There seems to be some debate here (WV) One part of the law says if your CC becomes exposed it could be considered brandishing (not a good thing) yet open carry is allowed in this state.
Dose one lose the right to open carry if they posses a CC permit. I don't think so, but I have not been able to get an answer from LE down here. For instance if you have a DL you can' t walk?

We just had constitutional carry restored.  One or two jackass lawyers are saying that it's only for people that don't have CHLs, while people that have CHLs are bound by those laws.

No. While I personally find open carry to be dumb 99% of the time, it's not brandishing.

When did WV become an OC state?

Police officers open carry every day.  If mere open carry were brandishing or threatening, then every encounter a police officer has with a citizen would be considered a detainment.  If a police officer asked you where the 7-11 is, you would consider yourself seized under the Terry rules.  That would open a HUGE can of worms for the police and severely limit what the State can use as evidence.

EDIT to add: A holstered gun is not brandishing.  Brandishing is:
...to wave or swing (something, such as a weapon) in a threatening or excited manner.

So unless you're a hula dancer on the side, your holstered gun cannot be brandished.

That said, there IS a way they might charge you for 'brandishing' even though your gun is properly holstered, and it has to do with something the OP mentions.  Say you're carrying a concealed pistol and you go to WalMart to return a crap TV you foolishly purchased there.  The clerk at the returns window refuses to give you a refund citing the cola dripping from the cooling vents.  You brush your shirt back exposing your firearm and suggest he rethink his decision.  THAT might be considered brandishing.  It apparently was a problem here in WA when concealed carry first got started- people showing their guns to make a point.  

Inadvertent exposure however is not brandishing.

I would say no, if open carry is allowed. That would be like a woman going topless on a topless beach and getting arrested for indecent exposure- doesn't make sense. Find out what the statutes actually say about brandishing.

Wlell, sorta!

Grew up in W.va......and I can assure you that from the early 20's to the 1990's it was a virtual NO CARRY state.....due to the noxious Johnson's Pistols act, coupled with the lack of a constitutional provision protecting the right to arms.

All that crap came to an end when the people of that State took back their right by enacting by a plus 80% margin, a clear RTKBA provision......an arrest was made subsequent to that passage in I believe Fayette Co. and the issue wound up at the State Supreme Ct.......the result was a complete revision of the firearms law there and a mandatory shall issue ccw law.   Open carry was thereby restored less any license.   The Court did allow provisions governing hunting weaponry to stand.

As I recall the original Johnson act mandated the posting of a $2500 bond, advertisment in a newspaper of application, and issuance was totally at the whim of a magistrate.  


Hulluva story, only State I know of that reversed that trend in such a forceful manner!

I have a feeling its because a few retards got a CWP and if they got into an argument or something they'd lift their shirt to show the other person they have a gun.


So technically they weren't removing the gun from holster and waving it around or pointing at anyone... But if your gun is concealed and during a verbal altercation you make sure you alter your clothing so they can see you have a gun... Yeah, that's kind of brandishing... At the very least I'd say its used in a manner to intimidate.

Kinda different from if you are open carrying and someone see's you have a gun.




For it to be in law I have a feeling it was enough of a problem for them to need to make arrests because of people doing it. Pretty sure if you have  a CWP you can still OC. That law is specifically for stupid people who felt the need to intimidate with their gun but didn't draw it from the holster.



There are a few morons who get a CW and feel the need to play cop or hero and insert themselves in situations that turn to altercations and in turn they end up brandishing their weapon to prevent it from escalating out of hand. Thankfully most of these people aren't trigger happy/have enough sense not to start firing shots. But yeah. I've run into a few complete morons who inserted themselves in situations where they have no business.

For circumstances such as this (intimidation by deliberately exposing a weapon without drawing said weapon) the more proper charge would seem to be Menacing (at least back in Kentucky it would be).

oops thought this was GD.

It's not when you live in an OC state

KY has allowed open carry as long as I can recall. When the CCDW laws were enacted, it had zero impact on the existing open carry laws. Having a CCDW permit has zero impact on your choice to open carry or not here.

Of course it could be totally different in good old WV so the only final answer would be a letter from the Attorney General of WV for clarification.

Example 1) You bend over at Walmart to grab a bag of Cheetos from the bottom shelf, you're pistol is exposed.

Example 2) A young stud stares at your super model wife for .87 seconds too long. You make alpha eye contact and lift your shirt to reveal your holstered .45.


Gun never left the holster, but one of these is brandishing.

Obviously, example 2 loses all its theatrical effect if you OC.

Washington State is an open carry State. It's written into our State Constitution!! We also have shall issue CCW and one form doesn't affect the other. Some of the PDs started arresting people because someone complained that they were afraid of someone that was carrying openly.  The Attorney General for the State finally sent a letter to ALL PDs in the state telling them that open carry is legal in Washington State and they were not to arrest anyone for simply carrying openly. He advised the PDs that they were subject to legal proceedings if they continued to arrest people for nothing more than open carry!! The courts also struck down the ban on carrying on public transportation. They took all the signs banning firearms out of buses and other public funded transportation.

Brandishing by law in this State is defined as the act of intimidating or threatening another person. If the wind blows you cover garment off your CCW or you bend over and your gun shows, it's not considered brandishing. If you are observed consistently doing things to make your firearm visible then all bets are off and you could be in trouble with the local PD.