You're wearing this style of an open carry holster with your gun in it with the flap over the gun. Is this still considered open carry?
You're wearing this style of an open carry holster with your gun in it with the flap over the gun. Is this still considered open carry?
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Would a gun/knife in a sporran be open carried?
IMO it is a OC holster, but that is only my opinion. I asked a magistrate before LEOSA about openly carrying with a flap holster. Her OPINION was that it was OC, because the holster was not designed to conceal a firearm. But every officer has a opinion, and win or lose you might still take a ride.
Thank you for your answer WalkingWolf. I'm still new to this open carry, so I'm just trying to find out all the information that I can. I know those flap holsters were primarily made for the cap and ball revolvers, and that's what I would carry in one, but to be on the safe side, I'll continue to wear an open holster such as one of these that I own. That way, there's no question about my gun being open and visible.
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I hope I'm not asking dumb questions for being a newbie on this forum, I'm just trying to learn so I can be as law abiding as I can.
I have a flap holster for my 58 Remington, I only use it when it rains though. Drawing from it is like drawing from under clothing. I bought it years ago for SASS, but then learned that twist draw is not allowed. Not exactly sure why because there is no sweeping with twist draw.
I know of no state that would even put it into a gray area, but I cannot speak for Kentucky. The flap holster is a very safe holster and very obviously a holster of a firearm. Many state laws use the word "discernable" not "visible" as the key word, but I've not found KY's definition yet.
This is the statute dealing with carry a concealed deadly weapon.
Concealed has the same definition of the word does usually.
Concealed can be defined as "kept secret; hidden". So I do not think that a flap holster, that is clearly a holster and that someone would naturally assume that a firearm is within, would be considered concealed.
I wouldn't think so either, but you know how the cops can be at times, and that would give them an incentive to harass. I don't need that, so I'll do some more research before I act.
...If an officer is going to harass you for a carrying a firearm in a flap holster, then he would harass you OCing in any other way also...
Excellent point.
...Can you see the PA holding up the holster 'Is this a gun holster? Can anyone tell?', then open it and have anything in it from a reptile to a lollipop to a (fake) handgrenade, and guess what, you get convicted...
Sorry, it's an excellent point but then the laws are designed to be direct and specific, and in good law, even the words are defined and vague things are included in the code, it won't necessarily help you one whit. If it is not spelled out (this kind of oddity), then it gives leeway. Leeway means you can be arrested, or firearm confiscated, or what have you. Why go there?
You have two kinds of justice - street justice - that's where vagueness lets LE make you take a ride and pay for your freedom. He is allowed to do this, which is a kind of injustice and HE KNOWS IT.
Justice in court - depends on the Judge, the DA. Can you see the PA holding up the holster 'Is this a gun holster? Can anyone tell?', then open it and have anything in it from a reptile to a lollipop to a (fake) handgrenade, and guess what, you get convicted, because he's proved the thing 'hides' or obscures from view, regardless of shape.
It's not just the law, or even the local interpretation of the law. It's the SOP, or standard of practice. Thus I would say DO NOT use a holster like that unless you have something like a permission slip from the Sheriff, or the DA or the presiding judge(s).
Good luck.
The only person who must calim that a flap holster is concealing a firearm is the arresting cop. Cop's ain't dumb and a PA/DA/CA is not gunna ding his rep for prosecuting a citizen because some idiot cop could not figure out that a holster with a flap is not a fanny pack alternative.
Let's do what the sheeple like to do, and ask a cop about this! Someone go find Glockster.
I would like to hear from a LEO also and get his opinion on this.
It'll prolly be a lie; that he is a cop, and his opinion. They are not bound to the truth.