Author Topic: In The Waistband Holster opencarry/concealed. Where is the line?  (Read 3127 times)

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Offline Kusarigama

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If I wear an IWB tucked with the pistol's handle exposed and my shirt tucked in behind the holster does that qualify as opencarry under the law? 

Thanks

stainless1911

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Re: In The Waistband Holster opencarry/concealed. Where is the line?
« Reply #1 on: May 05, 2010, 09:39:40 PM »
Welcome.
If you have a CPL, fine. Without it, dont try it unless you want to be a test case. You ll want a retention holster for open carry. We have discussed this before here, and at OCDO, and the general consensus is that some police and prosecutors would consider it concealed. Its not worth the possible felony, and or lawyer fees to find out.

Offline FatboyCykes

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Re: In The Waistband Holster opencarry/concealed. Where is the line?
« Reply #2 on: May 05, 2010, 09:40:24 PM »
There is no clear "law" so to speak on what constitutes open carry.  There is an AGO, that states that as long as the pistol is clearly recognizable by the average/common person, then it is OC.  However as there is no clear case law in this particular situation, MOC does NOT encourage IWB tucked shirt for OC.

stainless1911

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Re: In The Waistband Holster opencarry/concealed. Where is the line?
« Reply #3 on: May 05, 2010, 09:43:02 PM »
AGO= attorney generals opinion BTW

Offline Bronson

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Re: In The Waistband Holster opencarry/concealed. Where is the line?
« Reply #4 on: May 06, 2010, 01:56:52 AM »
As has been said it is typically not recommended.  There are officers and prosecutors out there who would consider it concealed.  This could get you into trouble if you think it's open because you could be carrying into the concealed carry pistol free zones because you feel it is open carry but they will consider it concealed carry in a concealed carry PFZ which could cost you $500 and a six month CPL suspension.

If you are going to carry the gun openly then carry it fully in the open.  Do not exist in the grey areas of the law for "there be dragons."

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline northofnowhere

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Re: In The Waistband Holster opencarry/concealed. Where is the line?
« Reply #5 on: May 06, 2010, 09:40:30 AM »
Everyones giving you good advice, listen and heed.  While we are all common, reasonable, and normal folks and we all agree that that type of carry is clearly "open" and unconcealed, those against firearms will exploit the pistol/holster being partially concealed and take you to the mat on it.  Just isn't worth the timeand money and risk in my eyes.  I don't even feel its a grey area at all, unfortunately anti-gun folks find new grey area's every chance they can.
Jason E. Reese aka northofnowher

Offline Kusarigama

  • Posts: 3
Re: In The Waistband Holster opencarry/concealed. Where is the line?
« Reply #6 on: May 07, 2010, 07:53:46 PM »
Thank you for the responses. I will resort to wearing the IWB in the 3 oclock position outside of my pants behind my belt until I can get another holster.

Offline ocdetroit

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Re: In The Waistband Holster opencarry/concealed. Where is the line?
« Reply #7 on: May 08, 2010, 05:53:22 PM »
I was the one who said i got stopped by leo wearing a iwb. the leo said just in case next time wear a retenstion hoster. I got a blackhawk serpa. For my glock 19 and i love it. Carry on.
Open carry in Detroit
With both of them.