open carry.. is a holster necessary to be legal?

T

TINCAN

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I have a couple of questions for those familiar with open carry.

First off I’m from New Mexico where we’re allowed to open carry without at permit. I have a few different pistols. One of which is a Kel tec P-11 9mm with a belt clip attachment. Does anyone know if a pistol needs to be holstered or could i simply wear the pistol clipped outside the belt. This would expose the entire pistol and be as secure as most belt clip holsters.

..I understand that the best and safest way to open carry and a good holster is recommended.

I dont consistantly open carry and this would only be for emergency type carry.

just checking?


Thanks!
 
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With all due respect , you should have a holster to be safe , even if it is not required. They make such great holsters to cover any sittuation that you are missing out if you don't get one. If you prefer IWB you ought to check out the new Remora IWB concealment holster. It is incredible. Goes IWB with no clip and if properly fitted , you could do cartwheels and it is fine. I don't understand why someone would not have a holster. I have heard too many stories about folks dropping guns when stuck into a waistband. You ought to check into a holster. It is the best way to go. Be sure it fits your gun. Onesize fits all holsters are not good. It should be tailor made for your model handgun.
 
Be very careful when you are in open carry mode. Depending on the State law. the enforcement and prosecutorial climate open carry without a CCW is iffy.

Some agencys have successfully prosecuted, convicted and jailed individuals for concealed carry when their shirt has worked out of their pants and fallen over the but of the pistol rendering the weapon not readily visible. This occurred in AZ which by most accounts is a gun friendly state.

Incidents like this is what led to the passage of universial concealed carry.
 
I never thought of that. My wild guess would be yes and I think perhaps it would be due to being able to secure the weapon and not have to be fiddling with it which would scare people.
 
The other thing is, a holster signals to cops that you're a good guy who is NOT planning on ditching the gun and having plausible deniability that you ever had it.

To a cop, "Mexican carry" means "criminal". It's not based on any law but common sense...
 
There's always that whole "going armed to the terror of the public" thing.

Holster seems best way to avoid that and any undue attention from law enforcement. As others have said, holster that covers the trigger is usually a good idea.
 
"Mexican Carry" - That's Awesome. Never heard that before.

In Florida, I do remember that any open carry handgun must be holstered, with a strap over the hammer.
 
The particular State's law (both statutes and court decision) is the issue.

In some States, under their laws or court decisions, in order to be carried openly a gun must not even be partially concealed; and just sticking a gun in you waistband could be considered partially concealed. On the other hand, a gun worn in a holster on one's belt could be considered fully exposed to view and therefore lawfully carried openly.

I don't know about New Mexico.
 
when their shirt has worked out of their pants and fallen over the but of the pistol rendering the weapon not readily visible
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That lacks the element of intent necessary for a criminal conviction.

However, there are many shades of gray in law, and onerous convictions abound everywhere.

I would think an appeals court could have easily reversed or remanded that case back to the local court, but the fat lady doesn't always sing.
 
Well, here's a variation on the question. If a holster is used that completely covers the handgun, such as a German military holster for a P38, is the handgun considered "concealed," provided the holster is not itself covered and that the holster actually looks like a holster? I ask because I use one like that sometimes (but not for a P38) for those increasingly rare times I'm in the woods collecting ticks.
 
BT, you raise a point I've never considered.

When I was a kid, I seem to recall the Maine State Police using flap holsters; same with RI state troopers.

As an adult, I've seen fewer and fewer of those.

I wonder if there are actually officers out there who wouldn't immediately recognize a flap holster for what it was, and then might get upset once they did realize...
 
To a cop, "Mexican carry" means "criminal". It's not based on any law but common sense...
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Jim March
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Not by a long shot. A good number of us brought a wide range of handgun experience into the job with us.
 
In Florida, I do remember that any open carry handgun must be holstered, with a strap over the hammer.
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That would have to refer to cops and/or uniformed guards only, because open carry is otherwise illegal in FL.
 
Sarge, I realize you are a LEO. However, I've had other LEO's tell me the same thing about holsters vs Mexican carry.

So, at least some officers do use that as a potential indicator.

Edit:

Jim March, open carry didn't pass in Florida, but I think there may be a holster requirement for open carry while hunting in Florida.
 
I realize and agree, Mr. Leake, and my comment was not an endorsement of the practice. I simply felt Mr. March was painting with too broad a brush.
 
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