is partial view from under shirt legal?

[scinmyheart]

I'm unsure about the law and how it's viewed in the following situation...and it may not matter since open carry is allowed with a permit, but I'm not sure.  With a hip holster and wearing a shirt that does not completely cover all of the holster at all times.  Does it matter?  Granted, if I were to have the shirt on the underside of the weapon, it would then be considered truly open carry.  And if the shirt, at all times no matter what, covered the holster completely, then it would be considered concealed.  With a valid permit, either choice is okay.  But what about a sometimes "half and half" where, depending upon what you were doing, part of the weapon would be exposed.  Is that a big deal in that I would need to either have it completely one way or the other, or is "a glimpse" every now and then okay when pulling billfold out of pocket, etc.  I'm not wanting to get into the advantages/disadvantages of cc vs. oc, worrying about what somebody thinks, etc but just the legal aspect of it...thanks  

 

edit:  I do have a valid permit       

Edited May 20, 2013 by scinmyheart

[Spots]

It is legal with a permit

Sent from the backwoods of Nowhere

[JGunner]

I am not a lawyer. This is not legal advice.

That being said, its perfectly legal to have part of your gun exposed in TN while carrying (if you have a permit). If you don't have a permit, then no form of carry is ok in public. (although you can transport your gun to the range / hunting / etc ... without a permit).

[TGO David]

TN's permit is not a concealment permit.  It is a carry permit.  Some states get worked up about what you're describing but TN doesn't.

[Guest RedLights&Sirens]

Thankfully it is because my shirts and coats always ride up and shirts almost always print. In my home state of Comunesticut, concealed means CONCEALED and printing equals jail.

Regarding their commie laws, your not even allowed to hold a handgun at an FFL without a permit there. I about s#!t bricks when I moved here and learned how relaxed the laws are. Well minus that "intent to go armed" thing. Edited May 20, 2013 by RedLights&Sirens

[scinmyheart]

thanks y'all...the pressure has been lifted...long live Tennessee

[bigwakes]

I was in a class with the Williamson county assistant DA a few years ago. His take is that TN decided on open carry so people didn't go to jail for printing or occasionally showing a concealed weapon the way some commie states do things.

[nightrunner]

In Texas, if your shirt rides up and shows your gun its considered brandishing a firearm. So glad we dont have that problem in good ole Tennessee.

[Guest RedLights&Sirens]

In Texas, if your shirt rides up and shows your gun its considered brandishing a firearm. So glad we dont have that problem in good ole Tennessee.

I have no doubt that Texas is a great state but occasionaly I hear people brag like they have the best pro gun laws. I just dont get it.

[daddyo]

I was at Five Guys one day last week and saw someone who was carrying OWB with a tight fitting knit shirt pulled halfway down over his rig. While people have the right to carry the way they choose, I'd rather see someone carry openly than make a half assed attempt at concealment.

[JayC]

Just like the same people like to brag that TN is a great state with pro gun laws...  I've just gotten use to rolling my eyes ;)

 

I have no doubt that Texas is a great state but occasionaly I hear people brag like they have the best pro gun laws. I just dont get it.

 

[Mousegun]

As stated before, Tn. is a "carry state" and it is your choice if you want to conceal or open carry   ----   BUT   ---- It is a very good idea to assess the situation before deciding to open carry.

 

For example, here in East Tennessee where I am, there are a lot of people from other states (me being one of them) that do not have the same carry laws, if any at all, as we do.  The call, "man with a gun" can get you plastered against a wall or the like when a LEO that may not feel the same way about open carry or not even know the law comes on board.  This did happen to a person I know.

 

Now anyone can jump on the bandwagon and say LAW SUIT in their loudest voice but is it worth it?  That is a choice, but IMHO that would not help anything.

 

Some may also say, "we should educate the public".  I have also heard that before.  I guess if you want to go on a self education program, again, it is another choice.

 

We don't have a group as active as the VCDL (Virgina Citizen's Defense League) where people come from all over the state in numbers and go to places open carrying to show the population that the man with a gun is not a terrorist and will in fact help little old ladies across the street.

 

I have heard that west of Nasville and somewhat east of Memphis, it is not uncomon for someone to be seen open carrying.  That is a geographical condition or conditioning.

 

I do not open carry but I also don't kill myself to hide my firearm either.  I have an outside the waistband holster for my Springfield XDS 45 that I cover with a "T" shirt and I have never been questioned so far.  If I do, I will simply say it is my "HELL PHONE". :rofl:

[DWARREN123]

Tennessee has a HCP, Handgun Carry Permit. Concealed/Open carry does not matter. Must have an HCP to carry period.

[jughead]

been through this 2 times since i got my permit. both were state troopers. one even unloaded my weapon and told me to put it under the seat.. last one was discussed rather warmly after he told me he was not going to write me. would have been rather expensive for what i was doing no excuses.

[chances R]

Thankfully it is because my shirts and coats always ride up and shirts almost always print. In my home state of Comunesticut, concealed means CONCEALED and printing equals jail.

Regarding their commie laws, your not even allowed to hold a handgun at an FFL without a permit there. I about s#!t bricks when I moved here and learned how relaxed the laws are. Well minus that "intent to go armed" thing.

 

And that's the point....'relaxed laws'.  In this situation laws result in infringement.  I understand what you are saying in comparison to Conn., but people get so accustomed to handgun restrictions, they feel it is the norm when it shouldn't be.  From my point of view, even TN is more restrictive than what it should be.  We need to be pushing for the 'right to carry' state.

[Volzfan]

I'm happy that our law is as it is and that accidental exposure isn't a crime.

Constitutional carry is where we should be but we are not there yet. We have to live with what we have unless someone wants to be a test case and have the money to fund that. I don't have that kind of cash! The NRA should use all of that money they spend on mailings to fund such a case!

[glowdotGlock]

When I first saw this I read "is partial view from under skirt legal" :p

[Dane]

While it is legal in TN to open carry I had an incident where a customer carried into the place I worked with a IWB holster and his shirt tucked behind it. The manager working for me called in a man with a gun. By her perspective it appeared the man was Mexican carrying and made her nervous. Many other times we have had people OC in a holster designed for such without incident. I supported her decision and when the guy called me with the obligatory "OC is legal" call the next day we had a short discussion of using the appropriate holster for the type of carry. I think he was a bit embarrassed about the incident because the PD did not handle it well.


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[JayC]

If somebody has a handgun in a holster, the chances that they are illegally carrying are nearly zero.  I've done a number of searches, and I'm only aware of 2 times charges being filed, and both appear to have been technical violations, one the man was carrying on a recently expired HCP, and the charges were dismissed, and the other was a guy who had his permit revoked for failure to pay child support.  I've yet to meet a police officer who arrested somebody illegally carrying a firearm in a holster on their belt.  

 

People who open carry just aren't a threat, I too would be upset if a 'carry supporter' called the police because of some irrational fear, at least you can't expect sheeple to freak out, but a gun guy should know facts and react rationally.

 

While it is legal in TN to open carry I had an incident where a customer carried into the place I worked with a IWB holster and his shirt tucked behind it. The manager working for me called in a man with a gun. By her perspective it appeared the man was Mexican carrying and made her nervous. Many other times we have had people OC in a holster designed for such without incident. I supported her decision and when the guy called me with the obligatory "OC is legal" call the next day we had a short discussion of using the appropriate holster for the type of carry. I think he was a bit embarrassed about the incident because the PD did not handle it well.


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[Oh Shoot]

While it is legal in TN to open carry I had an incident where a customer carried into the place I worked with a IWB holster and his shirt tucked behind it. The manager working for me called in a man with a gun. By her perspective it appeared the man was Mexican carrying and made her nervous. Many other times we have had people OC in a holster designed for such without incident. I supported her decision and when the guy called me with the obligatory "OC is legal" call the next day we had a short discussion of using the appropriate holster for the type of carry. I think he was a bit embarrassed about the incident because the PD did not handle it well.

 

Before they changed the carry laws regarding bars in VA about a year ago, concealed permit holders did that regularly, as it was only legal to open carry in alcohol serving establishments. They called it the Virginia Tuck. :)

 

- OS

Edited May 23, 2013 by Oh Shoot

[10-Ring]

I'm a skinny guy and have a hard time concealing without a winter coat.  I OC at work but when I go into town it gets covered with a T-shirt most of the time.  I don't worry about it.  No one has ever said anything.  It's pretty obvious and noticeable but most people don't pay attention anyway.  It's surprising how many people don't even pay attention when you are OCing. 

[MattCary]

When I first saw this I read "is partial view from under skirt legal" :P

 

LOL!

 

Freud much?