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This is (some pic) of the holster for a Walther PP I carry sometimes...

Always wondered if it could still be argued concealed in a full covering holster visible off my hip.

wal.jpeg
 
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.
This is a great question. Watching in case anyone offers a legal definition rather than their thoughts.

Not that anyone's thoughts aren't worth while but I'm curious about the legal ramifications.

Now let's all look at it from another perspective.

Let's say you don't have a chl and only allowed open carry.
What would a DA think then? The weapon cannot actually be seen.

Can't find the law yet.


"Firearms carried openly in belt holsters are not concealed within the meaning of this section."

ORS 166.250(3)

I saw that. But it's using "Openly" again.
 
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While I am NOT an attorney (both my parents were married to each other at my birth) I will hazard an opinion based on my time in law enforcement. The holster shown should not be considered a "concealed" carry since it is obvious to a knowledgeable person that it is a "carrier" of a pistol. Concealed carry is an active effort to keep a weapon from being seen by both "knowledgeable and unknowing" persons. Intent is not part of the issue. Please don't consider this as legal advice.
 
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The holster shown should not be considered a "concealed" carry since it is obvious to a knowledgeable person that it is a "carrier" of a pistol.
I agree but there are a lot of 'UN-knowledgeable' people out there as well and I suspect this could influence the legal definition of holster and potentially how much of the gun needs to be exposed to identify it to ALL people.

IDK - just speculation is all.
 
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Like Paul Harrell says, you should consult an attorney on the interpretation of the law by local LEOs and DAs.
Nope! Lawyers will give you opinions based on their interpretations of the law as written.
I agree but there are a lot of 'UN-knowledgeable' people out there as well and I suspect this could influence the legal definition of holster and potentially how much of the gun needs to be exposed to identify it to ALL people.

IDK - just speculation is all.
Actually, I included that word for a specific reason. Laws are generally based on old English common law and common understanding. As a result of MY definition, I'm assuming that an unknowing person, (child, democrat, mentally slow) could assume that either everything was a holster or nothing was a holster. There is no question that there are lots of folks with little or no knowledge of firearm accoutrements, but laws concerning specifics are usually written for those that know. Ignorance of the law is not an excuse for violating it.
 

thorborg

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So, you are invalidating all Sneaky Peat holsters they claim are "Legal" concealment (though not gun shaped) while many "knowledgeable" gun folks can readily identify them for what they are.
Like all laws, Interpretation rules the day, you are rather at the mercy of the DA, Judge, and the effectiveness of your lawyer at that particular time. Right or wrong usually is notwithstanding, if not moot.
 
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