Okay so SB234 went into effect on June 17, 2011 and my brother received this notice on July 14, 2011. Then it is clear to assume that he then received the most current 790/HB45 statue details. So here's the thing.... it states nothing about the term BRIEFLY anywhere in the 21 page notice, nor do I recall reading anything specifically outlining FLAGGING. So I'm confused, lol...
Define flagging, I'm not familiar with the term.
So the statue is saying that as long as no one can see the "physical" gun itself, then you're legal?
Correct.
Seeing the outline or imprint of a gun is not seeing the gun itself.. right?
Correct.
Okay... so let me go ahead and as this... I don't like IWB holsters so I will be carrying my XD45c in a OWB. Now what if the TIP of the HOLSTER is sticking out of the bottom of my shirt, or what if I reach for something and my HOLSTER (not the gun) is exposed, is that flagging? Since it is NOT the GUN you see, but ONLY the HOLSTER, I would assume that you're good since there is no "physical" part of the gun being exposed.... Yes/No?
The new statute says that so long as you are otherwise carrying concealed, a brief exposure of your firearm is not a criminal act so long as such exposure was not made in a deliberate and threatening manner. So, if you are reaching up for an item on a top shelf in a store and your firearm becomes visible to the ordinary sight of another person, then there is no crime committed and you cannot be prosecuted.
Now I would assume that if you have an open ended holster and your shirt does not cover it completely, IE; the tip, then you would be in violation of the statue since your gun ITSELF can be "physically" seen.
That's the way I see it as well. On the other hand, if your holster completely hides your firearm (think WWII Luger holsters), then that would be lawful in the same way one can carry a Ruger LCP in a fanny pack.
Thanks for bearing with me on this
My pleasure sir!