Posted: 6/24/2011 9:06:36 AM EDT
| Is it considered open carry if I wear an IWB holster but tuck my shirt in behind the holster? |
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The officer that stops you will most likely be the one that decides that. Many places rely on the words of the responding officer.
I know in the past, when you USED to have to do the VA tuck in restaurants there in VA that what you described was fine with many officers. Found that out first hand. |
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The correct answer is "Check your state and local laws".
Most states are going to consider that to be open carry, but it does vary. In some states, partially concealed is considered concealed. Post in the Hometown Forums under your state for a more specific answer. |
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Taken from another forum. This is regarding VA law.
Code Section § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
. . . . . . . If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material;. . . . . . . . . . For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. It seems that 'common observation' is the standard. From that, I'd take that it would be fine. But follow as others have suggested and ask around the hometown forum. |
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Quoted:
Okay thanks guys...I'll report back what they say. LOL what They say? Are you meaning when the cops are called and you see what their opinion is? As they may be potentially arresting you? FYI Cops arent lawyers or judges, they may not know the law 100% So I wouldnt take their opnion all the time. I guess if you are arrested, you most likely be going before the judge, and I guess you would find out then 
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I think he means people from the local forum.
As noted above VA uses "common observation" wording. If the weapon is both "readily accessible" and concealed from common observation it would be considered concealed regardless of whether it is loaded or not. What that means is that a loaded handgun on your seat or dash in plain sight is (probably) going to be viewed as legal while a handgun in the center console, glove box or under the seat would be considered concealed whether it is loaded or not. The "probably" mentioned above is in regard to the opinion of any officer involved. By the time you get in front of a judge it will probably be sorted out but in the extreme you could have a long uncomfortable weekend if an LEO was not impressed and wanted to push it a bit to make a point. Similarly, if the weapon or holster is partially obscured an officer could decide it is no longer considered to be commonly observable. That could occur if just the grip were showing or if a jacket or gym bag ends up covering the weapon or holster or if you are wearing the weapon and are now sitting in your car. It is probably just as important to consider where you are wearing it, the image it portrays to the public (probably not even notable in rural VA but could cause panicked liberals in NOVA to dial 911) and how you appear. Dressing respectably is fine, while dressing like a dirt bag, gang banger or psycho will cause people to both take note and express concern. That does not help promote open carry in a positive manner and could prompt an officer to lean on the heavy side of the "common observation" enforcement options to both make a point and to more effectively maintain order. |
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Quoted:
I would say "Yes". Is there a law regarding open carry in your area that requires the entire handgun/holster be visible? Depends. When I first researched CCW in New Mexico, it seems that some sheriff decided that a belt-tucked pistol, with the grip showing, was in fact CCW. The problem with the law is that defending yourself in court is costly. |
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LOL what They say?
Are you meaning when the cops are called and you see what their opinion is? As they may be potentially arresting you? FYI Cops arent lawyers or judges, they may not know the law 100% So I wouldnt take their opnion all the time. I guess if you are arrested, you most likely be going before the judge, and I guess you would find out then By they I meant local forum guys but, I didn't post... I'll just get an open carry holster until I turn 21. I don't want to even go to court and for the record I'd be carrying in rural Va so there is very little chance of any issue whatsoever. |
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Quoted:
Quoted:
Okay thanks guys...I'll report back what they say. LOL what They say? Are you meaning when the cops are called and you see what their opinion is? As they may be potentially arresting you? FYI Cops arent lawyers or judges, they may not know the law 100% So I wouldnt take their opnion all the time. I guess if you are arrested, you most likely be going before the judge, and I guess you would find out then If you had spent a lot of time in court you would know that neither lawyers or judges know the law 100% either. No one does, there is way too much of it. The average LEO probably knows more about criminal law than the average lawyer. Of course one has to keep in mind that most lawyers are not criminal defenders or DA/ADAs. As for the open carry question. I was a police officer in Virginia for ten years. I would have considered what the OP suggests open carry, but there is no bright line rule that says what is and what isn't. What does common observation mean? It seems like an easy answer, but spend some time in court and isn't so clear anymore. |