Is this concealed or open carry?

Is this concealed or open carry?

This is a discussion on Is this concealed or open carry? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The Michigan Coalition for Responsible Gun Owners posted this photo on their Facebook Page. LINK They also included the question "Is this open carry or ...

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Thread: Is this concealed or open carry?

  1. #1
    Member Array MJClark's Avatar
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    Is this concealed or open carry?

    The Michigan Coalition for Responsible Gun Owners posted this photo on their Facebook Page. LINK



    They also included the question "Is this open carry or concealed carry?

    In Michigan, it appears to be a grey area and there does not appear to be a consensus among gun owners or lawyers.


    The reason for the question is in MI, a person can open carry in many/most pistol free zones (PFZ) if they have their concealed pistol licence. (CPL) However, non CPL members can not open carry in a PFZ. Yes, it is a loophole for right now... almost got fixed last year but was part of a larger gun bill that was vetoed a few days after the Sandy hook shooting.

    For many of us with an IWB holster, it would only require changing the way we tuck in our shirt to go from concealed to open.


  2. #2
    Member Array floggindave's Avatar
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    my train of thought is that if you can intentionally see it, its OC.

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    Quote Originally Posted by floggindave View Post
    my train of thought is that if you can intentionally see it, its OC.
    Fully agree!!!!!!
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    As represented, I would classify that as OC. But throw on a jacket or cover garment, it becomes CC, right?
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    IMO its OC...
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    Member Array GSDSchutzhund's Avatar
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    I think it would blatantly be open carry. Theres no attempt made to conceal the handgun at all. I could understand the argument "I bent over to pick something up and my gun became momentarily exposed" but the shirt is purposfully tucked in, thus exposing the firearm.

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    VIP Member Array livewire's Avatar
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    Is it open carry? Well, to answer that question, answer this one: Can you tell without looking closely that it's a gun?
    84160 and carracer like this.
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    Can't say for Michigan, but in VA it would be considered OC.

    I don't see how it could be considered CC. It is plainly visible and there is no doubt as to what it is. Does MI say it must be fully visible to be considered OC? If so then the only way to OC would be to carry it in your hand, or have a clear plastic OWB holster.
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    GH
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    Open carry. The only thing different is a portion of the holster is concealed, the same portion that covers the firearm in any case. Exactly the same exposure of the pistol itself would take place with an OWB holster.
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    My thought is that the same amount of the gun would be exposed regardless if it was an OWB or an IWB holster. The only thing that might be concealed here is the holster... not the gun.

    (GH beat me to posting the same conclusion... by 60 seconds...)

  11. #11
    VIP Member Array livewire's Avatar
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    Just food for thought... looking for every little loophole to exploit in our carry patterns doesn't help the cause. All it does is draw attention to things so they can be closed up later.
    KLR2007 and Fausty like this.
    There are four boxes to be used in the defense of liberty: soap - ballot - jury - ammo

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    Nevada law:

    NRS: CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTH AND SAFETY
    NRS 202.3653  Definitions.  As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:
    1.  “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

    IANAL, but it seems clear to me.

    Ken
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    Quote Originally Posted by livewire View Post
    Just food for thought... looking for every little loophole to exploit in our carry patterns doesn't help the cause. All it does is draw attention to things so they can be closed up later.
    In someways I agree, and yet disagree. I personally believe that there should be clarity in the regulations to prevent harassment by LEO's who simply don't understand the regulations because they are not clear.

    A great example was a person who had a CPL, and open carried in a school when he went to vote one day. The police were called, showed up, and talked with him about it. Although they realized that it was within his rights to carry and did not arrest him, they did give him a hard time about it. All of that would have been cleaned up if the Governor signed the bill last fall which would have prohibited OC in PFZ, but would have permitted CC if a person had an advanced level of training. All of my teacher friends where thrilled that it was vetoed, until they learned of the loophole.

    Being educated fully on a matter is always better than being naive.

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    Distinguished Member Array dben002's Avatar
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    Yes you can most assuredly tell that that is a handgun as opposed to a broken hockey stick..and yes it is open to view and not concealed in any fashion what so ever...saying that weapon is concealed would be like wearing a jock strap with a hole in the center for your doodle to hang out and then try to say it's not indecent exposure.
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    There are two types of people who carry concealed weapons...Responsible ones and Irresponsible ones...which are you...

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    I see the gun; it's open carry. No ifs, ands, or buts. Why would this even be a question?
    carracer, Fausty, Lish and 2 others like this.
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