Open carry - concealed carry

This is a discussion on Open carry - concealed carry within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; You should always check the laws yourself and not depend upon forum advice by itself but as I understand it you would be fine in ...

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Thread: Open carry - concealed carry

  1. #16
    Member Array sigpack's Avatar
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    You should always check the laws yourself and not depend upon forum advice by itself but as I understand it you would be fine in Kentucky. And you would not be brandishing since you were not pointing it at someone or waving it about in a threatening manner.

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  3. #17
    Member Array Mountaineer's Avatar
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    Quote Originally Posted by BaserRonin View Post
    The only time this would be a problem is if someone was under the impression you purposfully flashed your weapon at them. Now you are guilty of brandishing and in a world of hurt. Otherwise, if OC is legal, you just went from CC to OC, no problem. Alternatively, the CC is a safety net in case your OC falls underneath your jacket or shirt accidentally.


    Edit: bear in mind I am not familiar with KY laws. I am not a lawyer and don't pretend to be on the internet (or elsewhere). Just speaking generally, and basing that on CO laws.
    Michigan law is pretty clear on what Brandishing is. In a holster, can not be considered brandishing.

    BRANDISHING Opinion No. 7101 February 6, 2002: …In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions…..the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions…the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner." Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a "peace officer," when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code. It is my opinion, therefore, that…by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public.
    from: http : // miopencarry.weebly.com/

  4. #18
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    Quote Originally Posted by Mags View Post
    Good question. I always wondered if i have my firearm in a regukar belt holster under my jacket and the go into a restaurant and remove my jacket to sit down for dinner, am I just going from CC to OC? I wouldnt consider that brandishing but who knows, I'm sure some people might become frightend or concerned. Any feedback on that type of scenerio?
    I don't CC and I'm not lawyer. My research led me to this from http : // miopencarry.weebly.com/

    Added: Which applied to Michigan!

    Opinion No. 7097 January 11, 2002… A person licensed by this state… to carry a concealed weapon….By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly exempts from its prohibition “[a] person licensed by this state or another state to carry a concealed weapon.” Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.

    “Your analysis is correct. Non-CPL pistol free zones do not apply to CPL holders. The CPL pistol free zones only apply to CPL holders carrying a concealed pistol. Therefore, a CPL holder may openly carry a pistol in Michigan's pistol free zones.”
    BOLD added by me.

  5. #19
    VIP Member Array Dal1Celt's Avatar
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    Quote Originally Posted by Miggy View Post
    Miggy,

    That's a good one. Is that a recent or older portrait?
    "Without fear there can be no Courage!"

  6. #20
    Senior Member Array Rob P.'s Avatar
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    Quote Originally Posted by OldLincoln View Post
    I live in CA where OC is illegal except in rural areas, but CC is allowed with permit. It hadn't occurred to me that if my shirt tail comes out and my weapon is inadvertently exposed that I would be violating the law. Can somebody please clarify?
    In a nutshell, IF this happens, and you aren't aware of it, then yes, you are technically guilty of a violation of law. IF you become aware and retuck your shirt, then you are fine.

    I mean, really, sometimes we just overthink things. What prosecutor will try to say you're guilty of OC a loaded firearm when it was the wind blowing your jacket open? What police officer is going to arrest you for it when he didn't see it? And, even if he DID see it, once you show your permit and explain don't you think the LEO is just going to warn you to be more careful?

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