What occurs when a concealed gun is accidentally seen?

A

a1bigtuna

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I am wondering what the major problem is if a concealed gun is accidentally seen? If one has a CCW permit, and it is seen because of a shirt fly up, or some other reason, not on purpose like exposing it to make a point or something like that, what problem does that cause?
If you have a permit to carry it concealed and it can be carried that way, what is the problem? If there is a problem, what is it? What are the liability issues as far as what problems it causes for the carrier? I just do not understand how this happening can cause an issue, if it is accidental.
 
I don't know if this is actually the case, but here in DFW a couple weeks back there was some news story about a "man with a gun" call placed from some public building. The cops arrived and evacuated/searched/brought in SWAT, but nothing and no one was ever found... only thing I can figure is someone saw a CHL'er who wasn't concealing great, panicked, and by the time the cops showed up the CHL'er had either moved on or covered up his gun...

Not to say that that always happens - I've more than once realized my shirt had ridden up in a public place and thought back to how long it had been uncovered and realized that a good number of people had the opportunity to see it and didn't...
 
Thanks, I was wondering what any legal problems were. Was not clear when I posted my question. Was wondering what trouble could be had if this happened.
 
Ah, that would vary based on where you are. Some places require some kind of intent for it to be considered brandishing, others if it shows even a little accidental like it can be a crime. What the penalty is also varies by location.
 
In the shitehole that is liberal MA... They run screaming, wet their pants, and dial 911 while yelling frantically "he's got a gun"!!! 4King silly...
 
So that must explain your weapon and hat size. LOL, it was a real question, not a joke question! I may have asked a simple question, but have been shooting for over 55 years, and do not make small talk on ligit questions. And, will not.
 
In SC, you would be arrested for "brandishing". Concealed is concealed. Only the dopes would call for "a man with a gun" unless he were a LEO.
 
In FL you would be charged with brandishing, if the person that reported you claimed they felt threatened or in imediate danger. We currently have a bill proposed in the Senate that would correct this and allow for open carry by those who hold CCW permits. The bill also allows CCW permit holders to carry on public college and university campuses and that has turned into a crap storm haha.
 
like the man said.... this all depends on where you live... :no:

Here in Georgia, your GWL allows BOTH open and concealed carry (nope... there is no separate CC license) so the reality is that it your choice and although it may freak out 1-2 folks... it's NOT illegal :biggrin:

Just add it to list of reasons I love livin' in Georgia :pleasantry:
 
In Fla you can get written up for a misdemeanor, provided it was accidental and you weren't showing it as a threat of some sort. More than 2 of these in a 3 year period and you'll get your CCW suspended.

This is the #1 reason I want to see Fla's OC bill passed.
 
blv the charge is brandishing here in texas, too ... no open carry law (yet) so if it's exposed AND some weenie sees it and gets upset, you could be talking to the law ... I pocket carry most of the time, which pretty much limits the chances of exposure to my pocket falling off ... hey, it COULD happen ...
 
a1bigtuna said:
So that must explain your weapon and hat size. LOL, it was a real question, not a joke question! I may have asked a simple question, but have been shooting for over 55 years, and do not make small talk on ligit questions. And, will not.
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Ah, I am sorry the humor was lost on you.

It varies by state. Look up your local laws. See what the provisions and definitions of brandishing are. See the definitions of CC. Investigate what warrants alarm to justify a terry stop.

You just have to look up your state laws. In WA if I expose my gun to someone intentionally, I am 'brandishing', which is a crime or gross misdemeanor or something. In court, it would have to be proven that I did it intentionally, ie. if my shirt came up over my gun and someone spotted me across the street with a gun, I couldn't really be convicted of brandishing, because it wasn't intentional, I wasn't menacing anyone.

Sorry again for the joke, I assumed that your thread had given you the answers you sought already.
 
Thanks, and sorry for the thin skin. I just got a Utah and Florida CCW and am having a little trouble understanding how in a state that allows open carry and I am carrying concealed and by accident show a gun, how that could get me in trouble. I can understand if I am carrying concealed with no permit catching all kinds of hell, but just by accident with no intent? But, have heard of issues from those that know about this stuff. So, am getting answers. Thanks
 
a1bigtuna said:
Thanks, and sorry for the thin skin. I just got a Utah and Florida CCW and am having a little trouble understanding how in a state that allows open carry and I am carrying concealed and by accident show a gun, how that could get me in trouble. I can understand if I am carrying concealed with no permit catching all kinds of hell, but just by accident with no intent? But, have heard of issues from those that know about this stuff. So, am getting answers. Thanks
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Not a problem! Text is a terrible way to relate to people and I have an uncommon sense of humor so I can't expect anyone to quite understand my tone.:laugh:
 
B2Tall said:
In Fla you can get written up for a misdemeanor, provided it was accidental and you weren't showing it as a threat of some sort. More than 2 of these in a 3 year period and you'll get your CCW suspended.

This is the #1 reason I want to see Fla's OC bill passed.
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That is why I support it too. Chicago can claim to be the windy city but S Florida is no slouch on winds in the 25-55 MPH range.
 
a1bigtuna said:
Thanks, and sorry for the thin skin. I just got a Utah and Florida CCW and am having a little trouble understanding how in a state that allows open carry and I am carrying concealed and by accident show a gun, how that could get me in trouble. I can understand if I am carrying concealed with no permit catching all kinds of hell, but just by accident with no intent? But, have heard of issues from those that know about this stuff. So, am getting answers. Thanks
Click to expand...

Unless i missed it, you didn't state what state you are in. but based on the above post:

If your state allows open carry then don't worry about if it accidentally pops out when you reach for that upper shelf in the store, or squat to reach the lower shelf. Generally, brandishing usually has to have mal intent. Some panty wetter may call in s MWAG but any LEO worth his badge should see that there is no trouble afoot and not bother you.
 
I am in Calif. so no CCW for me here. Just was hearing about an accidental showing of a gun (in a state where the permit is good) causing the law in. I just had a hard time thinking someone with a CCW permit in a state recognizing that permit would consider it a crime if someone saw it by accident. Just doesn't make sense. but, have heard enough to want to see what those out there that know about this, would inform me about what could happen. Thanks
 
In Texas it must be intentional. Proving it wasn't might be another thing, depending on the circumstances.
Brandishing=Verb: Wave or flourish (something, esp. a weapon) as a threat or in anger or excitement. From Websters Dictionary.
 
The history that I've learned is that in all states (obviously) open and concealed carry were legal. About 100 years ago it seemed apparent that the outlaws would conceal carry so many states outlawed it and open carry has always been legal, people have just... forgot?

Now today the average person not knowing the history feel we should have an extra license or outlaw open carry.

To me its like saying if your religious you have to always cover your bible in public so you don't offend someone. :rolleyes:

I'm glad to be in Michigan where I can do both. I do try to do one extreme or the other or some will 'think' I'm trying to hide my gun becouse I must be an outlaw.
 
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