Schrodinger’s Carry
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October 12th, 2011 at 9:43 am
Yeah, Ian’s right. But let’s Keep it Simple. Carry whatever you want, when you want, in any manner you want, as long as the Time, Place, Circumstances, Environment and the current Law allows you.
Just don’t take a 12 Gauge into Breda’s Library.
October 12th, 2011 at 9:57 am
Suppose your state has legal CC, and you have all the paperwork, and you go to Lowes with your piece legally concealed, and you reach for something up on a high shelf, and your shirt or jacket rises up, and Officer Friendly happens to be shopping nearby, and he happens to see your piece.
Do you end up face down on that cold concrete with Officer Friendly’s boot on your neck? My thinking would be this: If open carry is legal, maybe less chance of kissing the cement.
Looking at my Tennessee Handgun Carry Permit, I do not see the word “concealed”. So Im feeling like I might be a little better off in that Lowes situation than someone in another state who has a “concealed” permit.
October 12th, 2011 at 10:20 am
What BHL said: remember Occam’s Razor: the simplest treatment of a concept is always the best. If you can conceal, conceal totally. If you can and will carry openly, carry securely.
That is all. Nothing more to discuss.
October 12th, 2011 at 11:25 am
I have heard that several people in FL were planning on carrying in flap holsters as a protest against the OC ban.
October 12th, 2011 at 11:27 am
Ian is right and I wrote about this silly situation almost three years ago. I’d prefer no distinction in the law. States like NC make the situation odd, though, since we can carry openly without any kind of license, but need a license to carry concealed. Having the license ‘cover’ any form of carry might be a step backwards, depending on verbiage.
Of course, all this is fixable. Ditch all the restrictions, push for Constitutional Carry, and be done with it. That’ll be an uphill battle for NC, for sure, but GO TN!
October 12th, 2011 at 2:35 pm
Carry is carry. It shouldn’t matter is you have it OWB of your kilt, in your purse, in a transparent holster, whatever, at least on a legal basis.
October 12th, 2011 at 3:17 pm
Ian,
Posting wouldn’t work in the lai-er (can’t even think that word without doing the Doctor Evil voice).
The thing is, most laws contain language similar to “recognizable as a weapon” when talking about concealment which is to be decided on the “reasonable man” standard which we do -not- want to start hacking away at.
If your muzzle shows, well, it’s a gun muzzle and recognizably so no matter the color. Investigating it would be a reasonable act by a cop if the law doesn’t allow for visible carry and we in fact have judges and juries to figure out unclear legislative intent in such situations.
Not knowing Florida law, the flap holster situation will likely end badly as a flap holster is recognizeably a holster and it is in no way unreasonable to assume it might contain a weapon. Since the legislature failed to cover that situation in detail once again it will quite properly fall to a judge and jury to determine their intent.
The non-gun-shaped “belt pouchs” one poster brought up are not at all analogous situations. It is not “reasonable” to assume they contain a gun, any more than any other non-gun shaped container.
Anyway, I agree with you about carry laws and how they need to be simple. That said, they can be argued against on their merits without going to strained “what-if” hypotheticals.
October 12th, 2011 at 8:09 pm
Another hypothetical: what if you were wearing an empty and visible flap holster, but have a gun concealed someplace else on your person?
October 15th, 2011 at 1:17 am
@Matthew Carberry: I blame Google… Recognizable as a weapon is a cop-out. I chose the otherwise rather silly drop-leg pockety-thing from Thinkgeek as the place to hide Elsie Pee for a reason – on casual inspection it LOOKS like a handgun holster; but a second look shows it to be a rather pretentious fanny pack. Which then has a gun in it… What if the wearer wrote “contains a firearm” on it. And then see @Stormy Dragon’s hypothetics, which I debated throwing into the mix.
October 15th, 2011 at 7:23 pm
I’ve glad I live in a state where carry is carry and the method is not specified in the law. I’m legal if it’s hidden and I’m legal if it’s not hidden.