[rokclmb]

This might be better place in the legal forum, but I'm not sure and since it pertains to concealed carry I'm putting it here.

Does an exposed holster count as an exposed weapon? The question popped into my head today, "Does an exposed holster count as an exposed firearm?" If I'm carrying my gun concealed in a OWB holster and the bottom of the holster were to be exposed below my shirt would that be an exposed firearm?

790.001 Definitions.--As used in this chapter, except where the context otherwise requires:


(2) "Concealed firearm" means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

If the gun is in a holster is it concealed from the ordinary sight of another person? They can't actually see the gun, they will know what it is, but they can't see it.

This thought occurred to me today. I don't carry OWB but was wondering what other's thought about this.

 

[FLRon]

Not being an attorney, I can only give you my logical interpretation. According to the reading of the law in your post, I would conclude that viewing the holster is similar as if you were viewing the firearm, as it could be considered that a reasonable person could/would assume it's a firearm.

If you would take a literal approach, and only consider the viewing of the actual firearm, then if a holster covered the entire weapon, you would be able to walk around with a holstered weapon in plain sight, which obviously is not legal under Florida law.

That said, printing is not illegal, so if your holster was briefly exposed if you reached for something, or someone could see the outline of it through a garment, I believe unless someone called and reported you to the police, all you would be required to do is present your CWL to the officer. If for some reason the officers felt that your method of carry was not within the definition of concealed carry, then they could take further legal action.

In conclusion, it's best to keep your concealed weapon concealed.

 

[FloridaSon]

I'm not an attorney....

At least one case considers that a person may "by ordinary observation know the questioned object to be a firearm".

A gun holster is shaped to hold a gun, not a hammer. A fanny pack can hold anything even though most of us think "gun" when we see a black one on an adult.

From FindLaw: http://caselaw.lp.findlaw.com/scrip...=alpha9910\wk1\dorelus_vs_st_fl_94174&invol=1

...Ensor is the seminal case setting forth the circumstances under which a weapon is "concealed" with the meaning of section 790.001. In Ensor , this Court held that for a weapon to be concealed within the meaning of the statute it need not be absolutely invisible. 403 So. 2d at 354. The Ensor Court also held that the statutory phrase "ordinary sight of another person," as used in section 790.001(2), (6) means "the casual and ordinary observation of another in the normal associations of life." Id. at 354.

We explained that the critical question turns on whether an individual, standing near a person with a firearm or beside a vehicle in which a person with a firearm is seated, may by ordinary observation know the questioned object to be a firearm.

 

[rokclmb]

...
We explained that the critical question turns on whether an individual, standing near a person with a firearm or beside a vehicle in which a person with a firearm is seated, may by ordinary observation know the questioned object to be a firearm.

So would that mean when I see a person who is "printing" with something that is obviously a firearm, they are breaking the law?

 

[FloridaSon]

Good question. I read other states have a no printing law as well. I think this is in the "gray areas" that wind up in front of jury members.

Maybe we can get an attorney to comment. You sure bring up some things to think about.

 

[Steve48]

With respect to the holster, I think FLRon got it right.

 

[SGB]

So would that mean when I see a person who is "printing" with something that is obviously a firearm, they are breaking the law?

If the firearm is printing so badly that it is obviously a firearm to anyone who views it then yes it would not be concealed, but merely covered

 

[Cthulhu]

It's my experience that those unfamiliar with firearms or the concealed carry of same for self-defense wouldn't know if you exposed a holster unless you took it off and smacked 'em around with it a bit.

And even then, unless there's a gun in it, they may not figure it out.

-JT

 

[capngeo]

Somewhere I remember reading case law about a guy with an OWB that got exposed when he reached for something... His case was dismissed because in "ordinary" circumstances it was not visible. I wish I could cite the case, but I cannot find it.

I wear an ankle rig a lot when riding the bike. Walking is fine, but riding at speed it prints like crazy as the wind plasters the fabric tight. So far it has not prompted a LEO to investigate my "status".