What occurs when a concealed gun is accidentally seen? - Page 3
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Thread: What occurs when a concealed gun is accidentally seen?

  1. I was thinking that in a state which allowed open carry, but not "loaded carry" having a CCW permit allowed it to be carried "concealed" but also loaded. It makes little sense to me to carry an unloaded open carry gun. Cause, if it is needed, the situation may not allow one to go about loading it.

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  3. #22
    Join Date
    Feb 2011
    Location
    Omaha, Nebraska
    Posts
    211
    I live in Nebraska, an open carry state. If you have a CHP and the weapon prints or is exposed, you are simply open carrying. Branishing must include malicious intent.

  4. #23
    JSDinTexas Guest
    You don't mention what state your in but here is TX law on the matter:

    Govt Code 411.171. DEFINITIONS.
    (3) "Concealed handgun" means a handgun, the presence of
    which is not openly discernible to the ordinary observation of a reasonable
    person.
    Penal Code 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
    HOLDER. (a) A license holder commits an offense if the license
    holder carries a handgun on or about the license holder's person
    under the authority of Subchapter H, Chapter 411 , Government Code,
    and intentionally fails to conceal the handgun.

    The operative word in PC 46 is "intentionally" but probably, intentional or not, some folk seeing it would kick up a fuss. I am very careful about it.

  5. some info for the tuna guy.....

    hey tuna! why no carry in calif?? you in a prohibited county or city?? anyways under calif d.o.j. law, brandishing is a deliberate showing of a weapon to intimadate another through the physical showing of a prohibited weapon, so your shirt blows up or you bend over and it pops out, would not be concidered brandishing of a weapon under calif statues but may get you a visit from the local p.d. or s.o. if someone freaks out,to insure your legal possession of a concealed weapon and a scolding for not using a better concealment method, but no penalties..only the permit issueing dept, (that issued) your permit can revoke it or slap your hand with official warnings for accidental unconcealment or what we term as involuntary showing of a concealment weapon.. printing is not concerdered a brandishment or a unconcealment, any device such as a cell phone, pager, diabetic insuline pump,ect,ect,ect. can be under a shirt and not a weapon at all, so concealment is just that!! a reasonable cover up, not a disquise of a concealed weapon.. hope this information is help ful, also for more info go to,,,, calif concealed carry assoc....
    Last edited by pfflyer; 03-04-2011 at 10:27 PM. Reason: punctuation
    1 ~ MAN ARMY....

  6. Being in San Diego, Calif. means you have to be either the Sheriffs relative or have a business or handling valuable items to get a Calif. CCW. Gun store owners, jewelry store owners, security guys, etc. I don't know anyone that is not like that, having a San Diego, CCW permit. It is just the way it is here.

  7. B2Tall (and any other FL residents) - Sorry for the delayed comment, but contact your state legislators (assuming you haven't already) regarding SB 234/HB 517. SB 234 will come up in committee next week.

  8. #27
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Hey Y'all and Hubs: When I read the SC Code of Law and read the definition of brandishing, it is clear to me that it is meant to be the overt act of "waving" the firearm or "pointing" the firearm and has nothing to do with a gust of wind and a loose shirt. Sure this can cause concern among the anti-gun, know it all, hysterical people, but, and I stand corrected if I am wrong, this is not what brandishing is all about. Any LEO or any judge can sure as heck make their own interpretation and that really is the bottom line, but saying that inadvertent brief exposure is considered brandishing is ridiculous.

  9. #28
    Join Date
    Apr 2008
    Location
    Western Washington
    Posts
    94
    In Washington State if your weapon is exposed you are Open Carrying. We don't have a brandishing law on the books but we do have
    RCW 9.41.270 -
    in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

  10. #29
    @ BlakieChan, thanks for the laugh! is it a tall or short top hat? gun pointed up or down or front or back?
    Last edited by Seeya; 03-07-2011 at 08:47 AM. Reason: would like to make comments to each post without having to read thru every post to see other comments. I forgot to put who my comment was for.

  11. #30
    Join Date
    Jan 2009
    Location
    Manchester State Forest, SC
    Posts
    376
    Quote Originally Posted by Hubs View Post
    In SC, you would be arrested for "brandishing". Concealed is concealed. Only the dopes would call for "a man with a gun" unless he were a LEO.
    Well, no. Not quite. You may want to check a dictionary for the definition of brandish.

    1. To wave or flourish (a weapon, for example) menacingly.
    2. To display ostentatiously.
    In South Carolina, if your sidearm is accidentally exposed it is not brandishing and is not against the law. 23-31-210(6) specifically states;

    "Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.

    The key words here are "hidden from public view in normal wear of clothing". If you're walking your dog and the wind blows up your cover garment or if you reach up for something on the top shelf at the grocery store and your sidearm is revealed, that is not brandishing so there is no foul. However, if you intentionally pull back your cover garment to display your weapon that could be considered brandishing. Intent is a factor.

    S.C. Code of Laws Title 23 Chapter 31 Firearms - www.scstatehouse.gov-LPITS

    I hope all firearm owners in South Carolina will take the opportunity to familiarize themselves with state laws and not rely on what they heard somewhere.
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

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