"Open" carry question

:r_c: Each state's laws are different.

I'd strongly suggest you call the nearest State's attorney office with you question and get the correct legal answer from the horse's mouth.

I would be checking my state laws. Some would say if any part of the holster or weapon are not in plain sight it is an attempt to conceal.
Some would say if any part of the holster or weapon are not concealed is an attempt to brandish.

Check your laws and follow them to the letter.

The only way you will know for sure is to check with LEO.

There are too many definitions of concealed to answer your question. In most states a firearm that is out of plain sight but accessible is considered concealed. Then you have to know what is your states definition of in plain sight and that can vary greatly. Take Moondawgs advice and check with your states attorney. Sadly most LEO's are not up on these laws and definitions so get it from the horses mouth.

Most LEO's do not know the OC/CC very well and will cite you first and let the court sort it out. Your AG should have the laws posted on their web site where you can read them and I suggest down loading them and saving for future referance....

Missouri is open carry state. But some countys and thier own rules. I would check with the local sherrifs office a d ask them


Sent from my big thumbs onTapatalk 😃

I don't know about whether or not it is legal to carry this way in your state but it certainly doesn't sound like a smart way to carry! No holster... just a clip on the gun and you're gonna stick it in your pants!!!! I'd never buy that pistol.

Like others have said it all varies by state. I believe, and I am no lawyer that it would work in Texas. I believe that as long as the average person can't tell its a firearm with just the clip showing you would be fine. But again I am no lawyer thats just my personal reading of the statutes.

There isn't a "brandishing" charge if you print or break concealment due to moving around or your carry method in MO. Like others have said, open carry is legal in MO as well it just varies by location. I know that Pulaski county and Phelps county it is legal, as well as Rolla. So having a pocket clip being the only thing visible on your P32 or whatever isn't going to be a problem in most cities/towns. I carried my 1911 in a belt slid holster when I found this out and about an inch of slide was visible at the bottom edge of my shirt depending on how I moved. Totally legal (called the local PD ahead of time.)

You've got the opinions on getting legal advice but Ill give you mine on the use of those clips. Don't do it. There may be a time when it is practical and desirable but off the top of my head, I can't think of one. Just my opinion, it's free and worth every penny you paid for it.

That being said, it isn't a good idea to use those clips for your pocket. Under stress you might just shoot yourself in the leg since you have to put your thumb in your pocket and pull the pistol out with your fingers on the outside of your pants. I wouldn't sacrifice convenience for sound tactics.

You can buy inexpensive IWB holsters that have a pants clip instead of belt loops. I have had a $14 Protech Outdoors IWB since 2003. I have used it as my FOB holster on two deployments, CCWd a P229, P32, Sigma SW9VE, P22, 1911, Bersa 22, PT22, M&P 40, and a TCP. It is still going strong. It isn't a fitted, reinforced holster. But it keeps my firearm from sliding around, covers the trigger, and offers a proper draw grip.

In the Pant Holster - Protech Outdoors Gun Holsters

It doesn't make much sense to carry a firearm with nothing protecting the trigger guard? It they are making them that way, they won't be selling many because the first time a person shoots themselves trying to draw it, it will be discontinued. Sounds like one of those "Good Idea - Bad Idea" moments. LOL.

jihans said:

I don't know about whether or not it is legal to carry this way in your state but it certainly doesn't sound like a smart way to carry! No holster... just a clip on the gun and you're gonna stick it in your pants!!!! I'd never buy that pistol.

Click to expand...

You can take the clip off. Kel-Tec puts those clips on some of their guns, but like I said, it can be removed.

I will also say cover the trigger guard, forget the little clip.

forget legal or not just plain not safe

jhp

I would agree totally with Jihans; I would think this is not a good way to carry for the safety factors. I believe no holster and a gun in a waistband or pocket is that accident waiting to happen.....

You have to verify this with the state. Here in MN. the permit is a carry permit so open or concealed carry is acceptable. I recall when living in Iowa and serving jury duty in the Federal Court in Des Moines I was talking to one of the Federal Marshals and he was saying that in Des Moines carrying a gun in a holster was considered as open carry which was legal, but if it had a retention strap holding it in the holster they considered it to be concealed??? The little things will bite you quick and hard!

All depends on the state, open carry isn't illegal but is frowned upon in the larger cities like Pittsburgh and Philadelphia. In the more rural areas it's almost common-place.