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Thread: Flap holster OK for Open Carry?

  1. #1
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    Flap holster OK for Open Carry?

    Folks,
    I hope you can help me with my question. I did a few searches but didn’t find the information I was l looking for.

    I have a friend who is enthusiastic about open carry, but the only holsters he has are the military / police style flap holsters. He does not have a CPL.

    Is it OK for him to open carry if his handgun is in a flap holster?

    Regardless if the answer is yes or no, is the law pretty clear on this point?

    Thanks for your help.

    Dan

  2. #2
    Regular Member WARCHILD's Avatar
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    I for one would advise against it for sure. Most flap holsters cover all, if not most of the gun. It would therefore be concealed; no different than having it in your pocket or a bag.
    Would a reasonable person conclude there was a gun in this holster...yes...but as we have found if a cop is on a mission to enforce his opinions and not the law; you may get seriously jacked up over the "acceptability" of this holster as OC.

    JMO

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    mho i am with warchild on this one, the flap on the holster would be viewed as concealing the hand gun.

  4. #4
    Regular Member kryptonian's Avatar
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    the law aside we had those flap holsters at my police dept. in texas. we called them widow makers. much longer draw time. buy a new holster.

  5. #5
    Regular Member cmdr_iceman71's Avatar
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    Yeah, even though attorney general Granholm’s opinion defines open carry as, "a holstered pistol in plain view," and a holstered pistol, although in a flap style holster, meets the aforementioned definition, all it would take is for your friend to cross paths with one uninformed LEO or one who dislikes OCers and they’ll charge him with carrying a concealed weapon and let him, his attorney, and the prosecutor sort all that stuff out in court.

    In a situation like that, most LEO’s primary concern would be making the arrest, if it doesn’t stick they simply walk away with an "I tried attitude" Meanwhile your friend is out of thousands of dollars in attorney fees.
    "Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth." - President George Washington

    "Timid men prefer the calm of despotism to the tempestuous sea of liberty." - Thomas Jefferson

    "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself." - Thomas Paine

  6. #6
    Regular Member Bronson's Avatar
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    Holsters are cheap.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

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    Regular Member Michigun's Avatar
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    It's kind of ironic people would have problems with it because when you see one of those types of holsters you immediately know what it is.


  8. #8
    Regular Member Bronson's Avatar
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    I don't believe any gun person would have a problem with it. I believe it's opening yourself up to unneeded and unnecessary hassle from over zealous LEO and prosecutors, kind of like IWB OC.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

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    Thank you all for you informed input.

    I'll let my friend know about the AG opinion mentioned and that the law is not as clear cut as he would like.

    Thanks again.

    Dan

  10. #10
    Regular Member NHCGRPR45's Avatar
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    imo, as a reasonable gun owner, yes this an acceptable way to OC outdoors oriented holsters can be found that entirely cover the gun as depicted in the picture on this thread.

    the key phrase is a handgun in a holster in plain veiw is NOT considered concealed.

    is the handgun in a holster, well lets look at the holster.

    is the handgun in the holster? yep! well ok roger that!

    is the gun in a holster AND are both in plain veiw? well the gun does in fact to appear to be in a holster, and both are in plain veiw, so YES OC it is. thats from my point of view.

    are both handgun and holster in plain veiw?

    well yes looks like it to me! issue resolved!

    not so much to some. do you want to risk it? well its up to you. me its a non-isue i have a CPL, an OC without a cpl? is it worth getting a felony over?? for me no. it a choice your friend will have to make.

    i also wouldn't reccomend it.

  11. #11
    Regular Member CharleyMarbles's Avatar
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    $50 for a new holster OR $Unknown THOUSANDS of dollars for FRIVILOUS defence????

    I gotta say I'm not the smartest chap but I'd buy a new holster

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    Regular Member 1245A Defender's Avatar
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    P-38

    bought a miitary flap holster, but!
    lotsa folks talked about it might be seen as concealed!
    so here are my modifications.

    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  13. #13
    Regular Member autosurgeon's Avatar
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    Now that's using your head!
    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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    Flap holster OK for Open Carry?

    Begs the meaning, modus ponens, of "open."

  15. #15
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by NHCGRPR45 View Post
    imo, as a reasonable gun owner, yes this an acceptable way to OC outdoors oriented holsters can be found that entirely cover the gun as depicted in the picture on this thread.

    the key phrase is a handgun in a holster in plain veiw is NOT considered concealed.

    is the handgun in a holster, well lets look at the holster.

    is the handgun in the holster? yep! well ok roger that!

    is the gun in a holster AND are both in plain veiw? well the gun does in fact to appear to be in a holster, and both are in plain veiw, so YES OC it is. thats from my point of view.

    are both handgun and holster in plain veiw?

    well yes looks like it to me! issue resolved!

    not so much to some. do you want to risk it? well its up to you. me its a non-isue i have a CPL, an OC without a cpl? is it worth getting a felony over?? for me no. it a choice your friend will have to make.

    i also wouldn't reccomend it.
    I agree.
    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.

  16. #16
    Regular Member NHCGRPR45's Avatar
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    good knife work! and so long as the firearm is secure i have no issues! and yes the firearm appears to be in a holster, more or less, and indeed the both appear to be in plain sight!
    good job!

  17. #17
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    Getting to the gun would take too long, get a serpa.

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