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OCing in the cold, with a coat, without a concealed permit...

nova

Regular Member
Joined
Aug 19, 2007
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3,149
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US
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Sea_Chicken wrote:
If the holster hangs below the bottom of your coat is that legal for oc with no permit?
I wouldn't count on it. They would probably try something like "the gun was hidden from common observation" since the coat covered the top of the gun and the holster covered the bottom or some bs like that. I wouldn't want to be a test case though.
 

Tomahawk

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Joined
Oct 1, 2006
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5,117
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4 hours south of HankT, ,
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nova wrote:
Sea_Chicken wrote:
If the holster hangs below the bottom of your coat is that legal for oc with no permit?
I wouldn't count on it. They would probably try something like "the gun was hidden from common observation" since the coat covered the top of the gun and the holster covered the bottom or some bs like that. I wouldn't want to be a test case though.
Agreed. If you're only going to show part of the pistol, make sure it's the top part that's not inside the holster, the butt and back of the slide. q.v. "the Virginia Tuck"
 

SouthernBoy

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May 12, 2007
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Western Prince William County, Virginia, USA
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Sea_Chicken wrote:
If the holster hangs below the bottom of your coat is that legal for oc with no permit?

I have knowledge through a friend about a case in Virginia similar to this. The defendant was charged with carrying a concealed weapon without a permit (this was before the '95 "shall issue" law was passed). The judge questioned the arresting officer as to whether or not at any time was a weapon visible. The officer had to answer in the negative since all he ever saw was a holster (must have had a closed bottom so the barrel would show). The judge dismissed the case on the grounds that there wasn't sufficient cause for the arrest in the first place.
 
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