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Discussion Starter · #1 ·
During a discussion tonight with some friends, someone mentioned that if you expose your gun (either accidentally or the decision to open carry) and have a CC permit, you are breaking the law.

Is this true?
 

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depends on your local laws. In Florida if you accidentally expose your weapon or print as long as you correct as soon as you figure it out and as quickly as possible your ok but i cant speak for colorado. like i said it has to do with your states laws.
 

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I am sure it depends on the state laws. In my state we have open carry so "exposing" would be legal and with the CCW concealed would be legal. I am sure I wouldn't want to accidently expose my CCW since most people would call 911.....
 

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Open carry in Colorado (most of it, anyways) is legal (until the liberals strip us of that too). If you're CCing and accidently expose your gun, your ok most places. Surely not in the Republik of Breckenridge and other liberal strongholds. Unsure about Denver - I avoid that place like the plague it is. State law says you're ok - check Denver law, tho.
 

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It depends on the laws in your area. Here in Virginia open carry is perfectly legal with or without a CHP. You don't even have to be a resident to open carry. You can even get a Non-resident CHP here. If a local cop wants to argue the point my attorneys will be more than happy to change hs finances.
 

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Discussion Starter · #6 ·
He understood it as "once you acquired a CC permit, you could not legally OC any more".
That didn't sound right to me. I also see nowhere that it says or even implies that.
Obviously in places that it is illegal to OC, if accidentally exposing, you would want to conceal as quick as possible. I'm sure that if you were not attempting to conceal effectively, you could be held legally responsible in those locations. (Denver and Breckenridge)
 

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Colorado has open carry except for the city of Denver, from my understanding. So in Denver, if you accidentally let your concealed handgun show, they like to label it as brandishing a firearm.

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During a discussion tonight with some friends, someone mentioned that if you expose your gun (either accidentally or the decision to open carry) and have a CC permit, you are breaking the law.
As others have pointed out, state laws vary.

In a state that doesn't criminalize visibility of a firearm (ie, "printing" unintentionally), then you should be okay.

In a state where the CHL authorizes concealment only, you'll need to follow that.

As for the question of purposely displaying a weapon, that falls into the brandishing/menacing statutes related to both use-of-force as well as public safety (ie, GATTTOTP type statutes). That's something else, and often a pretty tangled web of subjective inferences that have zero to do with the person's actual behavior at the time.
 

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He understood it as "once you acquired a CC permit, you could not legally OC any more".
That didn't sound right to me. I also see nowhere that it says or even implies that.
Obviously in places that it is illegal to OC, if accidentally exposing, you would want to conceal as quick as possible. I'm sure that if you were not attempting to conceal effectively, you could be held legally responsible in those locations. (Denver and Breckenridge)
Ask your friend to point to the CO state code or case law that affirms this. As previous posters said, your friend is wrong.

In VA, you can CC with a permit, or OC (even without a permit)....both are legal, as there is no law prohibiting OC without a permit, nor is there a prohibition against OCing WITH a CC permit (called a Concealed Handgun Permit, CHP).
 
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Ah yes, the lovely GATTOP statues (Going Armed to the Terror of the Public). We recently had some issues with that here in NC, as it threatens our right to OC (I say right because it's part of 2A and I feel no state should have laws against it, but alas).

We did have this little gem recently though:

It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use a gun of some sort. But we do not feel the force of this criticism. A gun is an "unusual weapon," wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements--as a part of his dress--and never, we trust, will the day come when any deadly weapon will be worn or wielded in our peace-loving and law-abiding State, as an appendage of manly equipment. But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.
State (NC) v. Huntley

Not sure how much this ruling affects the rest of the country, but it was relieving for OC here.
 

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In Texas, the "reveal" must be intentional. Otherwise, correct the problem and move on.
 

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Depends on the State laws. In Florida we tried for an open carry law but ended up with a law that says any brief (not defined) exposure of a concealed weapon in a non threatening or reckless manner is legal. It was passed to protect against things like the wind blowing open your jacket or other covering garment and also unholstering to lock up in car gun safe, etc.. However, we still have people arrested for stuff like their untucked shirt getting caught behind the holster and walking down the street with your gun exposed, etc.. So it depends on State law and you are better off asking law specific questions on local State gun forums.
 

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depends on your local laws. In Florida if you accidentally expose your weapon or print as long as you correct as soon as you figure it out and as quickly as possible your ok but i cant speak for colorado. like i said it has to do with your states laws.
Don't quote or imply what isn't in the statutes. Here's what FL statute says as to exposed CCW:

It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

Nothing is said about printing (never has been) and nothing about "figure it out and as quickly as possible." To be a viloation it has to be "intentionally displayed in an angry or threatening manner, not in necessary self-defense."
 

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The advice given previously is sound - know your state and local laws and follow them. The definition of 'brandish' is to 'wave or flourish (something, esp. a weapon) as a threat or in anger or excitement.'

Accidental exposure of your gun is not considered brandishing by the dictionary, but the dictionary will not prevent you from being arrested and it certainly won't defend you in court.
 
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