[21bubba]

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]

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]

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]

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]

Who's impression?

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]

 

[21bubba]

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]

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]

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

 

[jem102]

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

 

[OldLincoln]

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?

 

[puncho]

Depends on the LEO or situation on the accidental OC.

 

[Miggy]

 

[Mags]

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?

 

[Bunny]

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.

 

[Jerseyguy]

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.

 

[sigpack]

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.

 

[Mountaineer]

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/

 

[Mountaineer]

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.

 

[Dal1Celt]

Miggy,

That's a good one. Is that a recent or older portrait?

 

[Rob P.]

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?