Volokh-gun behind you back disorderly conduct?

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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Not only not pointed or brandished, but was held behind back to NOT overtly telegraph being armed.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    And how different would it have been if she'd stuck it in her pocket or waistband?

    Someone walking toward you (who's unknown to you) with a gun in hand certainly ups the antenna than one in a holster. That's why many states require holsters for public carry.
    Since she was on her property the whole time I can see why the ruling came down as it did.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I never knew this. can you tell me some states that require this? I travel a bit, and have more than a few permits. it would be helpful to know.

    I know MS does as part of their constitutional carry law passed last year. I'd have to look closely at each state. It's not something typically mentioned on handgun law, exc.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    ok thanks. I read quite a bit but I'd never heard of that requirement, at least in the states I have permits from or that I have carried in.
     

    KJackson

    Ultimate Member
    MDS Supporter
    Apr 3, 2017
    8,614
    Carroll County
    ok thanks. I read quite a bit but I'd never heard of that requirement, at least in the states I have permits from or that I have carried in.

    I am in no way attempting to be stupid, but rather, I am still learning about these things. My question is: If you don't use a holster, how do you open carry?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Stuck in waistband , either appendix or Mexican, with a tucked in shirt. Or for full size gun, potentiality stuck in back pocket, with enough gun exposed to be recognized as a gun .

    Consult specific state for statutory and case law definitions.

    I don't imadately recall which, but some states do require use of a holster, but it is not common.

    PSA - In general , a proper and well fitting holster is a wise practice . But for people who don't routinely carry, but otherwise keep a pistol at hand , in either vehicle or fixed location, may well need/ wish to occasionally carry for convience, recreational use, or specific threat . On those occasions, waistband or pocket carry without holster is ( frequently temporarily done, ought to be option, etc ).
     

    SteveG75

    Active Member
    Feb 25, 2013
    213
    Escaped to gunny FL.
    Interestingly enough, this (open carry on own property) came up as a side conversation when I was attending a class for veterans who wanted to apply for a MD Carry permit.

    The gist of the conversation was that you could be cited for disorderly conduct for carrying on your own property if someone saw you and called the police. Lots of nervous nellies in the Democratic Peoples Republic of Marylandstan.
     

    mxrider

    Former MSI Treasurer
    Aug 20, 2012
    3,045
    Edgewater, MD
    Interestingly enough, this (open carry on own property) came up as a side conversation when I was attending a class for veterans who wanted to apply for a MD Carry permit.

    The gist of the conversation was that you could be cited for disorderly conduct for carrying on your own property if someone saw you and called the police. Lots of nervous nellies in the Democratic Peoples Republic of Marylandstan.

    I frequently open carry on my property while cutting grass (in holster), weeding, etc. Have had many great conversations with neighbors walking their dogs. Have had an officer show up once, surveyed the situation and went on his way.
     

    KJackson

    Ultimate Member
    MDS Supporter
    Apr 3, 2017
    8,614
    Carroll County
    Stuck in waistband , either appendix or Mexican, with a tucked in shirt. Or for full size gun, potentiality stuck in back pocket, with enough gun exposed to be recognized as a gun .

    Thanks for the info. For some reason, I thought that being stuck in a waistband was to be avoided. The exposed part is what I was thinking about, because if you can't see it I figured it would be considered "concealed".
     

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