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Flap holster OK for Open Carry?

dfrak

New member
Joined
Mar 29, 2009
Messages
5
Location
Livonia, MI
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
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
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
 

kryptonian

Regular Member
Joined
Apr 26, 2010
Messages
245
Location
, ,
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.
 

cmdr_iceman71

Regular Member
Joined
Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA
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.
 

Michigun

Regular Member
Joined
May 12, 2010
Messages
139
Location
Michigan
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.

gspatton-photo-01.jpg
 

Bronson

Regular Member
Joined
Jul 14, 2008
Messages
2,126
Location
Battle Creek, Michigan, USA
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
 

dfrak

New member
Joined
Mar 29, 2009
Messages
5
Location
Livonia, MI
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
 

NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
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.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
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.
 

NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
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!:banana:
 
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