Legal or not
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- Location: S.W. Ohio...Preble Couty area
Legal or not
I was told that open carry holster was not a legal oc holster because it is an inside the waistband holster. I carry a Smith and Wesson SD9VE with iwb and a shirt that is tucked in. The gun is clearly visiable from about the whole grip up to about 1.5 inches of the slide. Thought about calling sherriff but thought I would run it past you all first so that when I do call I have some info on legal holsters
Thanks
rdf37
Thanks
rdf37
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Re: Legal or not
Hello, welcome. Your question has been dealt with before but that's okay.
An inside the waistband holster with shirt tucked in behind the gun should certainly qualify as open carry by the letter of the law. However, we've had incidents across Ohio where individual police officers--and at least one county prosecutor--didn't agree. They seemed to consider all IWB rigs as "concealing" the gun under any and all conditions. Keep in mind this has only happened a few times, and less as time goes on.
Do you have an Ohio CHL, or one from another state that Ohio recognizes? If so that potential problem would be a moot point. (When you get a carry license you certainly retain your right to carry openly! Like one longtime poster here says "when you get a driver's license you retain your right to walk".) The license makes things better in other ways too, like transporting the gun without a requirement to unload it.
An inside the waistband holster with shirt tucked in behind the gun should certainly qualify as open carry by the letter of the law. However, we've had incidents across Ohio where individual police officers--and at least one county prosecutor--didn't agree. They seemed to consider all IWB rigs as "concealing" the gun under any and all conditions. Keep in mind this has only happened a few times, and less as time goes on.
Do you have an Ohio CHL, or one from another state that Ohio recognizes? If so that potential problem would be a moot point. (When you get a carry license you certainly retain your right to carry openly! Like one longtime poster here says "when you get a driver's license you retain your right to walk".) The license makes things better in other ways too, like transporting the gun without a requirement to unload it.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
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1911 and Browning Hi Power Enthusianado.
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1911 and Browning Hi Power Enthusianado.
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Re: Legal or not
I don't believe so.Brian D. wrote:Do you have an Ohio CHL, or one from another state that Ohio recognizes?
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Someone edited my signature and deleted my posts, and all I got was... this edited signature.
Someone edited my signature and deleted my posts, and all I got was... this edited signature.
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Re: Legal or not
Yes Jim I just saw his other post. When I replied he only had ONE post not two! Or so it stated beside his name.
Rdf37, how about putting a general location in your prfile so that it shows up next to your posts? 'SW Ohio' or whatever is good enough, it is helpful in your participation here, take my work for it. Even that buttinski jabeatty guy would agree.
Rdf37, how about putting a general location in your prfile so that it shows up next to your posts? 'SW Ohio' or whatever is good enough, it is helpful in your participation here, take my work for it. Even that buttinski jabeatty guy would agree.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
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1911 and Browning Hi Power Enthusianado.
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1911 and Browning Hi Power Enthusianado.
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Re: Legal or not
That jabeatty dude has been known to disagree just for disagreement's sake, which is why we hate him so.Brian D. wrote:Even that buttinski jabeatty guy would agree.
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Someone edited my signature and deleted my posts, and all I got was... this edited signature.
Someone edited my signature and deleted my posts, and all I got was... this edited signature.
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Re: Legal or not
Stop defending him.That jabeatty dude has been known to disagree just for disagreement's sake, which is why we hate him so.
A S&W SW*VE is just about as large as a High Point making it nearly impossible to conceal completely iwb. It would almost have to be an open carry unless you have a cover garment.
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The following is a list of children's books that didn't quite make it to the printing press...
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bruh bruh is slang for "complete and total moron" -sodbuster95
The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
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Re: Legal or not
I have it on god authority that jabeatty was open carrying yesterday in a nice OWB holster..
http://www.youtube.com/watch?v=qOxXpNBdrVE" onclick="window.open(this.href);return false;
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- JustaShooter
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Re: Legal or not
God authority would be the highest and most reliable, so it must be true...pleasantguywhopacks wrote:I have it on god authority that jabeatty was open carrying yesterday in a nice OWB holster..
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Re: Legal or not
Just IMHO, the real problem here is the fuzzy nature of the silly law....
Back in the "plain sight" era, at least one lawyer told me that he'd heard of convictions where a gun was visible enough to be considered contraband if the carrier wasn't licensed, but not visible enough to be "in plain sight" for the CHL holder....
Seems like some LEO's don't feel that an IWB is visible, even with that gun. I don't agree, but a lot of good that did way back when.
One interesting thing, though. I carried "prudent man" for a long time, using a Walther PPK/S, which is almost invisible open or concealed, and had to switch to a 1911 to be "in plain sight" when I had to get the CHL. Mouse gun to hand cannon.... More dangerous? Probably not when you consider my experience level and training (semi-retired rent-a-cop, among other things), but if you only look at the size of the round....
We put up with James 'cause he's usually right. But forget about what happens when he's wrong.
Regards,
Back in the "plain sight" era, at least one lawyer told me that he'd heard of convictions where a gun was visible enough to be considered contraband if the carrier wasn't licensed, but not visible enough to be "in plain sight" for the CHL holder....
Seems like some LEO's don't feel that an IWB is visible, even with that gun. I don't agree, but a lot of good that did way back when.
One interesting thing, though. I carried "prudent man" for a long time, using a Walther PPK/S, which is almost invisible open or concealed, and had to switch to a 1911 to be "in plain sight" when I had to get the CHL. Mouse gun to hand cannon.... More dangerous? Probably not when you consider my experience level and training (semi-retired rent-a-cop, among other things), but if you only look at the size of the round....
We put up with James 'cause he's usually right. But forget about what happens when he's wrong.
Regards,
Stu.
(Why write a quick note when you can write a novel?)
(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)
יזכר לא עד פעם
(Why write a quick note when you can write a novel?)
(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)
יזכר לא עד פעם
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Re: Legal or not
It is a great argument and discussion whether carrying IWB with the grip above the belt-line counts as concealed of not.
In my viewpoint, I can be as convinced as need be that it counts as open carry. However, run into an LEO who disagrees with my opinion and I could be facing the prospect of paying an attorney to defend me against felony charges.
On the other hand, for less than $30 I can purchase an inexpensive OWB belt or paddle holster from Fobus. Don't like Fobus? Then the holster world is full of choices.
If I was unlicensed and open carrying in Ohio, I'd rather pay for the OWB holster than risk the drama associated with an LEO threatening to arrest me, much less an actual arrest.
Your financial resources and willingness to risk thousands of dollars in legal fees may very well be different from my propensity to accept risk. Good luck with your choices.
In my viewpoint, I can be as convinced as need be that it counts as open carry. However, run into an LEO who disagrees with my opinion and I could be facing the prospect of paying an attorney to defend me against felony charges.
On the other hand, for less than $30 I can purchase an inexpensive OWB belt or paddle holster from Fobus. Don't like Fobus? Then the holster world is full of choices.
If I was unlicensed and open carrying in Ohio, I'd rather pay for the OWB holster than risk the drama associated with an LEO threatening to arrest me, much less an actual arrest.
Your financial resources and willingness to risk thousands of dollars in legal fees may very well be different from my propensity to accept risk. Good luck with your choices.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
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Re: Legal or not
Brian D. wrote:Yes Jim I just saw his other post. When I replied he only had ONE post not two! Or so it stated beside his name.
Rdf37, how about putting a general location in your prfile so that it shows up next to your posts? 'SW Ohio' or whatever is good enough, it is helpful in your participation here, take my work for it. Even that buttinski jabeatty guy would agree.
Just did.
Also...I do in fact have an owb ordered from Old Faithfull Holsters but estimated shipping date is early July so when it gets here I will have no issues. You all have been a great help as I have read some post and some orc reguarding open carry and it is about as clear as mud to me lol.
It is an interesting thought though and is just one more example of how we continually get our rights slowly taken away a little at a time. Open carry has become a very sore subject for many people because of uninformed citizen like myself not realizing my rights because of assuming the law knows best.
Thanks
rdf37
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Re: Legal or not
Welcome to OFCC, where we work to gain those rights back, a little at a time...rdf37 wrote:It is an interesting thought though and is just one more example of how we continually get our rights slowly taken away a little at a time. Open carry has become a very sore subject for many people because of uninformed citizen like myself not realizing my rights because of assuming the law knows best.
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.