User Panel
Posted: 8/13/2011 8:30:46 PM EDT
So if I live in a conceal carry & open carry State, and I do a poor job of concealing... and get busted for it, can I then say "hey I'm open carrying!" to avoid a ticket or something (and I have CHL while this senario occurs)
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I have one. Its a rhetorical question. Know your state laws. |
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I have one. Its a rhetorical question. You spelled retarded wrong. |
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I have one. Its a rhetorical question. You spelled retarded wrong. |
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I don't know what Utahs' carry laws are like but in Michigan it would not be an issue.
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the only way you'd get "busted" is if a police officer didn't know the carry laws and that would only be until they figured them out |
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I don't know what Utahs' carry laws are like but in Michigan it would not be an issue. I don't understand how it could be an issue. He can open carry, he can conceal carry, why would there be an issue? |
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So if I live in a conceal carry & open carry State, and I do a poor job of concealing... and get busted for it, can I then say "hey I'm open carrying!" to avoid a ticket or something (and I have CHL while this senario occurs) Wait. "Concealed carry+open carry", and "getting busted"? Here I dont think the cops would give a damn unless you were toting where you shouldn't be. |
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It's more of a would that excuse fly question.. Why would you need an excuse? |
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Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing?
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Quoted: It's more of a would that excuse fly question.. you wouldn't need an excuse in a state that has both open and concealed carry (with a chl) you could switch between open carry and concealed carry every five minutes like a retard and it wouldn't be illegal |
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Quoted: Thanks, I needed a laughQuoted: I have one. Its a rhetorical question. You spelled retarded wrong. |
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It's more of a would that excuse fly question.. you wouldn't need an excuse in a state that has both open and concealed carry (with a chl) you could switch between open carry and concealed carry every five minutes like a retard and it wouldn't be illegal Does there lawfully need to be a clear distinction? (how is that a retarded question?) |
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Quoted: Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? Not in my state. A CHP in Virginia just says you can conceal a handgun. Does not require you to conceal a handgun. |
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Quoted: Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? no, a concealed carry license let's you carry concealed, it doesn't require you to carry concealed in a state that also has open carry |
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Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? Not in my state. A CHP in Virginia just says you can conceal a handgun. Does not require you to conceal a handgun. I moved here from Texas that requires concealment. |
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I don't know what Utahs' carry laws are like but in Michigan it would not be an issue. +1 Open carry is perfectly legal. CC is legal with a permit. If your shirt slips and exposes your firearm - no big deal. Zero laws were broken. |
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Quoted: Quoted: Quoted: It's more of a would that excuse fly question.. you wouldn't need an excuse in a state that has both open and concealed carry (with a chl) you could switch between open carry and concealed carry every five minutes like a retard and it wouldn't be illegal Does there lawfully need to be a clear distinction? (how is that a retarded question?) no, not in a state that has both concealed carry and open carry i said "switch every 5 minutes like a retard", not that the question was retarded |
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Quoted: Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? You can do either in Utah if you have a CHL. You need to learn the laws better if you're going to pack bro. |
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Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? no, a concealed carry license let's you carry concealed, it doesn't require you to carry concealed in a state that also has open carry Thank you. Question answered, and no thanks to the jackasses who try to insult other gun owners who are trying to learn a few things. |
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Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? You can do either in Utah if you have a CHL. You need to learn the laws better if you're going to pack bro. Just moved from Texas. |
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It's more of a would that excuse fly question.. you wouldn't need an excuse in a state that has both open and concealed carry (with a chl) you could switch between open carry and concealed carry every five minutes like a retard and it wouldn't be illegal Does there lawfully need to be a clear distinction? (how is that a retarded question?) no, not in a state that has both concealed carry and open carry i said "switch every 5 minutes like a retard", not that the question was retarded That was directed at me. |
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If it isn't illegal to CCW or OC in your state, why would you be concerned about breaking the law when there isn't a law to break?
Enjoy your freedom. |
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Quoted: Quoted: Quoted: Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? You can do either in Utah if you have a CHL. You need to learn the laws better if you're going to pack bro. Just moved from Texas. You're good to go. Don't sweat it. Utah is actually MORE gun friendly than Texas. |
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Quoted: Quoted: Quoted: Quoted: Quoted: It's more of a would that excuse fly question.. you wouldn't need an excuse in a state that has both open and concealed carry (with a chl) you could switch between open carry and concealed carry every five minutes like a retard and it wouldn't be illegal Does there lawfully need to be a clear distinction? (how is that a retarded question?) no, not in a state that has both concealed carry and open carry i said "switch every 5 minutes like a retard", not that the question was retarded That was directed at me. oh |
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Quoted: If it isn't illegal to CCW or OC in your state, why would you be concerned about breaking the law when there isn't a law to break? Enjoy your freedom. We can open carry without permit as long as there is two movements to bring the gun to action. If it is an auto then that means a draw and manipulation of the slide. If it's a revolver then it means one chamber must be empty. If you have your CHL/CFL/CCW whatever then those movements are not needed AND you can carry concealed if you so wish. We also have more reciprocity with other states than any other state. Florida is either tied or close to us. |
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Quoted: Well, that's your problem, you spent time in Texas. Quoted: Quoted: Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? You can do either in Utah if you have a CHL. You need to learn the laws better if you're going to pack bro. Just moved from Texas. Utah's gun laws are better than Texas's. Honestly, I CC'ed at the capital building while chaperoning a class field trip. My CC got caught up and UHP came by and said, you're showing and left. This was while watching my state legislature wave at the group of kids in the balcony. ETA - Welcome to the Beehive State. ETA 2- You do know the 1911 is the official state gun? |
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Because when you have a CHL you are required to properly conceal, that was my understanding. Could be ticketed for not properly concealing, must it be clear which option you are doing? I don't know, I live in Arizona. It's legal to carry however you want here. The only people that seem to give a damn, are the ones who need to move the fuck away it seems. |
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I think it would also depend on the method of concealment, yes? For example, an IWB like the supertuck, without a shirt over it, might be construed as brandishing (or something, ARFcom lawyers correct me please) as it is not truly being openly carried.
Someone correct me. |
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Quoted: I think it would also depend on the method of concealment, yes? For example, an IWB like the supertuck, without a shirt over it, might be construed as brandishing (or something, ARFcom lawyers correct me please) as it is not truly being openly carried. Someone correct me. Wouldn't be brandishing in VA. OCing while carrying in an IWB holster is called the "Virginia tuck" here because before the restaurant ban was repealed, people CCing had to switch to OC before entering a restaurant that served alcohol, usually by tucking their shirt behind the firearm. As long as it was not "hidden from common observation" then it wasn't considered concealed due to how state law defines a concealed weapon. It's still defined the same way today but now we can carry concealed or open in any restaurant as long as you don't consume alcohol while CCing. |
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You're fine. In utah you actually have to pull the firearm to be charged with brandishing.
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Quoted: Doesn't matter here. You can conceal it however you want. Brandishing the gun here is presenting the gun in a threatening manner, whether that be showing it in the holster or drawing it, but not aiming it at the person. You are permitted to do that if you feel sufficiently threatened, best along with a verbal warning that you are indeed armed and feeling threatened by said assailant. Personal restraint is always most important here.Quoted: I think it would also depend on the method of concealment, yes? For example, an IWB like the supertuck, without a shirt over it, might be construed as brandishing (or something, ARFcom lawyers correct me please) as it is not truly being openly carried. Someone correct me. Wouldn't be brandishing in VA. OCing while carrying in an IWB holster is called the "Virginia tuck" here because before the restaurant ban was repealed, people CCing had to switch to OC before entering a restaurant that served alcohol, usually by tucking their shirt behind the firearm. As long as it was not "hidden from common observation" then it wasn't considered concealed due to how state law defines a concealed weapon. It's still defined the same way today but now we can carry concealed or open in any restaurant as long as you don't consume alcohol while CCing. |
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Quoted: You're fine. In utah you actually have to pull the firearm to be charged with brandishing. I thought they changed that within the last year to include showing it in the holster as a warning. |
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According to my paperwork with BCI, this is as close to brandishing as I can find.
76-10-506. Threatening with or using dangerous weapon in fight or quarrel. (1) As used in this section, "threatening manner" does not include: (a) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or (b) informing another of the actor's possession of a deadly weapon in order to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(2)(a). (2) Except as otherwise provided in Section 76-2-402 and for those persons described in Section 76-10-503, a person who, in the presence of two or more persons, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor. (3) This section does not apply to a person who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another's use of unlawful force: (a) threatens the use of a dangerous weapon; or (b) draws or exhibits a dangerous weapon. So.... to be considered brandishing or threatening / threatening manner you have to have additional behavior besides just visible or unconcealed. Eta - I'm not a lawyer, just someone who found some material in my paperwork for your review. |
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I don't know what Utahs' carry laws are like but in Michigan it would not be an issue. I don't understand how it could be an issue. He can open carry, he can conceal carry, why would there be an issue? |
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Quoted: So basically an unwarranted action towards said weapon during the altercation. But it's neither here nor there towards OP's original inquiry. The point is, if he has a valid and accepted CHL (whether it be a Utah or an accepted out-of-state license) he may carry either way and not in any violation of the law, as I stated earlier.According to my paperwork with BCI, this is as close to brandishing as I can find. 76-10-506. Threatening with or using dangerous weapon in fight or quarrel. (1) As used in this section, "threatening manner" does not include: (a) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or (b) informing another of the actor's possession of a deadly weapon in order to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(2)(a). (2) Except as otherwise provided in Section 76-2-402 and for those persons described in Section 76-10-503, a person who, in the presence of two or more persons, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor. (3) This section does not apply to a person who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another's use of unlawful force: (a) threatens the use of a dangerous weapon; or (b) draws or exhibits a dangerous weapon. So.... to be considered brandishing or threatening / threatening manner you have to have additional behavior besides just visible or unconcealed. Eta - I'm not a lawyer, just someone who found some material in my paperwork for your review. |
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Here in Indiana you have to have a LTCH but once you do, you can carry any handgun anyway you wish open or concealed. For that reason, when I am out and about, I don't make a huge effort to conceal my gun. Now with that being said, I would guess 90% or more of the time I am carrying concealed, it's concealed other than printing or the occasional times where I am loading something into a truck and the shirt comes up and over the gun, no biggie. I do open carry but those times are becoming few and far between.
If you had a cover garment over your pistol and didn't have a permit, I would think it could be the officers call. I wouldn't risk it especially with a kick ass permit that Utah has. |
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Quoted: Quoted: So basically an unwarranted action towards said weapon during the altercation. But it's neither here nor there towards OP's original inquiry. The point is, if he has a valid and accepted CHL (whether it be a Utah or an accepted out-of-state license) he may carry either way and not in any violation of the law, as I stated earlier.According to my paperwork with BCI, this is as close to brandishing as I can find. 76-10-506. Threatening with or using dangerous weapon in fight or quarrel. (1) As used in this section, "threatening manner" does not include: (a) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or (b) informing another of the actor's possession of a deadly weapon in order to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(2)(a). (2) Except as otherwise provided in Section 76-2-402 and for those persons described in Section 76-10-503, a person who, in the presence of two or more persons, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor. (3) This section does not apply to a person who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another's use of unlawful force: (a) threatens the use of a dangerous weapon; or (b) draws or exhibits a dangerous weapon. So.... to be considered brandishing or threatening / threatening manner you have to have additional behavior besides just visible or unconcealed. Eta - I'm not a lawyer, just someone who found some material in my paperwork for your review. Correct, or at least that's how it was taught in class and what's in the paperwork from BCI. So it's not brandishing if you accidentally show but without an intent to threaten or used in a threatening manner. |
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Why don't you just get a carry permit? Reading is fundamental. |
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