Open carry - liabilities [Archive] - Glock Talk

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jack76590
04-26-2011, 21:04
Open carry, as you know, has become a hot political topic. Sometimes arguments approach the religious. My question is not written to go down that route, unless you want to go there.

My question is part of the old question of what can make you look bad before a jury. The old reloads, custom gun, light trigger, extra gun, extra mag, lot of ammo in basement, etc.

For instance person has been known to open carry frequently, if not all the time. As in neighbors see person open carrying almost every day and its surprising how neighbors talk.

If this "open carry advocate" had to defend himself is his history of open carry something you would expect to be used against him?

Mas Ayoob
04-27-2011, 16:41
I would definitely expect opposing counsel to demonize the practice, and to make the open-carrying defendant look like a gun-obsessed psycho looking for a fight. (Of course, to some degree, they'll do that anyway, even to the concealed carry permit holder.)

A bigger concern to me -- and the invisible elephant in the OC room that no one wants to talk about -- is that any Adam Henry who wants to make trouble for you and sees you openly carrying a gun, now has a hook he can use. He calls 9-1-1 and says, "Jack just pulled a gun on me for nothing! I want him arrested! I'll sign the complaint! It looked like one of those Glocks the cops carry on CSI, and he pulled it out of a plastic holster on his right hip."

Officers respond and find you with a Glock in a SERPA on your right hip. There are no witnesses. It's "he said/she said," and what he said sounds awfully credible.

Kudos to you for thinking ahead on the details,
Mas

jack76590
04-27-2011, 19:40
Excellent point about someone falsely accusing an OC person of pulling gun.

A false accuser who says someone pulled a gun because he saw NRA or other sticker on a vehicle is less likely to be successful, than accuser of OC person. When OC person is involved the false assurer is number one sure there is a gun present to support his false accusation, plus he can, as you point out describe the gun and holster.

Plus, I believe most of us will several times in our life be involved in at least minor verbal heated exchanges. At least heated on part of other person. Fender benders and traffic problems are high on this list. This is not generally a time I want to be carrying openly. Concealed might be nice however, but I want it already concealed and not be seen reaching for a gun as I get out of the vehicle.

I also believe a person who holds or is eligible for a concealed carry permit and continues to OC may well look worse in the eyes of a jury than an OC person who does not have the concealed carry option, because of no shall issue laws. This person who OC when he can conceal carry may be regarded as someone who wants to show off, threaten, etc.

But at the end of the day I hope OC continues to be permitted. If for no other reason than if I print or my carry garment is pulled up I will still be legal.

Mas Ayoob
04-27-2011, 20:32
But at the end of the day I hope OC continues to be permitted. If for no other reason than if I print or my carry garment is pulled up I will still be legal.

I totally agree with you, Jack.

I would personally like to see OC legal in all 50 states, partly for the reason you just cited, and partly because it gives an option to the stalking victim or death threat victim new to carrying a gun, who doesn't have time for a CCW application to go through bureacratic channels.

OC-ing in the past few weeks in Nevada, Indiana, Tennessee, Kentucky, and Georgia (something I do on occasion just to see if moods are changing on this among the general populace), I still prefer to carry concealed when I'm not required to wear uniform, gun, and badge. Recent events in Philadelphia, for instance (a GT search is in order for anyone who hasn't followed it; be prepared to budget some time) show that what flies in Prescott or Tombstone, Arizona may not be the best choice at this time in some other places.

best,
Mas