your life saveing tool inside the holster. some include a "tension" device to adjust said friction.

    level 2 is friction plus an added active security device, thumb snap, button of some typ, or lever, or even a certain way to manipulate firearm before a draw can be accomplished.

    level 3 is the above plus an additional device of some type, could include anything above, some other things.

    the level of retention goes up or down with expected threat type, uniformed cops have a minimum of L2 and lots have L3 cc maybe a level one.

    is back pocket carry a viable carry point. IMO it depends on your personal protection plan. only you can decide what that plan entails. but IMO and as you have seen here on OCDO, for open carry it is not a good place to carry a gun. i share this point with many of the OC people here.

    you are responseable for you, but when you carry a gun you also represent all gun owners, everyone here is VERY passionate about firearms, and all forms of safe carry and safe firearm handling. emotions run high! as they should! but try to take a step back from emotion. first feel out a new poster, and give him/her they best advice you can.

    don't worry if someone dissagrees with your post you will know it!

    stay safe and carry on!.....safely
    +1

  22. #22
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    Hmmm, back pocket eh, thats a new one.

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