Open carry - concealed carry

21bubba · August 14th, 2009, 06:06 PM

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?

archer51 · August 14th, 2009, 06:11 PM

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).

BaserRonin · August 14th, 2009, 07:15 PM

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.

retsupt99 · August 14th, 2009, 10:58 PM

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?

DaveH · August 14th, 2009, 11:18 PM

Quote:

Originally Posted by BaserRonin

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:

Quote:

§ 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]

21bubba · August 15th, 2009, 11:18 AM

Quote:

Originally Posted by retsupt99

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.

JohnD13 · August 15th, 2009, 11:37 AM

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.

21bubba · August 15th, 2009, 12:29 PM

Thanks for the input, didn't want to start a debate, just needed info.

jem102 · August 16th, 2009, 10:26 AM

In TN the law was written as a Hand Gun Carry permit so accidental exposure is not a problem

OldLincoln · August 20th, 2009, 07:37 PM

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?

August 14th, 2009, 06:06 PM	#1
21bubba Member Join Date: Jun 2009 Location: ky. Posts: 89	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?

August 14th, 2009, 10:58 PM	#4
retsupt99 VIP Member Join Date: Jul 2006 Location: Central Florida Posts: 22,720	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? __________________ "That I cannot do." "Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks." *********************************** NRA Life Member

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August 14th, 2009, 06:11 PM	#2
archer51 VIP Member Join Date: Nov 2007 Location: VA Posts: 6,286	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).

August 14th, 2009, 07:15 PM	#3
BaserRonin Member Join Date: May 2009 Location: Colorado Posts: 275	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.

August 15th, 2009, 11:37 AM	#7
JohnD13 Member Join Date: Jul 2009 Location: Castleton on Hudson, NY Posts: 108	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.

August 15th, 2009, 12:29 PM	#8
21bubba Member Join Date: Jun 2009 Location: ky. Posts: 89	Thanks for the input, didn't want to start a debate, just needed info.

August 16th, 2009, 10:26 AM	#9
jem102 Member Join Date: Sep 2007 Location: Jefferson County TN Posts: 144	In TN the law was written as a Hand Gun Carry permit so accidental exposure is not a problem

August 20th, 2009, 07:37 PM	#10
OldLincoln New Member Join Date: Aug 2009 Location: West Coast Posts: 7	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?