Author Topic: OC at destination after transporting  (Read 5954 times)

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Offline ZJJustin

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OC at destination after transporting
« on: May 12, 2012, 01:08:05 PM »
I see this has been touched on in another thread but not definatively answered.    Lets say an individual legally transports his firearm to a destination, such as a public park or other area it's legal to OC.  Following the protocol I read in the other thread, the person will remove the pistol case and case with the loaded magazine from the vehicle such that they cannot be considered concealed within the vehicle.  They insert  the magazine into the pistol and then insert the pistol into the empty holster which was fastened to the belt before leaving ones house.  This is the way I've seen it explained.  Open carry is not brandishing a weapon.  But it seems to me that standing in a parking lot with other people and their children milling around you watching you load your pistol, chamber a round, and holster the pistol comes dangerously close to what one would call brandishing.    I'm sure members are going to be inclined to do what happened in the other thread, detailing the procees they use (as I've done here) and suggest that all should be fine.  But I'm curious as to whether or not there is case low or court opinion that makes it clear beyond a shadow of a doubt that loading a firearm in this manner for lawful OC is legal and not brandishing. Lets go even further, lets not limit it to "brandishing" and ask if there are other ways of construing this procedure to be unlawful?

Offline ZJJustin

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Re: OC at destination after transporting
« Reply #1 on: May 12, 2012, 01:10:04 PM »
Lets not consider liquor license issues and assume no cpl.

Offline CV67PAT

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Re: OC at destination after transporting
« Reply #2 on: May 12, 2012, 08:54:50 PM »
What is your understanding of brandishing?

The act itself has been discussed ad nauseum. Your understanding of the act, however, might actually answer your own question.
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Offline ZJJustin

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Re: OC at destination after transporting
« Reply #3 on: May 13, 2012, 02:03:31 AM »
So here we are going to use the opinion of the court/AG (can't remember which) that loading and holstering your weapon as described is NOT brandishing as long as the pistol is not being waved around in a careless or malicious manner and that will hold water?

Offline TheQ

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OC at destination after transporting
« Reply #4 on: May 13, 2012, 03:27:56 AM »
Will it hold water? AGOs are not legally binding, if that's what you mean. Our experience has been that you shouldn't have a problem.

I would highly advise you to get your CPL ASAP. It makes life easier.
I Am Not A Lawyer (nor a gunsmith).