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Old October 2, 2010, 05:28 AM   #1
therealdeal
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CCW and gun comes into sight by accident

I was wondering, if you are CCW and by coincidence your gun shows by accident, how serious is this?

I'm in Virginia, OC is legal if you can see the front, back, and side of the weapon(not all at same time but like if three people were each at different angles: front, back, + side). I also can CCW in Virginia as I have met the requirements. You know usually it isn't an issue, but sometimes someone will reach up for something at the store and you can see under his shirt. In my case maybe you could see the grip coming out of my pocket just a small tad on a bad day. Is this something you need to be 100% accurate about or live in fear about? I follow the laws to the best of my ability; the last thing I want to do is get in trouble and cause backlash at work as an example.
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Old October 2, 2010, 06:18 AM   #2
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The only time that happened to me is if I wear a heavier/bigger gun, so I carry a light/small pocket gun.

I leave the .500 at home.
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Old October 2, 2010, 06:26 AM   #3
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I am thinking about buying a .500 S&W- guy recommended the 8 3/8" barrel so thats what I'm thinking. I went w/the bigboy .44 henry rifle, so the .500 is on standbuy. I might go w/the model 629 too so as to share ammo w/the bigboy. If I get the .500, I might have to name that badboy
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Old October 2, 2010, 08:56 AM   #4
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I was in the auto parts store the other week and i'm standing behind this guy at the counter and I can't help but notice that he's carrying. He's wearing sweat pants that have pockets on the side and apparently the gun that he is carrying is far too heavy to not be holstered. He is printing like crazy.

I don't think this guy's demonstration of "concealed carry" is on par with the law but in your case, it's different. You are concealed just about 100% of the time ( except when you reach for something) and in the rare case that you do see the firearm its only part of it . . . for a brief second or two. I'm not saying you should break the law. I'm just saying that as long as you make a consious decision about your carrying situation you should be fine.

There will always be people that will stare or freak out when they find out you have a gun on you. I really don't see the point in getting worked up about it. I kinda wish this was an open carry state. I can only imagine what that would do to the crime rate
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Old October 2, 2010, 10:19 AM   #5
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It all depends on who sees it. If some old lady sees it, and p..s her pants, and calls the cops, they are liable to hassle you over it.

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Old October 2, 2010, 10:40 AM   #6
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There is usually case law in individual states regarding this (which means people have been arrested for their gun becoming accidentally unconcealed ). Especially if it's an OC state there should be some history of laws regarding what defines an openly carried firearm.

We had one guy here in MI, was OC'ing (and had a CPL) and was talking to the police, when the officer looked down and noticed his handgun. He was charged with failure to disclose a concealed firearm and his CPL was taken away for like 6 months. Charges were dropped if I remember correctly.
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Old October 2, 2010, 11:04 AM   #7
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Don't worry about it, at least not in Virginia. I have NEVER had anyone, anywhere, anytime say anything (negative)about an openly carried handgun, much less one that I made even a modest attempt to conceal. I have gotten a few questions about what kind of gun I had, how they could get a permit (not needed for OC), and so on, but not often. Go on about your business and don't sweat it.
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Old October 2, 2010, 11:05 AM   #8
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Quote:
Is this something you need to be 100% accurate about or live in fear about? I follow the laws to the best of my ability; the last thing I want to do is get in trouble and cause backlash at work as an example.
In my personal experience the answer to the question is highly situation specific. I saw a guy in a Toys R Us store reach for a toy on a high shelf which exposed his CCW. A lady there used her cell to call 911 and, within minutes, there were cops everywhere. They cited the guy.

In other situations and circumstances I have seen a carrier "made" with no particular consequence. MY advice is to ensure that concealed means concealed and don't allow the issue of "flashing" to raise at all.
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Old October 2, 2010, 11:16 AM   #9
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I'm in Virginia, OC is legal if you can see the front, back, and side of the weapon(not all at same time but like if three people were each at different angles: front, back, + side).

What heck kind of OC law is that??? Your either open carrying or your not. I'm failing to see the problem about the weapon becoming visable for 10 or 15 seconds?

I OC much of the time, and have never had anybody freak out and call the police. I get some looks, but for the most part people don't give it much thought. Hell most people don't even relize I'm carrying a handgun!

I guess I should be happy I live in Pa. Stupid lawsmakers.
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Old October 2, 2010, 01:31 PM   #10
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And then there are those states that don't require that the CCW weapon be concealed. Or define what concealed means.
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Old October 2, 2010, 02:42 PM   #11
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I know here in Idaho its not a huge deal... I would guess it depends on the state and the mood of the law enforcement officers that are called.
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Old October 2, 2010, 03:36 PM   #12
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We have OC here in NC, but from what i understand if someone wanted to make a stink about it you could still get in trouble.
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Old October 2, 2010, 03:38 PM   #13
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I know here in Idaho its not a huge deal... I would guess it depends on the state and the mood of the law enforcement officers that are called.
This is pretty much what my instructor told me here in NC. He pretty much said You Can.........but you cant. lol
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Old October 2, 2010, 05:56 PM   #14
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In OH open carry is legal. If it's hot I take my jacket off and I am open carrying while I get into and out of the car. You would be surprised at how a pleasant nod and a smile put people at ease.
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Old October 2, 2010, 06:35 PM   #15
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Quote:
We had one guy here in MI, was OC'ing (and had a CPL) and was talking to the police, when the officer looked down and noticed his handgun. He was charged with failure to disclose a concealed firearm and his CPL was taken away for like 6 months. Charges were dropped if I remember correctly.
I should think so. And I hope the guy sued.
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Old October 2, 2010, 10:18 PM   #16
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Old October 3, 2010, 12:43 AM   #17
therealdeal
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Don't worry about it, at least not in Virginia. I have NEVER had anyone, anywhere, anytime say anything (negative)about an openly carried handgun, much less one that I made even a modest attempt to conceal. I have gotten a few questions about what kind of gun I had, how they could get a permit (not needed for OC), and so on, but not often. Go on about your business and don't sweat it.
CAJUNBASS,

thanx. that makes me feel better. I was sort of thinking the same thing, but I have only been carrying a couple years. I wanted to be sure.

SAUERGRAPES,

I'm just covering all the bases so as to make sure I avoid an improbable yet frustrating situation in the future. Virginia is really gun friendly; I don't know why the OC law is that way(it might have changed, but I know there is talk of converting to the CCW laws VT, AK, & AZ have). Nobody that I know of gets hassled for OC, but I have yet to do it. People shoot in their backyards no problem, and many business owners OC while 'on the clock'.
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Old October 3, 2010, 12:46 AM   #18
therealdeal
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And then there are those states that don't require that the CCW weapon be concealed. Or define what concealed means.
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http://www.utahconcealedcarry.com/forum/
DON H,

I need to check that link when I get a chance. I would love to find a site that speaks about the laws you mentioned. Thanx for all the responses everyone.
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Old October 3, 2010, 01:13 AM   #19
chris in va
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Is this something you need to be 100% accurate about or live in fear about?
No problem in VA.

Now as we all know, once you enter a place of work, many of your 'rights' go out the window and you have to abide by their rules or get fired. If company policy states no firearms, you could get canned. Freedom of speech, freedom of religion, freedom of carry...all regulated and nixed by corporate.
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Old October 3, 2010, 01:41 AM   #20
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You will want to check your local laws. In Michigan, the law makes a distinction between carrying openly, and accidentally revealing a weapon that was intended to be concealed.

If you inadvertently show your gun while carrying concealed, and someone sees it and reports you, you could face brandishing charges. The likelihood of this probably varies from jurisdiction to jurisdiction. If you intend to carry openly, make sure you are not wearing a jacket or other garment that could obscure the gun and create the impression that it is supposed to be concealed. In either case, you need to pick one and be careful to stick with it. Ambiguity is an open door through which legal trouble can enter the situation.

Again, that's Michigan, and I don't know how the law sees it in Virginia. What constitutes 'brandishing' varies from one place to another. Sounds like CajunBass is fortunate to live in a gun-frindly part of the state. Do you? It might very well make a difference. Either way, I would advise that you familiarize yourself with the law. You should concern yourself not only with what you can expect will probably happen based on local sentiment, but also with the worst case scenario that the law prescribes.

Personally, I have seen badly concealed pistols showing from under woefully inadequate cover garments twice. Both times, my immediate reaction was the same: "Ew. Sloppy." Also, both times I could have easily reached out and snatched the gun, as neither carrier was any more attentive to their surroundings than they were to their gun. In the words of Gandalf the Grey: "Keep it secret! Keep it safe!"
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Old October 3, 2010, 05:47 AM   #21
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Check www.handgunlaw.us as a good source of your state laws as each state is different.

You also mentioned not creating a stir at work, not sure if you implied you'd carry at work, but I'd be certain I understood my employeers rules before I carried at work.
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Old October 3, 2010, 06:06 AM   #22
therealdeal
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KREYZHORSE,

Thank you. I only meant if I got into trouble that could effect me at work if they found out and/or if I told them I ran into trouble while off duty.
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Old October 3, 2010, 06:11 AM   #23
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What's important is, if you do inadvertently flash your weapon and somebody gets a twist in their Underoos about it, be polite and respectful and take your business elsewhere.

That is not the time to climb on a soapbox and start yelling about the 2nd Amendment and spouting Ted Nugent quotes, because if you do that, then several cops will show up expecting to find an "agitated man with a gun". That rarely ends well.
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Old October 3, 2010, 06:38 AM   #24
therealdeal
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Tamara, thats a good point. Common courtesy can go a long way while a lack of it might not go very far. Lol
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Old October 3, 2010, 06:43 AM   #25
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I was wondering, if you are CCW and by coincidence your gun shows by accident, how serious is this?
In Virginia, and speaking in legal terms, it's not serious at all unless you are someplace that you aren't supposed to have a firearm at all. Now how people around you may react and how local law enforcement may react can vary widely from area to area.

For example in the Shenandoah Valley it is unlikely that anyone would even bat an eye (unless you were on a college campus or something similar) whereas down in Virginia Beach or in Arlington you might get a far different response.

Quote:
I'm in Virginia, OC is legal if you can see the front, back, and side of the weapon
Where in the world did you get this? Open carry in Virginia is not a case of "being legal" (as in someone gave us permission), it's a case of there are no prohibitions against open carry. The only prohibitions are with regard to concealed carry (permit required) and locations where firearms are not permitted (schools, federal buildings, posted property, etc).

So since open carry is not restricted (again, in VA), and since you already have a permit for concealed carry, you are covered.
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