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Question for concealed carry folks.

7K views 40 replies 33 participants last post by  txshurricane 
#1 ·
Alright, i live in IL where there is no concealed carry for any civilians, only off duty law enforcement. Because a bunch of misled folks in cook county (by far the biggest population county in the state) beleive that guns are the cause for all of the gang violence in the chicago area, so they think more guns = more violence. Anyhow, the question is if you are carrying a concealed weapon, what, if any legal issues are there if your gun accidently becomes unconceal. Ex: you reach up for something at wally world and your shirt lifts up enough to see your gun.
 
#2 ·
Here in Maine nothing happens because we are an open carry state, in states where its 'Non-permissive' to open carry then im sure its ok as long as its only for a few seconds. In 'license to open carry' states I would think that you are allowed to open carry and conceal carry if you have a conceal carry license.

If im wrong someone please correct me though...
 
#8 ·
Here in GA we are open/concealed. Cops can't do a thing unless you point it at someone. But I always make sure I am not printing, for courtesy's sake. :)



 
#11 ·
In PA, open carry is legal (with no license required, in most cases), so accidental display shouldn't be a problem. However, some LEOs take it upon themselves to discourage OC, and some wrongly claim that OC is no longer allowed once you have a license to carry. :huh:
 
#12 ·
Here in Texas printing is NOT illegal as long as you have made a "reasonable" effort to conceal it. The officer I talked to said as long as it is in the holster and you are not using it to threaten or intimidate someone they would just tell you to try to be more careful.
 
#14 ·
In Virginia open carry is permitted without a permit. But concealed still makes a lot of sense to avoid needless alarm by observing citizens that call the police claiming gunmen are running around their neighborhood, and to avoid false accusations by angry people saying you pointed the gun at them. But I am not too concerned
in my state about an inadvertent and limited exposure of a concealed weapon.
 
#15 ·
Peek

Yeah, let's be reasonable here. I hear this concern a lot from people new to carrying. Unless you are showing it to someone, it falls out of your holster or you are not making a reasonable effort to conceal it, I really doubt you will have a problem with the law. Reaching up for something and showing...most people who would possibly notice would likely assume you were law enforcement or would not want to make a stink. More likely, they would not be sure what they saw unless they were LE or a fellow gun person. Just take care to cover your gun, get a good retention holster and belt, and more likely than not, you will never have a problem. Even if you do get stopped by LE because you're printing, they would likely be sympathetic since they are also gun people. Again, as long as you were not being threatening, obnoxious or irresponsible.
 
#16 ·
In Minnesota our's is called a State of Minnesota Permit to Carry a Pistol and we can carry open or concealed anywhere that carry is legal.
 
#18 ·
I don't know the lawa in IL...but let me get this straight...the person doesn't have a CCW permit in a city/state/county that doesn't allow any CCW except for Law Enforcement...and this person is carrying concealed.

Well right off that's a crime. Probably more of a penalty that open carry and or brandishing.

I'm no lawyer and as I said I don't know the laws in IL...but I was a Deputy here is Cali for 25 years and I think you may be on the wrong side of that law...regardless of how I or anyone feels about it.

Ken
 
#26 · (Edited)
***Taken from VA Gun law
In Virginia and most states "Brandishing" is defined as: It shall be unlawful for any person to point, hold or brandish any firearm 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.

I don't believe that accidental exposure can be subject to a penalty.

But if you're caught concealing a gun were should not be, the law enforcement agencies and system of justice will throw the book on you with all their might.
 
#33 ·
RE: Question for concealed carry folks

In NC you must keep it "hidden"; but a few counties allow open carry, not sure what means when you have a CCW, just depends on if you in a "really" conservative area.

Jim
In NC we are allowed to open carry, we can't conceal without permit. Would I recommend walking around the street open carry, probably not but technically you are allowed to, thank you 2nd amendment.

As far as an accidental exposure of your concealed gun, it would be considered brandishing. If you were doing it to intimidate it would be brandishing with intent.

Having a concealed carry permit, you are held to a higher standard. There would be the expectation you will ensure at no time the weapon becomes exposed and you are aware of all the locations in which having the weapon is restricted.

With that said, in the event yours does become exposed it will, in most cases, be up to the officer to determine the severity of the situation. I am sure if you are honest, relaxed, and not a general DB you will probably be simply reminded of your duty as a permit holder. If you take the road of being a jerk or rude you will probably be charged.

Would be best to take the time to get completely familiar with your carry selection, including the gun, holster, and any accessories you plan to have with you. Take the time to know what it takes to expose and be aware of your surroundings. If you know reaching that top shelf will leave you in a precarious situation either ask for someone to get the product for you, nothing bad about asking for help, or be aware of those around you. Be swift and don't draw any attention... Most people will not even notice or as previous posters have stated most will assume you are LEO.
 
#24 ·
I think the OP meant that in the states where there is concealed carry (some are open carry and Illinois remains the only which does not allow any carry except for those currently authorized...

We'll get it in Illinois...the Law Enforcement community has little opposition (there will be a learning curve) to it and those that are still against it (inside but mostly outside that community) don't have a valid argument against it...just fear...

...soon in Illinois...soon...

Bill
 
#25 ·
At the moment, you're looking at the possibly of a felony pinch and prosecution for UUW, unlawful use of weapon. I know your post didn't mention use, but that's how it's charged.

If the arrest is made, how it gets handled by the state's attorney's office may vary by location.
 
#27 ·
point, hold or brandish, "in such manner as to reasonably induce fear in the mind of another".

in az that can be done to defuse a dangerous situation by exposing the firearm and/or announcing, "i have a firearm" or placing a hand on the grip of the firearm, all spelled
out in:
SEE ITEM #3 of 114 / SB 1243 / §13-421 / Defensive display of firearms protection “Defensive display of a firearm” means:
1 – Verbally telling someone that you have a firearm or can get one;
2 – Exposing or displaying a gun in a way that a reasonable person would understand means you can protect yourself against illegal physical or deadly physical force;
3 – Placing your hand on a firearm while it is in your pocket, purse or other means of containment or transport.
Defensive display is justified when and to the extent a reasonable person would believe physical force is immediately necessary to protect yourself against another person’s use or attempted use of unlawful physical or deadly physical force. A defensive display is not required before using or threatening physical force, in a situation where you would be justified in using or threatening physical force.
Defensive display is not justified if you intentionally provoke the other person, or if you use a firearm in the commission of a serious offense or violent crime (defined in §13-706 and §13-901.3).
This important new law clarifies that a proper defensive reach for or announcement of firearm possession is an acceptable element in the continuum of self defense, and should not be charged as a crime. Improper display of a firearm can be anything from a class 1 misdemeanor (e.g., disorderly conduct) to a class 3 felony (e.g., aggravated assault). It also helps balance out the problematic and arbitrary “threatening exhibition” of a gun allegation that prosecutors can make in charging a felony as a “dangerous offense” (§13-702 and 704). The threat of this extra charge can be used to coerce a plea agreement, and now this is balanced with a specified stipulation of proper display of a gun without firing at a potential assailant.
 
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