CCW and gun comes into sight by accident

Check www.handgunlaw.us as a good source of your state laws as each state is different.

You also mentioned not creating a stir at work, not sure if you implied you'd carry at work, but I'd be certain I understood my employeers rules before I carried at work.
 
KREYZHORSE,

Thank you. I only meant if I got into trouble that could effect me at work if they found out and/or if I told them I ran into trouble while off duty.
 
What's important is, if you do inadvertently flash your weapon and somebody gets a twist in their Underoos about it, be polite and respectful and take your business elsewhere.

That is not the time to climb on a soapbox and start yelling about the 2nd Amendment and spouting Ted Nugent quotes, because if you do that, then several cops will show up expecting to find an "agitated man with a gun". That rarely ends well.
 
I was wondering, if you are CCW and by coincidence your gun shows by accident, how serious is this?
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In Virginia, and speaking in legal terms, it's not serious at all unless you are someplace that you aren't supposed to have a firearm at all. Now how people around you may react and how local law enforcement may react can vary widely from area to area.

For example in the Shenandoah Valley it is unlikely that anyone would even bat an eye (unless you were on a college campus or something similar) whereas down in Virginia Beach or in Arlington you might get a far different response.

I'm in Virginia, OC is legal if you can see the front, back, and side of the weapon
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Where in the world did you get this? Open carry in Virginia is not a case of "being legal" (as in someone gave us permission), it's a case of there are no prohibitions against open carry. The only prohibitions are with regard to concealed carry (permit required) and locations where firearms are not permitted (schools, federal buildings, posted property, etc).

So since open carry is not restricted (again, in VA), and since you already have a permit for concealed carry, you are covered.
 
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I was wondering, if you are CCW and by coincidence your gun shows by accident, how serious is this?
end my quote

In Virginia, and speaking in legal terms, it's not serious at all unless you are someplace that you aren't supposed to have a firearm at all. Now how people around you may react and how local law enforcement may react can vary widely from area to area.

For example in the Shenandoah Valley it is unlikely that anyone would even bat an eye (unless you were on a college campus or something similar) whereas down in Virginia Beach or in Arlington you might get a far different response.


Quote:


I'm in Virginia, OC is legal if you can see the front, back, and side of the weapon
end my quote

Where in the world did you get this? Open carry in Virginia is not a case of "being legal" (as in someone gave us permission), it's a case of there are no prohibitions against open carry. The only prohibitions are with regard to concealed carry (permit required) and locations where firearms are not permitted (schools, federal buildings, posted property, etc).

So since open carry is not restricted (again, in VA), and since you already have a permit for concealed carry, you are covered.
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zespectre,

thank you. that post really helps because the way your explaining it, no illegal act is even occuring if the weapon shows by accident in virginia. I thought partially concealed could be an issue. Yes, the 3angle thing was told to me many times but it was word of mouth. thats why in my original post I mentioned "It might've changed".

ZESPECTRE, are hospitals legal for CCW?? I have been trying to figure this one out. Virginia is the main concern like my wife's OB apptmts as an example. I am just curious; its no big deal but like I said in another thread- I don't chance it unless I am positive its ok
 
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thats good to know. thanx for laying that out for me. I don't take risks w/my CCW unless I am sure, but I still have some learning to do. I thought hospitals were legal and banks weren't. It turns out banks are and hospitals aren't. I don't do too much inside banking, but I am still figuring they're a case by case CCW basis anyways until I learn different?
 
Actually there are a lot of banks where carry (open or concealed) is just fine.

One point to keep in mind (we're talking strictly Virginia here folks) is that there is no statute/law regarding firearms on private property. So if a property is posted "no guns" and you carry there anyway and are noticed then all that can -legally- happen is that you will be told you are "Trespassing" and be asked to leave (unless you are violating some other law). If you do not leave immediately then the charge on your rap sheet will start with "Trespassing" and go from there. (this does not, of course, apply to the restrictions on Federal buidlings, schools, etc. where there are applicable Federal laws).

That is the -legal- ramifications. However in the real world people overreact, officers don't always know the law, private security oversteps their authority, situations escalate and on ad infinitum.

In short if a place is posted I simply recommend that you don't go there if you have a choice, or you obey the sign and disarm if you have to enter (like a hospital).
 
ZeSpectre said:
Actually there are a lot of banks where carry (open or concealed) is just fine.
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In MI OC is legal in banks.

And here is a recent news story about a bank inviting armed customers:

http://www.khou.com/home/Texas-bank-welcomes-legally-armed-customers-103891979.html

I kinda wanna play devil's advocate with the while OC-while-doing-yard-work thing. I don't know if that's a very intelligent thing for a few reasons. The first is I wouldn't want to let thug neighbors know I'm a gun owner. They have a very convenient vantage point from which to watch and figure out my schedule from day to day. They know when I'm not home. The last thing I need is for them to break in and try to steal my guns. The second is a legal concern, many would see OCing on your property as "incitement" insteadof de-escalation. A good prosecuting attorney would ask "why didn't you go to the HOA, the police, or just talk to your neighbors and try to figure it out?".

Dave85 said:
If you inadvertently show your gun while carrying concealed, and someone sees it and reports you, you could face brandishing charges. The likelihood of this probably varies from jurisdiction to jurisdiction.
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To clarify this a little, brandishing in MI has to have two aspects: an unholstered gun, and a "menacing" action. So an inadvertently revealed concealed carry gun is not brandishing, but there are the other two aspects in these situations: 1. the unknowing, probably hysterical citizen that calls in the MWAG call and 2. the overzealous DA who is up for re-election looking to get another gun off the street to add to his commercials.
 
If you inadvertently show your gun while carrying concealed, and someone sees it and reports you, you could face brandishing charges.
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There are no such thing as "brandishing charges" in this state.
 
NO.

Although there is no actual state law regarding hospitals they are, without exception, posted and that is one of those cases where the prohibition will be STRICTLY and IMMEDIATELY enforced under the guise of "trespassing".
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Same in Ohio. No state law, but they are as far as I know always posted. However, state law does prohibit CCW in, "Institutions for the care of mentally ill persons". Some medical hospitals have at least one floor dedicated to mental diseases. This could get confusing / sticky even if the hospital isn't posted.
 
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To clarify this a little, brandishing in MI has to have two aspects: an unholstered gun, and a "menacing" action. So an inadvertently revealed concealed carry gun is not brandishing…
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This is a good definition of 'brandishing,' and is generally, I believe, how the current AG sees it. However, there does not appear to be any specific definition laid out in any statute. This leaves it open for interpretation, and the next AG may not be as enlightened. As you point out:
…but there are the other two aspects in these situations: 1. the unknowing, probably hysterical citizen that calls in the MWAG call and 2. the overzealous DA who is up for re-election looking to get another gun off the street to add to his commercials
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Even with such a competent person in that office, someone charged with brandishing by a local prosecutor so disposed may very well find themselves many thousands of dollars in debt to a lawyer before the charges are rightfully dismissed.
 
therealdeal- it sounds as if you are not familiar with your own state's laws, at all.

This is a rather critical element of successfully carrying, whether open or concealed.

Perhaps you should spend some time and review your state's statutes directly as they are written.
 
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If you inadvertently show your gun while carrying concealed, and someone sees it and reports you, you could face brandishing charges.
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Not in Virginia.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-282
§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

(Code 1950, § 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976; 2005, c. 928.)
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an unholstered gun, and a "menacing" action. So an inadvertently revealed concealed carry gun is not brandishing…

This is a good definition of 'brandishing,' and is generally, I believe, how the current AG sees it.
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It is also how our current governor saw it when she was AG. Pretty insightful, considering how anti-gun she generally is. Hopefully, that bodes well for us with any future AG.
 
Not to worry. Most of the sheeples wonder through life not paying attention to there surroundings. ( condition white ) If any of the folks notice they are most probably fellow CCW.
 
Don P said:
Most of the sheeples wonder {sic} through life not paying attention to there {sic} surroundings.
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It may just be me, but I find the term "sheeple" to be kinda dehumanizing. :(

Don P said:
If any of the folks notice they are most probably fellow CCW.
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...or cops, or just observant fellow citizens who are on the lookout for criminals or terrorists or other bogeymen.
 
I know here in CT, if you were to be CCW'ing and someone happens to see ANY part of the gun and calls 911, most likely you would be charged with BOP and arrested. Now the crazy part is we are an OPEN CARRY state!? You can 'legally' carry openly or concealed, but all it takes is an anti to call and complain and now your going to jail. The reason being our state statues are not defined on this subject and 'open' to all kinds of interpretation. Were hoping to get that changed via a much friendlier 2nd amendment AG (Martha Dean) this November who has promissed to address this issue. Everyone else reading this thread should no who's pro 2nd amendment running for office in there state/district and VOTE THEM IN!!

Steve
 
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