Open carry - concealed carry

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; I live in ky., and ihave a ccw permit. Ky. allows open carry. My question is, if i'm c.c. and accidently show my gun does ...

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    Distinguished Member Array 21bubba's Avatar
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    Open carry - concealed carry

    I live in ky., and ihave a ccw permit. Ky. allows open carry. My question is, if i'm c.c. and accidently show my gun does the open carry part come to my rescue?


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    Not really familiar with KY laws, but VA is also a CC/OC state. To my knowledge the only problem here would be your weapon concealed in a location that OC is required (establishments that sale alcohol for consumption on premise).

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    Member Array BaserRonin's Avatar
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    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.

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    Basically, if you're in a place that OC is OK, and you are CC (and that's legal, also)...then a modest conversion from CC to OC would seem to be fine. If the wind blew up your shirt...no problem. Is that what your were referring to?
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    Who's impression?

    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.
    Again INAL and do not know Ky law.

    I hope your law doesn't leave it up the the viewpoint of a single someone and their impression -- hoplophobes viewpoint trumping common sense.

    Here in Virginia, we have a reasonable person sort of law:

    18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm. [emphasize added]
    Last edited by DaveH; August 14th, 2009 at 11:20 PM. Reason: fixing formating
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    Distinguished Member Array 21bubba's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Basically, if you're in a place that OC is OK, and you are CC (and that's legal, also)...then a modest conversion from CC to OC would seem to be fine. If the wind blew up your shirt...no problem. Is that what your were referring to?
    Just on occasion my cover garment gets pulled above my weapon then gets tangled between the gun/holster and me. No big deal to fix, but it still briefly exposes the gun.

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    Member Array JohnD13's Avatar
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    Living in NY makes it easy, carry concealed is the law. I don't even consider open carry when I travel where it is legal and I'm licensed. I done it so long I don't think I would be comfortable with open carry. Just what you're used to I guess.

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    Distinguished Member Array 21bubba's Avatar
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    Thanks for the input, didn't want to start a debate, just needed info.

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    Senior Member Array jem102's Avatar
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    In TN the law was written as a Hand Gun Carry permit so accidental exposure is not a problem

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    Member Array OldLincoln's Avatar
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    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?

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    Senior Member Array puncho's Avatar
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    Depends on the LEO or situation on the accidental OC.

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    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?

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    Distinguished Member Array Bunny's Avatar
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    I don't know about your specifics, but here in NC, we have OC/CC. There are certain places you may OC but NOT CC (police station, bank, etc) and certain places that you can't carry any firearms at all. I guess it depends where you are when you accidentally "flash" folks :)

    My advice? Call up your CCW instructor and ask for the specifics, or see if they have an extra "State Laws Cheat Sheet" for you.
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    Carrying openly or concealed has zero to do with intent, is what I have read. If you are reqd to carry concealed, as under HR 218-LEOSA or a permit, and you accidentally OC, you could be arrested and vice versa, but of course this depends upon the law of the jurisdiction you are in at the time.
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