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Open carry with a In the waist band holster with out a concealed carry permit?

elixin77

Regular Member
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Feb 20, 2010
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Greenville, NC, ,
I don't, but I have met someone who does.

The key is to make sure that the firearm is easily recognizable as a firearm - i.e., make sure at least the grip is sticking out.

Other than that, go for it.
 

hotrod08

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Dec 28, 2009
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I don't, but I have met someone who does.

The key is to make sure that the firearm is easily recognizable as a firearm - i.e., make sure at least the grip is sticking out.

Other than that, go for it.


I thought about trying it out, But wanted to get another opinion. Everyone I have talked to (Off forum) Say its a tricky situation and not to try it.

I'll tuck in my shirt that way, The weapon is less likely to get concealed.
I'm gonna get a different IWB holster (With some type of retention ) Before I start carrying in more populated areas.

I got a uncle mikes holster right now (No retention)

Just looking for something different than my serpa, I'll still use it though.

I have to wait another 11 months before I can take the Concealed carry class, Can't wait.
 

elixin77

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The key question you need to ask yourself is:

-does this look like a gun?

if someone else (apart from you) says 'yes' your good to go.
 

OSOK

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Oct 10, 2010
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High Point NC
hotrod8812

I don't carry with an IWB holster, but my friend does. I personally dont like this type of holster while OC'ing because of the shirt issue. If you are at all active it seems that most shirts become untucked some what. That combined with most IWB holsters that are more than likley designed for CC can become more of a nusence than an asset. I guess what I would say is just be aware of the fact that you may inadvertantly cover you weapon without even realizing it. Good luck
 

rotorhead

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Sep 18, 2010
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Location
FL
I thought about trying it out, But wanted to get another opinion. Everyone I have talked to (Off forum) Say its a tricky situation and not to try it.

I'll tuck in my shirt that way, The weapon is less likely to get concealed.
I'm gonna get a different IWB holster (With some type of retention ) Before I start carrying in more populated areas.

I got a uncle mikes holster right now (No retention)

Just looking for something different than my serpa, I'll still use it though.

I have to wait another 11 months before I can take the Concealed carry class, Can't wait.

On a side note, don't be in such a hurry for the class and permit. Legally, it opens you up to a higher standard, sort of a "you should have known better" premise. Much like an off-post pass (for those of us that have been stationed overseas in the military), it's the first thing they want to take away from you for even minor issues.

Personally, I find it somewhat offensive that the permit is something we have to get in the first place. However, I may break down this year and get one due to not wanting to be involved with arguments with LEO's concerning OC/ CC during winter months where I'm more apt to wear coats and jackets.

In your case where you may be using a holster that could have you inadvertently causing your weapon to be "concealed" with clothing, it may be something you want to pursue, but on the other hand, the permit comes with a myriad of regulations which can be confusing and cause all sorts of headaches.

Even with a permit, I'll still be mostly OCing. I'll only have it for two reasons: to cover my ass when longer, heavier clothing is worn, and to be legal when I'm forced to disarm before going into areas where guns are not allowed. The permit allows you to hide your weapon in your car instead of leaving it in full view (thereby enticing thieves to steal it) as law currently dictates.

As with almost anything, most of the situations you'll find yourself in will be up to the individual interpretation of the specific LEO's you'll encounter. Some lean one way and others lean the opposite. Sadly, I guess there's no standard when it comes to training and enforcing statutes related to guns.
 

hotrod08

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The key question you need to ask yourself is:

-does this look like a gun?

if someone else (apart from you) says 'yes' your good to go.


Yes, I had a guy the other day that didnt know I carried and He seen that it was a gun (And my shirt wasn't even tucked in) BUT was tucked behind the holster.

I was at my uncles and just got the holster and I wanted to try it out.
 

hotrod08

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hotrod8812

I don't carry with an IWB holster, but my friend does. I personally dont like this type of holster while OC'ing because of the shirt issue. If you are at all active it seems that most shirts become untucked some what. That combined with most IWB holsters that are more than likley designed for CC can become more of a nusence than an asset. I guess what I would say is just be aware of the fact that you may inadvertantly cover you weapon without even realizing it. Good luck


I understand, I will keep an eye on it, If I decide to use it, Thanks
 
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hotrod08

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On a side note, don't be in such a hurry for the class and permit. Legally, it opens you up to a higher standard, sort of a "you should have known better" premise. Much like an off-post pass (for those of us that have been stationed overseas in the military), it's the first thing they want to take away from you for even minor issues.

Personally, I find it somewhat offensive that the permit is something we have to get in the first place. However, I may break down this year and get one due to not wanting to be involved with arguments with LEO's concerning OC/ CC during winter months where I'm more apt to wear coats and jackets.

In your case where you may be using a holster that could have you inadvertently causing your weapon to be "concealed" with clothing, it may be something you want to pursue, but on the other hand, the permit comes with a myriad of regulations which can be confusing and cause all sorts of headaches.

Even with a permit, I'll still be mostly OCing. I'll only have it for two reasons: to cover my ass when longer, heavier clothing is worn, and to be legal when I'm forced to disarm before going into areas where guns are not allowed. The permit allows you to hide your weapon in your car instead of leaving it in full view (thereby enticing thieves to steal it) as law currently dictates.

As with almost anything, most of the situations you'll find yourself in will be up to the individual interpretation of the specific LEO's you'll encounter. Some lean one way and others lean the opposite. Sadly, I guess there's no standard when it comes to training and enforcing statutes related to guns.



My main reason for wanting my CHP is it makes it easier for vehicular carry.
When I get my Permit I will still OC in fact maybe OC more.


My thought was if stopped, LE could say that holster was for CC thus thinking I was trying to CC and it just happen to show ETC.
As long as I don't anything illegal, A leo shouldn't stop me just for having the weapon in my waistband, And if people can see that its there how can a CC charge stick.




The United States Supreme Court
(see Terry V. Ohio) and the North Carolina courts
(see State V. Huntley) have ruled that peacably
carrying an unconcealed weapon is not in itself
grounds for a police officer to stop or question you.
A police officer has to have a reasonable suspicion
that the person “has committed, is committing, or is
about to commit a crime” before questioning or
detaining you.
 

sultan62

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Jul 2, 2010
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Clayton, NC
I finally broke down on the CHP. I've applied for it, should get it sometime in November or December.

I still intend to OC, but I want to be able to carry in SC, have concealed as an option, be able to throw on a coat without having to worry about it, etc.

I still don't like the idea that I have to have a permit for it.
 

Northerner

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Aug 20, 2010
Messages
320
Location
Clayton, NC
anybody here open carry with a IWB holster without a concealed carry permit?

I OC because I generally wear polos and button down shirts tucked in my pants. It's just easier. I do have a CHP to make it easier for me to have my firearm inside my car/truck. But, a few times I haven't been able to strap on my SERPA II retention holster, so I'll tuck my G23 in my waist band using my Uncle Mikes IWB. My expeirence has shown I get more "looks" and "stares" from people when the butt of my G23 is protruding from my waist band than I do with my retention holster (OCing). In my opinion, most see the SERPA II holster "looking like LEO" vs. a "criminal/thug" with the butt hanging out of my waist band. My point...OCing with IWB (although legal but open to the LEO's opinion) may present an unwanted perception by those around you, bringing unwanted attention. I would continue to get the CHP to at least get by the LEO opinion of OC vs. Concealed.
 
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hotrod08

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I OC because I generally wear polos and button down shirts tucked in my pants. It's just easier. I do have a CHP to make it easier for me to have my firearm inside my car/truck. But, a few times I haven't been able to strap on my SERPA II retention holster, so I'll tuck my G23 in my waist band using my Uncle Mikes IWB. My expeirence has shown I get more "looks" and "stares" from people when the butt of my G23 is protruding from my waist band than I do with my retention holster (OCing). In my opinion, most see the SERPA II holster "looking like LEO" vs. a "criminal/thug" with the butt hanging out of my waist band. My point...OCing with IWB (although legal but open to the LEO's opinion) may present an unwanted perception by those around you, bringing unwanted attention. I'd get continue to get the CHP to at least get by the LEO opinion of OC vs. Concealed.


That kinda answers my ? as to if I want to try out using a IWB holster.

I have a SERPA holster I use also.
I thought if I went with a IWB holster maybe the weapon would be less Noticed.
(For more than one reason)

I'm not 21 yet but as soon as I turn 21 I'll be getting my CHP.
 

hotrod08

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On a side note, don't be in such a hurry for the class and permit. Legally, it opens you up to a higher standard, sort of a "you should have known better" premise. Much like an off-post pass (for those of us that have been stationed overseas in the military), it's the first thing they want to take away from you for even minor issues.

Well I have to agree it sets you up to be held to a higher standard, But like I was told a few years back by a DA and the captain of detectives Not knowing the law isn't a defense.
Meaning Even without a CHP If you gonna do something Know the limits Understand whats what And if you don't, that isn't a defense
 
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chiefjason

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Joined
Jan 29, 2009
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Location
Hickory, NC, ,
I'm not 21 yet but as soon as I turn 21 I'll be getting my CHP.

FYI, you do not have to be 21 to take the class. And the certificate does not expire. So take the class early. Then walk in on your Bday to turn in the paperwork. Might save a bit of time.

If you get hounded for "trying to conceal", you could ask them how they knew you had a gun. If they see it, it's open. Right? Personally, I just go all out with a SERPA.
 

cricketdad

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Joined
May 29, 2010
Messages
381
Location
Fayetteville, North Carolina, USA
On a side note, don't be in such a hurry for the class and permit. Legally, it opens you up to a higher standard, sort of a "you should have known better" premise. Much like an off-post pass (for those of us that have been stationed overseas in the military), it's the first thing they want to take away from you for even minor issues.

I hear this higher standard brought up often. Is there case law to prove that or is it just an assumption?
 
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elixin77

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Feb 20, 2010
Messages
591
Location
Greenville, NC, ,
Thats just an assumption, IMO.

People think that you 'should know better' because you've been taught laws pertaining to CC'ing. As someone else said though - 'I didn't know' isn't a valid defense when charged with manslaughter.
 
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