What sort of problems would a fellow run into by legally carrying a registered loaded handgun in a hip holster in plain view? What if he were to take it out every once in a while and spin it around and return it to the holster. Say this takes place at the local mall or just walking down the street.
I live in Milwaukee WI, but you may use your location as the example.
Speaking for MY location they’d have an armed response unit on your ass pronto and you’d be in the brown stuff real deep. People with what turned out to be fake weapons have been shot dead before because they wouldn’t surrender.
In Vermont, we have no laws restricting the carrying of handguns, so this would be legal. You can carry either openly or concealed. Our murder rate is pretty damned low, too (mostly domestic disputes, virtually no shootouts).
I myself am walking around with a holstered, loaded pun.
In Indiana you could do this as long as you have a valid personal protection license to carry. The police, however, after a fair amount of hassle, will tell you to conceal it, because calls for someone legally openly carrying waste their time.
I have a carry lisence in AZ, but I am only in AZ for maybe 1/4 the year. Here in CT, they’d throw me in jail for carrying a concealed weapon.
Even in AZ I don’t carry it unless I’m hiking, never know who or what you’ll meet out in the desert.
In Virginia, as long as you are permitted to possess the weapon – you’re over 18 and not a convicted felon, among other rules – then the first set of actions the OP describes are perfectly legal. Virginia law criminalizes the carrying of a firearm “about your person, hidden from common observation.” As long as it’s generally visible and clear to an observer, it’s generally legal.
That said, there may be local ordinances that restrict where you may carry your weapon, and you’re not necessarily permitted on private property while armed. There are specific restrictions on places of worship, for instance. But if you wish to walk down the sidewalk with a six-gun on your hip, you may.
Taking it out and twirling it about is a different story. The law forbids you to “…point, hold or brandish any firearm … in such manner as to reasonably induce fear in the mind of another … of another of being shot or injured.” I expect if a charge were forthcoming under this section, it would be sufficient to sustain a finding of guilty if the record showed you were merely twirling, without actually pointing it at anyone.
Note that this is not intended to be legal advice concerning a specific event, merely a generalized discussion of the law. I am not your lawyer. You are not my client.
- Rick
Even though it may be legal to carry a non-concealed weapon,
Could you be cited for causing a disturbance if there were complaints? Even if you don`t break any handgun laws?
Would the police be likely to draw down on you as they approached you?
West Virginia is an RKBA state…anyone not otherwise disqualified my carry an UN-concealed weapon.
Taking it out and twirling it WILL probably get your ass busted for brandishing.
One of the County DA`s has given orders to the officers that if they see anyone carrying (unconcealed) that they are to give a citation for disturbing the peace, or disorderly conduct, is this constitutional? Even though no direct handgun laws were broken.
In CA there are restictions against carrying a loaded exposed weapon unless you are doing so for work and have an exposed carry permit from a state agency. IIRC as long as the gun is not loaded and you have no ammo on your person you can probably do this without being cited but you will make alot of people very skittish and you will have plenty of irritated cops looking for an excuse to cite you for something.
The judge who signed my full carry permit told me that it had to be fully concealed or fully in view. No in between.
TN recently (last few years) started issuing carry permits.
People I know don’t carry publicly (like a gunfighter) cause someone is going to call police. Most people will also avoid you
if you have a gun prominently displayed.
Here in Memphis, it is illegal to carry firearm into any establishment where alcohol is served. Since this would be most likely scenario for pulling it out and twirling it (the gun)- well it just wouldn’t work out.
That goes for the rest of TN, as well.
A lot of states have probably laws againest using the gun to “Threaten” and carrying a loaded gun in your hand would be considered threatening to a lot of people(holstered one could make the case it’s “just in case” while having your hand wrapped around the butt at all times could be interepereted as threatening).
In Colorado walking around with a gun strapped to your leg is at least de jure legal, as I quote the Colorado constitution, Article II, Section 13 here:
Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
That said, as far as I know, those who have tried it have very often been hassled, even arrested by the police. Nobody has appealed the ruling to the Colorado Supreme Court as far as I know. Which is a pity, as it would seem to be a slam-dunk. (Even the most virulent of anti-gun types have a very hard time arguing with the language of Colorado’s constitution, as it’s much more specific than that of the US Federal constitution.)
It’s also illegal to carry a gun in a place that serves
alcohol in Colorado.
-Ben
http://www.nraila.org/GunLaws.asp?FormMode=state provides a good summary of state firearms laws for anyone who wants to look into this more.
Open carry (carrying a firearm openly, I’ll use it here to refer specifically to a loaded and holstered handgun) is completely legal in a lot of states, no permit or even ‘registered handgun’ required. Most (I don’t think any, but I’m not sure) of the open carry states simply don’t have the concept in their laws that a handgun is illegal to possess without a license. Suprisingly open carry is not generally legal in TX, it is legal in AZ, NM, NC, and VA plus others I’m not checking up on right now.
Where legal, open carry out in the woods or in rural areas generally won’t cause any problems. As you go to major cities or suburbs, though, you’re more likely to have problems. A number of businesses won’t allow anyone but a uniformed cop to carry openly, especially if there has been a complaint from another customer. If a person is disturbed, they may call in the police. The police may not realize that what you’re doing is legal, or may know that it’s legal but not like it and either harass you and/or try find something illegal about you. You’d certainly need to be prepared to deal with the police and know what your rights are.
From what I’ve heard (I haven’t tried it although I’m in NC) in places where open carry is legal, it’s less hassle than you might think - most people either won’t notice it or will presume you’re a cop. Thinking about it, I saw a guy wearing a K-9 shirt, black pants and boots, and a holstered handgun (no badge that I noticed) at a burger joint near me the other day. I filtered him out as a cop (and later noticed the police cruiser confirming that), and I would bet that most people would presume the same thing.
As far as merrily twirling a loaded gun, that’s generally going to be criminal; in most states it would constitute some kind of ‘brandishing’ charge and if the spinning gun points at someone it’s worse. (In NC, pointing a gun, even unloaded, at someone is a hefty misdemanor without any intent to threaten or hurt them).
Some useful excerpts from the WI summary:
There wouldn’t be a registered handgun because WI doesn’t register handguns. If you’re using an actual cowboy gun or certain reproductions, it doesn’t count as a handgun for a lot of laws (though its still a deadly weapon).
In texas, a handgun would get you in trouble. However, an AK47 or a riot shotgun would be fine, as long as its not a bar or a school
In Arizona it is legal for any adult who is not prohibited from posession firearms to carry one openly anywhere guns are not prohibited (post office, court house, airport security checkpoint, etc.). Weapons may be carried concealed with a permit, again any place weapons are not prohibited. The local mall would likely be a prohibited place as the private property owners have that choice.
The only time I normally carry openly is at my monthly CAS match but becuase of cold range rules we are prohibited from having weapons loaded unless we are at the firing line.
I’m your man Whuckfistle. I live in the Majikal Land O’ Beer Farts-N-Cheese and I am a cop. (ok, I’m only on the job part-time now days, but it’s the same job minus 32 hours a week).
First, Bite your damn tongue! You know there’s no gun registration here! Don’t give that guy in the Governers mansion any ideas!!!:mad:
Ok. Now, Wisconsin has a “Gun Preemption” law, which means cities, towns, villiages, and counties cannot have gun laws which are stricter than state laws. So State laws are all you have to worry about here. And there is no state law prohibiting open carry…BUT. There are a bunch of places you can’t have a gun in any circumstance (bars, schools, vehicles, polling places, any building/property owned by the government) which greatly cuts down where you can have a gun. But I assure you, you probably will be charged with disorderly conduct if you walk around with a gun anywhere else in this silly state, unless you’re in a legal hunting area.
But what you are charged with, and what you are convicted of are 2 different things. And…a recent State Supreme Court ruling may charge the whole ball game. I once believed that concealed carry for civillians would never come here. That ruling may pave the way for a CCW permit law.
But if that don’t happen, why don’t you walk around with a holstered weapon, get busted, and take it to the State Supreme Court? The more cracks we have in the stupid gun laws here, the better!!! (Hey, I like carrying my piece, and I’m not going to have this badge forever!
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