Is this open carrying?

[TheLawson]

I know I've read the LA law for what constitutes openly carrying, but I can't find it again. To be clear, I'm talking about IWB with the weapon exposed.

 

[Russo]

looks open to me

 

[Hitman]

According to State vs Fluker "it's visible, therefore it's obviously NOT concealed"

 

[Guate_shooter]

JUst dont wear a jacket or vest ...........................

 

[herohog]

As shown, in Louisiana, yes.

 

[Yrdawg]

There are several AG op's on this. Yes, thats open carry

If you can't find them I think I have one saved somewhere, one was to Westlake La PD, near me.

 

[Slim]

Good to know. I was always under the impression it could not be tucked in your wasteband. Then again I have gotten plenty of bad advice in the past.

Sent from my PC36100 using Tapatalk

 

[jguilletjr]

I know I've read the LA law for what constitutes openly carrying, but I can't find it again. To be clear, I'm talking about IWB with the weapon exposed.

It appears to be open. You can Identify that it is a firearm. I will have to research the wording of the law.

My question is: If you are going to open carry why have it inside your waist band? Might as well let it all hang out then there is no question. Or go ahead and cover it, again no question. Why go half way? I'm not being critical, I just want to understand the logic. Seems like if your intent is to conceal it you might be getting into a grey area (is it concealed or not) which could cause a problem if you don't have a ccw permit.

 

[Hitman]

It appears to be open. You can Identify that it is a firearm. I will have to research the wording of the law.

My question is: If you are going to open carry why have it inside your waist band? Might as well let it all hang out then there is no question. Or go ahead and cover it, again no question. Why go half way? I'm not being critical, I just want to understand the logic. Seems like if your intent is to conceal it you might be getting into a grey area (is it concealed or not) which could cause a problem if you don't have a ccw permit.

This is an OLD dead horse and the Court has already given opinion that if you can see it you're not trying to conceal it therefore it cannot be considered CONCEALED. State vs Fluker, that's where you can start.

 

[t-train]

Funny story. Had a former EBRSO buddy of mine told me that if a gun is laying down on a seat, that the half of the gun touching the seat is concealed and therefore he considered it a crime. I hit him back with; "except that its in your car and thats an extension of your home, so it doesnt really matter." He got in some sort of disciplinary actions or something. not the brightest guy. We dont hangout anymore....

sorry for the thread jack.

 

[jguilletjr]

This is an OLD dead horse and the Court has already given opinion that if you can see it you're not trying to conceal it therefore it cannot be considered CONCEALED. State vs Fluker, that's where you can start.

Thanks for the case. I agree it is not concealed, I just don't get why wear it inside the pants if you are not trying to conceal it? As I stated I just don't follow the logic. Not trying to stir any thing up just curious mostly.

 

[olivs260]

Can you see it? Then how could it be considered concealed?

Thanks for the case. I agree it is not concealed, I just don't get why wear it inside the pants if you are not trying to conceal it? As I stated I just don't follow the logic. Not trying to stir any thing up just curious mostly.

Maybe that's the dude's only holster ATM and he let his CHP lapse? Maybe he wants to run into the bar to meet a friend, so he wants to see if he can tuck his shirt in real quick?

 

[Hitman]

Thanks for the case. I agree it is not concealed, I just don't get why wear it inside the pants if you are not trying to conceal it? As I stated I just don't follow the logic. Not trying to stir any thing up just curious mostly.

Have you ever carried with an OWB or IWB? You should do so in front of a mirror. The pro's/cons of both should be evident after a mirror check.

The OWB has it hanging on the outside of your waist band and can get caught on things throughout the day. I'd venture to say there is also a little less retention value with an OWB holster and yes it is more clearly visible.

OC in an IWB is sleeker and the chances of it getting caught on anything is much slimmer. Again I'd venture to say this method might add some retention value and the firearm and holster is not protruding out from your hip as does when in OWB mode.

 

[Swami]

Had a former EBRSO buddy of mine told me that if a gun is laying down on a seat, that the half of the gun touching the seat is concealed and therefore he considered it a crime.

By this logic the MOON would be considered concealed, because we can't see the other side of it...

 

[charlie12]

Funny story. Had a former EBRSO buddy of mine told me that if a gun is laying down on a seat, that the half of the gun touching the seat is concealed and therefore he considered it a crime. I hit him back with; "except that its in your car and thats an extension of your home, so it doesnt really matter." He got in some sort of disciplinary actions or something. not the brightest guy. We dont hangout anymore....



sorry for the thread jack.

Probably got busted for arresting somebody for something that wasn't illegal.

 

[TheLawson]

Have you ever carried with an OWB or IWB? You should do so in front of a mirror. The pro's/cons of both should be evident after a mirror check.

The OWB has it hanging on the outside of your waist band and can get caught on things throughout the day. I'd venture to say there is also a little less retention value with an OWB holster and yes it is more clearly visible.

OC in an IWB is sleeker and the chances of it getting caught on anything is much slimmer. Again I'd venture to say this method might add some retention value and the firearm and holster is not protruding out from your hip as does when in OWB mode.

Hitman pretty much nailed it. I have an OWB, but the IWB is, IMHO, much more comfortable in addition to not being quite as loud in public. Usually I carry just like this - IWB shirt tucked behind it -but a friend of mine insisted it was not legal... I couldn't imagine it not being, but I figured if there was any greyness to it at all it would be brought to light here. I don't have a CC permit, for a few reasons, but mostly because I don't want to pay for it, I don't want to send my fingerprints in to have them on file, etc, etc.

I understand of course that indavidual run-ins with LEO in real life may varry.

 

[charlie12]

I don't want to send my fingerprints in to have them on file, etc, etc. I understand of course that indavidual run-ins with LEO in real life may varry.

I've had a CHP since LSP started the state wide permit, never worried about my prints since they've had mind since I went in the Army in the early 70's no big deal.

I would say your last picture is pushing it and I wouldn't do it but's that just me. And like you said it's going to depend on the LEO that you come across. Some think a gun in a holster OWB is concealed, good luck with it.

 

[Hitman]

I would say your last picture is pushing it and I wouldn't do it but's that just me. And like you said it's going to depend on the LEO that you come across. Some think a gun in a holster OWB is concealed, good luck with it.

Sadly having to think about an Officer of the Law falsely arresting you under the bunk charge of Illegally Concealing a handgun in which the Officer can OBVIOUSLY SEE IT IN THE FIRST PLACE!!!! is a valid point nonetheless these days but not without retribution

Pushing it? depends on the LEO? Neither of those means squat when it comes to the LAW that has already answered his question.

Of course an LEO could be a jack wagon and stomp all over his State and US Constitutional Rights, rights guaranteed a few times now by court decisions and supreme court interpretation to include this very same situation in 'The State vs Fluker'. However 'IF' that happens it should be followed swiftly with a lawsuit.

Citizens cannot claim ‘Ignorance of the Law’, that should apply ESPECIALLY and more so to Law Officers.

 

[tmlowe]

Of course an LEO could be a jack wagon and stomp all over his State and US Constitutional Rights, rights guaranteed a few times now by court decisions and supreme court interpretation to include this very same situation in 'The State vs Fluker'. However 'IF' that happens it should be followed swiftly with a lawsuit.

Issues like this can get the OP a nice new motorcycle though

 

[jguilletjr]

Sadly having to think about an Officer of the Law falsely arresting you under the bunk charge of Illegally Concealing a handgun in which the Officer can OBVIOUSLY SEE IT IN THE FIRST PLACE!!!! is a valid point nonetheless these days but not without retribution

Pushing it? depends on the LEO? Neither of those means squat when it comes to the LAW that has already answered his question.

Of course an LEO could be a jack wagon and stomp all over his State and US Constitutional Rights, rights guaranteed a few times now by court decisions and supreme court interpretation to include this very same situation in 'The State vs Fluker'. However 'IF' that happens it should be followed swiftly with a lawsuit.

Citizens cannot claim ‘Ignorance of the Law’, that should apply ESPECIALLY and more so to Law Officers.

+1 on that.