Posted: 7/3/2008 10:30:04 PM EDT
| I know this is a stupid question, but I've been getting mixed answers, even from LEOs. Is an IWB holster considered concealed when it's being used properly? I'm pretty sure it is, but a few officers told me "as long as it's in a holster, it's considered open carry and legal." Which I find hard to believe. Also, when I'm driving in my car, where should I keep my handgun? Is it legal to keep on me if I have a hip holster? Please recommend me a nice, quality side holster for a G23 as well. Thank you! |
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Is the gun obvious or is it hidden/concealed. It must be discernible. The blanker holster statement is wrong because they make ankle, shoulder, or pocket holsters which all could conceal the firearm. The weapon must be in plain view, while on your person..... same goes for the car. Granted, take the gun off your body and you can hide it where you want in the car (except a bag you are going to carry). |
The last person to ask about what is or is not "legal" is LEO. Ask a lawyer or better yet your local DA's office. It is the DA that decides what does or does not consitute a prosecutable offense. If they say they will prosecute for carrying IWB even if the grip is visible than don't do it unless you wish to be a test case. NRS 202.350 a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation. The above is the law defining concealed....at first glance it is simple but we all know how the English language gets "interpreted". |
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Well if you are going to open carry make sure it is absolutely positively visible with no room for doubt. Also, depending on where you are expect frequent contacts with LEO. We have a lot of Kali transplants that will call LEO if they see anyone they thing is not police carrying a firearm. Sad but it happens. |
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Paddle is a great choice. If used without a covering garment (this is a good reason to tuck in your shirt) it's pretty hard to argue that it is concealed. You might also consider something like a Blackhawk Serpa. If you are going to carry openly, you may be targeted for a weapon snatch. Having a good belt and a retention type holster will help prevent that. You will also likely be targeted by LEOs because they are often ignorant of the under 21 firearms owner. I had a good friend who was ambushed outside a Carson City retail center when he picked his girlfriend up from work. By ambushed I mean physically invited to taste the parking lot by a group of LEOs. First they told him it was illegal for him to own or carry until he was 21. Then they told him his IWB rig was concealed (he had on a white tank top, tucked in behind the gun). They eventually told him he could go but that they were going to charge him with CCW at a later date. Where are you located? I bet we can find an instructor who would take in a younger shooter. |
Does this mean that while transporting to a range etc, the use of a pistol rug would be concealed upon leaving the vehicle? |
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That is a funny look at it, but one that does fall within the requirement of a CCW. But, ask yourself this, is the pistol case identifiable that a pistol is contained within? I couldn't see a DA taking the case or it ever being approved by the supervisor. If you look at any case or plain box that the gun comes in, you may find a similar issue. If a case ever did go forward, I would safely predict a judge dumping it and creating a case law or our Supreme Court ruling on the issue. The SC has dissected several other laws including the DUI law. Although we have some retards up there and we have some weird rulings, they are usually decent. Here is the example: For a DUI, you need to have been in physical control of a vehicle, the vehicle must work, and the person must have a blood alcohol content of .08 or greater (we won't even get into other aspects). People were getting drunk at a bar, getting into their car, starting it, and sleeping. They were getting arrested for the DUI. Now, the court didn't like the people were making an effort to sober up and ruled against the DUI enforcement. |
So if I use an IWB holster, it would be considered legal for me to have just a part of the handgun showing? I'm located in Las Vegas. |
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What are you wearing? What color is the gun? Does your clothing crowd or camouflage the weapon? Open is open..... don't go trying to Mexican carry a gun and think it is still legal. I know you are talking about holsters, but, seriously, get an OWB and not worry about it. If you are stuck on an IWB, then get one that rides very high so there is no confusion. |
What RDP said! |