Again INAL and do not know Ky law.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.
§ 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]
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.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?
Michigan law is pretty clear on what Brandishing is. In a holster, can not be considered brandishing.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.
from: http : // miopencarry.weebly.com/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.
I don't CC and I'm not lawyer. My research led me to this from http : // miopencarry.weebly.com/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?
BOLD added by me.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.”
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 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?