Open Carry Defined

[sixgundunn]

In Louisiana, would it be considered open xarry for tge grip of a pistol to be exposed with a clip on pocket hokster? Sorry od this topic has recently been covered.

 

[Nathan Hale]

"Open carry" is referred to as "plain view" in Louisiana court cases.
The best thing to do is read the cases if you want to get a feel for what constitutes plain view, i.e. open carry.

 

[sixgundunn]

Thanks Nathan. I'll do some legal research. I was trying to elicit some personal experience of the forum members. experiences.

 

[alpinehyperlite]

"Open carry" is referred to as "plain view" in Louisiana court cases.
The best thing to do is read the cases if you want to get a feel for what constitutes plain view, i.e. open carry.

In my personal opinion, if I cannot tell that it is a gun at first glance, it is concealed.

 

[sportsbud]

It is going to depend on the officer, some officers will think it is, but some will think it is concealed. So it can be hit or miss... Just slap a big ole' mares leg on and your good.

 

[DAVE_M]

If you mean something like this, it's not meant for open carry. Open carry IS open carry. Put your gun in a solid OWB holster.

 

[geoney]

IWB carry in most cases would still be open carry.

 

[DAVE_M]

IWB carry in most cases would still be open carry.

Yes, but if you are going to Open carry, IMO it should be clearly visible. Tucking your shirt in while Mexican Carrying a pocket gun is not the best choice for open carry.

 

[geoney]

Yes, but if you are going to Open carry, IMO it should be clearly visible. Tucking your shirt in while Mexican Carrying a pocket gun is not the best choice for open carry.

Open carry is often not the best choice....

 

[XD-GEM]

Intent is going to be a critical factor if you ever go to trial for something like this, right? So what is the intent of using a pocket holster? Juries can be so darn unpredictable.

If you're going to OC, then get a good retention holster. If you're going to CC, then try not to let your slip show because it scares people silly sometimes.

It might help to review State v. Fluker, but since I am not a lawyer, what do I know anyway?

 

[DAVE_M]

Open carry is often not the best choice....

No sh**, but that's what we're discussing here...

 

[AustinBR]

In Louisiana, would it be considered open xarry for tge grip of a pistol to be exposed with a clip on pocket hokster? Sorry od this topic has recently been covered.

I'm going to go out on a limb and say if I were on a jury I would flat out say no.

 

[geoney]

I'm going to go out on a limb and say if I were on a jury I would flat out say no.

Why not?

 

[SpeedRacer]

It's a grey area, and one I wouldn't personally want to mess around with. The argument of "the same amount of the gun is obscured by the holster" doesn't hold up in my opinion, as a holster itself isn't really concealing a weapon, just retaining it while still being pretty obvious what it is. But sticking it in your pants or pocket is concealing over half of the gun and holster. Not what I'd consider plain view, and not something I'd want to leave up to officer/judge discretion.

 

[991GT3]

If I were on a jury I'd vote in the manner that supports the Second Amendment. Carrying IWB or AIWB would be fine.

Of course, I wholly do not expect the interpretation of the law to be so "passionate" about the Bill of Rights.




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"One cannot awaken a man who pretends to be asleep."

 

[323MAR]

This reminds me of a time years ago when the Chief of a very small State Civil Service PD(I will not say) was in casual attire and carrying a Raven .25ACP in an IWB(left hand) clipped to his belt outside the pants with his badge next to it.

 

[olivs260]

If it's visible at all, I'd think it would be considered open carry. But yeah, that's not something I would take chances with. Not worth the risk. Just go with either open, or concealed; don't toe the line.

 

[XD-GEM]

If it's visible at all, I'd think it would be considered open carry.

That is essentially the ruling in State v. Ferrand that I referenced above.

 

[evidrine]

If you carry partially concealed you can and will get in trouble for it. Especially if you don't have a permit to conceal. like most of you I don't necessarily agree with this but it is the way it is. Choose one or the other. Don't chance the headache.

 

[323MAR]

If anyone wants to try this and become a test case, then "Be our guest, be our guest.......!"