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Thread: In KY - Flap holster is OC or CC

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    In KY - Flap holster is OC or CC

    I cannot find anywhere in the KRS the definition of "Concealed". I am just wondering if I carry my revolver in a flap holster, would it be considered OPEN or CONCEALED.

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    Regular Member DrakeZ07's Avatar
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    I dunno the legality of whether its concealed or not, but common sense tells me; 'It's a holster, possibly worn on your hip, people knows that holsters holds sidearms...' I'd ask a lawyer with a free consultation, or the DA of your county. Never ask a cop :/
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    Regular Member Comm's Avatar
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    I carry a Ruger 380 in a bulldog pouch, and it conceals the gun fine. Most think it's a large cell phone or PDA case. A few cops I know have said that the gun and holster have to be concealed, but according to the Ky statue, only the weapon is to be concealed.

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    Quote Originally Posted by Comm View Post
    A few cops I know have said that the gun and holster have to be concealed, but according to the Ky statue, only the weapon is to be concealed.
    Which Ky statue says that the weapon has to be concealed ?

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    I think this would be for those us who do not have a CCDW yet.

    If someone who did not have a CCDW, could they be cited for concealing a handgun in a holster with a flap that completely covers the firearm?

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    Regular Member Comm's Avatar
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    Quote Originally Posted by Tmhrr View Post
    Which Ky statue says that the weapon has to be concealed ?
    237.110
    (c) Authorize the holder of the license to carry a concealed firearm or other deadly weapon, or a combination thereof, on or about his or her person; and
    (d) Authorize the holder of the license to carry ammunition for a firearm on or about his or her person.

    Nowhere does it say anything about the holster... just the firearm has to be concealed.

    I know this is an OC forum, but he asked about the holster. Not trying to step on toes about OC.
    Last edited by Comm; 09-14-2011 at 07:24 AM.

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    Quote Originally Posted by Comm View Post
    237.110
    (c) Authorize the holder of the license to carry a concealed firearm or other deadly weapon, or a combination thereof, on or about his or her person; and
    (d) Authorize the holder of the license to carry ammunition for a firearm on or about his or her person.

    Nowhere does it say anything about the holster... just the firearm has to be concealed.

    I know this is an OC forum, but he asked about the holster. Not trying to step on toes about OC.

    Thats the law authorizing license holders to carry concealed, it doesn't say anything about it having to be concealed.

    A person obtaining their ccdw license does not lose their rights to oc

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    Caution

    In any situation where the mistake can cost you your freedom and future ability to own a fire arm I'd err on the side of caution.

    Putting a pistol in a backpack to go hiking or fishing, turns out, is concealed carry. Even if you have no immediate access to the weapon.

    As I understand the open carry statutes, the firearm must be easily and immediately visible and recognizable as a fire arm to anyone looking at the person carrying. In that strict case I would not wear a holster with a full cover or rain flap. Unless the holster is molded to look exactly like the firearm inside, I wouldn't risk it.

    But if you think that your holster is "gun shaped" enough that no one could mistake it for anything else, try calling the sheriff for your county, or you local police chief. Get their opinion, and in worst case scenario if you wear it locally and an officer stops you for it, you have precedent on your side. You can say , "call the chief, sheriff" I just asked them about this X days ago.

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    Quote Originally Posted by Comm View Post
    I carry a Ruger 380 in a bulldog pouch, and it conceals the gun fine. Most think it's a large cell phone or PDA case. A few cops I know have said that the gun and holster have to be concealed, but according to the Ky statue, only the weapon is to be concealed.
    The cops you know are lying through their teeth if they tell you that your firearm must be concealed. Just because you get your cdwl does not mean that you must conceal. Cops can and do lie, never ask a cop for legal advice, look everything up for yourself, and if you don't think you have the competence to do so, ask a lawyer who is up to date on firearms laws. This is Kentucky Bub, we can openly carry our firearm more places than we can carry concealed, it's due to this little document called the Kentucky state constitution, please if your gonna give advice about someones rights, give them correct advice. As far as your question, if you don't have a cdwl, I'd certainly make sure my firearm is visible outside your shirt at all times, and when you get in your vehicle to drive, put it on the dash or in the console. Best thing to do is just get your license, it's too easy not too.

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    Easy glockster, don't bite the guys head off lol.

    Seriously though I think you guys misunderstood Comms post. I believe he was saying both the holster and gun must be concealed to be charged with carry a concealed deadly weapon if you have no CCDW. Not that if you have a CCDW you must conceal.

  11. #11
    Regular Member Comm's Avatar
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    Quote Originally Posted by KYGlockster View Post
    The cops you know are lying through their teeth if they tell you that your firearm must be concealed. Just because you get your cdwl does not mean that you must conceal. Cops can and do lie, never ask a cop for legal advice, look everything up for yourself, and if you don't think you have the competence to do so, ask a lawyer who is up to date on firearms laws. This is Kentucky Bub, we can openly carry our firearm more places than we can carry concealed, it's due to this little document called the Kentucky state constitution, please if your gonna give advice about someones rights, give them correct advice. As far as your question, if you don't have a cdwl, I'd certainly make sure my firearm is visible outside your shirt at all times, and when you get in your vehicle to drive, put it on the dash or in the console. Best thing to do is just get your license, it's too easy not too.
    OUCH! can I have my head back now??
    If I recall the original question... he was asking if a flap holster would be consider concealed? I was only making reference to that... that my holster conceals the weapon, but the holster is still visible. I never said I TOOK the cops advice... just they gave me their 2 cents worth, which I did not deposit. I asked a lawyer friend, who said if the weapon is hidden, by the case, and "no part of the weapon is visible" then it is concealed.
    Didn't mean to confuse people, just trying to help. Guess I should just keep my thoughts to myself from now on, and just read the comments................

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    Quote Originally Posted by Comm View Post
    OUCH! can I have my head back now??
    If I recall the original question... he was asking if a flap holster would be consider concealed? I was only making reference to that... that my holster conceals the weapon, but the holster is still visible. I never said I TOOK the cops advice... just they gave me their 2 cents worth, which I did not deposit. I asked a lawyer friend, who said if the weapon is hidden, by the case, and "no part of the weapon is visible" then it is concealed.
    Didn't mean to confuse people, just trying to help. Guess I should just keep my thoughts to myself from now on, and just read the comments................
    I must say after reading your post again I certainly owe you an apology, I understand what you where trying to get across, I'm so used to people saying everything they have heard an think it is true just because they know who told them that I jumped to conclusion and should not have. Guys I work with used to swear up and down that open carry was illegal, and that a cop could arrest you for having a gun, or if they didnt like your attitude that I've grown a little frustrated. But most certainly do not quit speaking your opinion, that's part of being american, and I'd never give up my freedom of speech, but again, I do apologize.

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    Regular Member Comm's Avatar
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    Quote Originally Posted by KYGlockster View Post
    I must say after reading your post again I certainly owe you an apology, I understand what you where trying to get across, I'm so used to people saying everything they have heard an think it is true just because they know who told them that I jumped to conclusion and should not have. Guys I work with used to swear up and down that open carry was illegal, and that a cop could arrest you for having a gun, or if they didnt like your attitude that I've grown a little frustrated. But most certainly do not quit speaking your opinion, that's part of being american, and I'd never give up my freedom of speech, but again, I do apologize.
    Thanks KYGlockster, Like I said I didn't mean to confuse anyone, and sometime I may be quick to write it down, and not get specific, but no need to apologize. I'm fairly new here, and I have learned alot on this forum with all the knowledgeable people here.
    Thanks Comm

  14. #14
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    I see Kentucky is somewhat like WA, in that OC is legal without a permit, and CC is legal with a permit.

    Personally I own both, a full coverage holster (for real bad weather, nothing shows except the spare magazine) and a covered hunting holster that leaves the butt of the gun exposed (but nothing else). The hunting holster is for a 6" Colt Python, the full Coverage holster is for a CZ-52.

    I have OC's (my definition of OC) with both, never been asked for my CPL. I talked to a Sheriff's Deputy when I was wearing a full coverage holster (that is so old it is no longer usable) for my 1926 Colt officers model 38, and was not asked for my CPL.

    This was in Washington state, your mileage may very. BTW: I was not worried about it at any time, as I do have a CPL, I just prefer to OC as most of my handguns are really too large to conceal.

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