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Old July 28, 2008, 05:06 PM   #142
kamerer
Senior Member
 
Join Date: November 28, 2007
Location: Way west
Posts: 481
The principle as to whether it's concealed or open is usually pretty straightforward - is it in plain view without an attempt to hide or shelter it? Sates differ, and some that allow open carry don't even specify what it means. This rule doesn't apply everywhere, but it's a good way to think about a situation. Let's just apply that simple concept:


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If you carry a gun IWB where only the grip is showing, is that still open carry?

You've concsiously decided to use a holster that conceals the majority of the gun AND the holster from view. Hope you have a CC license, and you could get a stern talking or worse for not carrying it concealed. "Concealed means concealed" as some like to quote.

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If you put on a jacket so the gun is still visible from the front but not the side & back, is it still open carry?
Not in plain view; you've concealed it. Have a license.

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If you're wearing a jacket and the bottom of the holster is visible, is it still open carry?
You've concealed the majority of the gun - the bottom of the holster could be a cell phone or other holstered item. Have a license.

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And how could you be arrested for concealed carry w/o a permit in an open carry state if someone spots the gun? If it's seen, doesn't that make it open carry?
Not if you've attempted to conceal it and failed to do so, as you've described. Without a license, that would be illegal concealed carry (in those 48 states that require a license for CC; not all do.) The judge and prosecutor isn't going to care if the gun was spotted - they are going to care if you had it in a belt on your waist in open view vs. some concealed or semi-concealed method of carrying it.

"Plain view" and "concealed" are not terribly confusing terms; just think in those terms. Remember, semi-concealed is not "in plain view." Nor is it really concealed. Choose one mode and use it.
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