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Exposed holster?

2350 Views 8 Replies 7 Participants Last post by  capngeo
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.
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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.
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