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Can any portion of the handgun/holster be obstructed when open carrying?

dctravis

Newbie
Joined
Jun 28, 2018
Messages
6
Location
Illinois
New to the forum, be gentle ;)

This may be a basic question, but I am in Tennessee visiting my father and step mother as my step mother just underwent a major surgery. I have an Illinois concealed carry permit which is recognized by the state of Tennessee and so I have the ability to open carry for the first time since I purchased my first gun.

Ultimately, the question comes to whether or not I can have the holster sticking out from the bottom of my shirt on my hip, or do I need to tuck my shirt behind the holster such that it is 100% visible and exposed? The gun that I brought a holster for is my Walther Creed and so it is not a small handgun that will not be visible if my shirt is around it. If anyone has any guidance and preferably any links to state law or state explanations. I have searched a bit for anything regarding this, but mainly find unrelated subjects.

Thanks to anyone who is able to help.
 

dctravis

Newbie
Joined
Jun 28, 2018
Messages
6
Location
Illinois
In addition

The reason why I'm even asking is because I know that I can open carry and that I can concealed carry in Tennessee now. However, I have no idea whether if you have it somewhat concealed or somewhat exposed if that is somehow in some grey area that will get me arrested.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Welcome dctravis to the forum.

http://handgunlaw.us/ is an excellent resource site to glean invaluable information from as well as provides specific statutory cites from the states you are interested in.

That stated, with IL’s vague statutory definition about conceal carry in, 430 ILCS 66/5, section 5 which states:

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

That statement is so ambiguous it actually astounds me IL put it in their statute, except to allow nice LEs to use the clause to initiate stops!

Personally, DC, I believe I would get into the habit of completely exposing your sidearm while being in a location which embraces OC to preclude any perception of inadvertant “mostly concealed” status when back home in the Prairie State w/your concealed License.

Again welcome, this gentleman extents well wishes to you and your family as they deal with this medical event.


 
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dctravis

Newbie
Joined
Jun 28, 2018
Messages
6
Location
Illinois
Welcome dctravis to the forum.

http://handgunlaw.us/ is an excellent resource site to glean invaluable information from as well as provides specific statutory cites from the states you are interested in.

That stated, with IL’s vague statutory definition about conceal carry in, 430 ILCS 66/5, section 5 which states:

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

That statement is so ambiguous it actually astounds me IL put it in their statute, except to allow nice LEs to use the clause to initiate stops!

Personally, DC, I believe I would get into the habit of completely exposing your sidearm while being in a location which embraces OC to preclude any perception of inadvertant “mostly concealed” status when back home in the Prairie State w/your concealed License.

Again welcome, this gentleman extents well wishes to you and your family as they deal with this medical event.



Hey, sorry if I wasn't too clear in my first message. I'm asking about it because I want to open carry while I'm in Tennessee for the next few days as well as when I come back and travel through Tennessee, then Texas and finally out to New Mexico. I wouldn't dream of open carrying in the DPRI (Democratic People's Republic of Illinois) 😅

So, I'm not trying to use a loophole or anything. Just want to see how others carry when OCing and if anyone ever carries with a shirt over. The top of the gun and if issues have ever come up. It would somewhat concealed it, but it will still be increadibly apparent that it's there as well as the bottom half being visible. I was thinking about doing this as I don't have a retention holster and I like the idea of having something (even if it's just a shirt) over the top of the gun to prevent quick access from someone else.
 

dctravis

Newbie
Joined
Jun 28, 2018
Messages
6
Location
Illinois
Welcome dctravis to the forum.

http://handgunlaw.us/ is an excellent resource site to glean invaluable information from as well as provides specific statutory cites from the states you are interested in.

That stated, with IL’s vague statutory definition about conceal carry in, 430 ILCS 66/5, section 5 which states:

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

That statement is so ambiguous it actually astounds me IL put it in their statute, except to allow nice LEs to use the clause to initiate stops!

Personally, DC, I believe I would get into the habit of completely exposing your sidearm while being in a location which embraces OC to preclude any perception of inadvertant “mostly concealed” status when back home in the Prairie State w/your concealed License.

Again welcome, this gentleman extents well wishes to you and your family as they deal with this medical event.



Right of the bat, sorry if this double posts. I posted a reply which isn't showing up anywhere for some reason.

I would dream of trying to open carry within the DPRI (Democratic People's Republic of Illinois). I am planning to open carry for the next few days and again in August while I'm in Tennessee and just wanted to make sure that having the weapon partially covered didn't somehow violate both types of carrying and leave me in a risky status for police attention. My holster is a converted IWB that I swapped the clips on so it doesn't have a retention device. I figure having my shirt off the top of the weapon would be more comfortable for me so that a random person would be less quick about a snatch attempt if that were to ever happen.

Also just wondering in general if anyone carries in that fashoi or if pretty much everyone just has it 100% exposed and shirt tucked between gun and body.
 

dctravis

Newbie
Joined
Jun 28, 2018
Messages
6
Location
Illinois
Alright, I tried twice to reply with a quote, but it doesn't seem to be working unless all the messages get reviewed before posting ��.

While I live in the DPRI (Democratic People's Republic of Illinois), I am currently in Tennessee and want to open carry while I'm here which is legal to do so. I'm just wondering if anyone open carries with their shirt over the top of the weapon or if everyone tucks their shirt when carrying with an OWB holster and more importantly if there is any legal qualms about doing the first scenario.

My holster is just a simple convertible IWB/OWB with no retention device (it is molded for it and fits perfect) so I figured I would like the shirt in between any pesky hands should that ever be an occurance to delay them for half a second. Not sure if this is a stupid thought or not...
 
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color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
Alright, I tried twice to reply with a quote, but it doesn't seem to be working unless all the messages get reviewed before posting ��.

While I live in the DPRI (Democratic People's Republic of Illinois), I am currently in Tennessee and want to open carry while I'm here which is legal to do so. I'm just wondering if anyone open carries with their shirt over the top of the weapon or if everyone tucks their shirt when carrying with an OWB holster and more importantly if there is any legal qualms about doing the first scenario.

My holster is just a simple convertible IWB/OWB with no retention device (it is molded for it and fits perfect) so I figured I would like the shirt in between any pesky hands should that ever be an occurance to delay them for half a second. Not sure if this is a stupid thought or not...
The answer is carry it however you wish. Tennessee allows open carry and conceal carry with a license. Having a holstered firearm partially exposed is irrelevant.
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Right of the bat, sorry if this double posts. I posted a reply which isn't showing up anywhere for some reason.
--snipped--

Alright, I tried twice to reply with a quote, but it doesn't seem to be working unless all the messages get reviewed before posting ��.
--snipped--

Newbie's posts are often held for review. This function will drop off soon.
 
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