"Accidental" CW exposure - Page 4

"Accidental" CW exposure

This is a discussion on "Accidental" CW exposure within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; If your depending on the P.D. to protect you - yours is false hope. The F.B.I. and police statistics don't point out that 95%of the ...

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Thread: "Accidental" CW exposure

  1. #46
    Member Array mook012's Avatar
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    North & East - ask NSA
    If your depending on the P.D. to protect you - yours is false hope. The F.B.I. and police statistics don't point out that 95%of the time police response is after the fact. A very small percentage of the time is a police officer able to be on scene and effectively stop a crime in progress. It's not that they don't want to (maybe some don't - I know one) but they simply can not get there in time. And from time to time you hear from some official looking police commissioner or chief they have no legal responsiblity to come to your aid and protect you ( This is usually said when these officials are on the hot seat for some officer screwing up). Point is you always have been on your own. I know this looks like I'm slamming LEO's - I'm not. There are a lot of good hard working officers out there - they just can't be standing next to you 24/7. As far as the liberal/sheeple - criminals always need victims - you just can't fix stupid.

  2. #47
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by farronwolf View Post
    First of all, based on the statute it is intentional.
    I don't see a shirt riding up when your reaching over your head as intentional. Your not using your hand to lift the shirt.

    Secondly, if you have a holster that covers the entire barrel of the gun, they should only see the piece of leather that is visible when you reach up. None of the gun should be visible to them and you would not be failing to conceal the gun, only failing ot conceal the holster. Not recommended by any means but there is a difference in my mind.
    I don't know of to many holster that cover the entire gun, including the grip.

    As far as the security guard seeing it, they might ask you to leave the store. You should do so, so you are not in violation of 30.06. If it is a LEO that sees the gun, more than likely they will ask for you ID and you will be required to show them you DL and CHL at that time. I doubt that if it was a brief/unintentional exposure of the holster/gun that is would be an issue if you cooperate fully, and listen to the suggestions about keeping it concealed in the future. If they pursue it, then you might have to spend some money.
    I do agree, in this case I don't see it being an issue. It's Texas after all!

    In Michigan open carry is legal, so unless you "Brandishing" the gun it wouldn't be a problem. A jumpy customer might make a MWAG call, and the police might even respond, but you should be OK. I have only seen someone open carrying once, in a Sam's Club. I couldn't tell for sure if the sales clerk helping him noticed or not. I didn't see anyone else paying attention and as far as I know there was no MWAG call.

  3. #48
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by HotGuns View Post

    I found out that she had been traveling across country and was visitng some relatives and on her way home. She was from the Peoples Republic of Massachusetts, and let me know in no uncertain terms that people carrying guns in public was illegal, dangerous, and ill mannered. Being the polite fellow that I am, I listened to her rant and rave about people that carried guns in general and that guns were the cause of all ill's that were known to civilization.
    I would have been so tempted to ask her to take a breathalizer test. When she asked why I would tell her that obviously she didn't realize that she had left Massachustts long ago so she must be drunk, and if she was, that I would be taking her in for drunk and disorderly, filing a false 911 call and anything else I could.
    mook012 likes this.

  4. #49
    VIP Member Array SpencerB's Avatar
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    All depends on the state Handgunlaw.us

  5. #50
    Senior Member Array tankdriver's Avatar
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    Memphis, TN
    In TN we have a Carry Permit, sooo it matters not........
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  6. #51
    Ex Member Array walleye's Avatar
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    Quote Originally Posted by Ruark View Post
    I've been wondering what can happen when you're legally carrying, have an accidental exposure of your weapon and it gets seen by somebody.

    You're strolling through a Wally World or supermarket, and your wife or another shopper asks you to get something off a high shelf for her. As you reach up, your vest or tropical shirt rides up and briefly exposes your concealed weapon to a security guard or cop who happens to be looking at the mayonnaise nearby. Would that be an issue, or would it depend on the LEO? Would you be in violation of the CCW laws, even though it was accidental and brief? Another possibility, probably more likely, is that a gun-phobic customer would see it and freak out and go tell the manager, who in turn would probably call security and/or the police, maybe even evacuate the store.

    Boy, talk about having a bad day. I can see it now: you drop by the supermarket to pick up some bread and milk, and a minute later you're surrounded by a SWAT team....

    I've personally never heard of this happening. "Naaaawww, it's just some guy with a CHL."
    You're supposed to keep it concealed but I doubt if your coat flaps open for a second most cops are going to make a big deal out of it. They'd check your permit to make sure you weren't a felon and likely tell you to be more careful. But there is danger anytime you're seen with a gun, misinterpretation etc. The latter is likely more of a real danger and motivator for keeping it concealed than usual legal action.
    Last edited by walleye; December 17th, 2011 at 11:28 AM.

  7. #52
    Senior Member Array Beans's Avatar
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    Dec 2006
    AZ Border Territory,
    Come on over to AZ. (At least in southern AZ) No one would blink an eye.
    It is not unusual to be standing in line at the local grocery store, gas station, book store, Etc and observe someone standing in line ahead of you exposing a semi hidden firearm.

  8. #53
    Senior Member Array Fragman's Avatar
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    Texas does not have open carry. I have however, seen it three times. No LEO ID was visible, and, qute frankly, they did not look like cops either. Still, no-one raised an eybrow. Simply because that although they wrre open carrying, it did not look out of place. My thought was that it was either an LEO who forgot to place his badge on his belt or hang around his neck (even if I thought they didnt look 'cop'), or in the case of one of them, they were from across the state line and did not realize that TX prohibits OC.

    Point being, No-one called them in. No-one raised an eyebrow. So, chances are, if you accidentally display, and make as if it is no big deal at all, then nothing will happen. At least in Texas!

  9. #54
    Distinguished Member Array Jason Storm's Avatar
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    May 2010
    Some states consider exposing a CC handgun as brandishing, a serious offense that can revoke your CC permit. So, be very careful about exposing it when doing some tasks and be aware of the drawbacks of your carry method that exposes your CC handgun.

  10. #55
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    Quote Originally Posted by tomtsr View Post
    I know this gets old but it depends on your location.

    In Colorado, open carry is legal with the exception of a couple of locations so it may not be a big deal. In FL or Texas where open carry is not, it could be a real big deal. I have read of people getting harassed by LEOs and such. I have not had that experience personally.

    The other thing you have to consider is some anti gunner going ballistic at the sight of a gun. I was at an outlet store and someone was OC and this lady went nuts. The cops had to tell her to chill out as it was legal. One reason I personally don't OC.
    ^^^^^^^^^In TX it could be a problem, incumbent on the responding LEO,^^^^^^^^^

    and how they view CC and permitholders.

    Quote Originally Posted by Hopyard View Post
    Since you are using TX as your location, the TX law is a prohibition against intentional display. So, let's say someone called a man with a gun call, the results would depend first on whether or not the initial investigator thought happened; intentional v unintentional. In your first example, I guess the answer is it would really depend on the LEO, because he's the first one in a position to call it either way.

    The answer is different in other states.

    ^^^^^^Hopyard is, I believe^^^^^^^^^

    Hitting this nail on the head, inso far as TX would be concerned.

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