Open carry........am I legal ?

[Rod Snell]

Like many other things, if nobody notices you are carrying a gun in your hand, there is no immediate issue.
However, if somebody DOES notice you are carrying a gun in your hand, then it can be taken that you have drawn the gun.
As emphasized in SDA classes and OK law, drawing a gun in public can be construed as a crime, even if you make no threat, depending on the circumstances.
IANAL. A lawyer who does talks in SDA classes here in Oklahoma says don't draw a gun in public unless you must use it.

I have one of the Kramer holster shirts rickm referred to above, and it a reasonable and affordable way to comply with the letter of the law. Why ask for trouble?

 

[excat]

Instead of worrying about it being legal or not, why don't you worry about weather it is smart or not? It sounds like you are trying to find a work around for a simple fix...change your clothes. In no way does it seems logically safe or smart to walk around with a holstered weapon in your hand under most any circumstances. All that is doing is opening yourself up to being another one of those people you see on the news where other gun owners are nodding their head saying... "Why?"

Stupid things happen to people that put their self in stupid situations, even more so when you do it voluntarily (be it honest intentions or not)....watch the news for 5 minutes.

Most people carry in preparation for an event of needing to protect your life or loved ones, hoping you never need to use it. Thankfully, most people never need to use them either. You probably have a 1000%+ higher chance of talking to a random person, or an officer stopping to talk to you, than actually needing to use your weapon for defense. The first time you are walking around and you interact with someone and they see you walking around with a gun in your hand (legal or not), I would not want to be in your shoes for the probable ensuing events in modern day society. Talk about a good way to mess up a morning walk.


(I'm not trying to be rude OP, but this just seems really... really... dumb. Legal or not. Even if it is legal, not all things legal are anywhere near smart.)

What I may suggest is looking into one of those under shirts that have the built in holsters, or something of the like. It sounds like it would be a really good application for it in your situation.
http://www.511tactical.eu/holster-shirt.html

 

[zghorner]

this is also an option...I have one In od green for my 1911 and it is a very nice holster. Long wait time though.

http://www.survivalsheath.com/holsters/index.htm

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[Hangfire]

I've only had one possible 'maybe' incident while walking early in the older neighbor hood I walk in.

A rather beat up vehicle with the windows open turned the corner headed towards me about 75 yds. away and when it saw me in the headlights it slowed down to a crawl and kept advancing. Judging by the music on the radio and the language being spoken the three people inside seemed to be of Latino descent.

At the time I was pocket carrying the .380 LCP (and feeling way under gunned) and when they got within 25 yds., of me I kept walking but slid my hand into my pocket and kept it there, which was very plain to see from that distance and with me in their headlights. I heard talking back and forth and they sped up and kept moving.

We'll never know for sure but do I think they were only about to invite me for donuts and coffee at Krispy Kreme ? No.

Do I feel they were up to no good and when seeing my hand reach into my pocket and stay there did they think that I may have been more trouble than I was worth ? Yes.

Thanks for all the comments and heads up on the t-shirts with the built in holster, I look into them.

 

[jhat]

TITLE 21 § 1290.2 DEFINITIONS
A. As used in the Oklahoma Self-Defense Act:
1. “Concealed handgun” means a loaded or unloaded pistol the presence of which is not openly discernible to the ordinary observation of a reasonable person;
2. “Unconcealed handgun” means a loaded or unloaded pistol carried upon the person in a belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible;


In my opinion, illegal or not, carrying it in your hand is a bad idea for many reasons.

Have you tried carrying the airweight in your back pocket??

Is there some reason you can't carry openly in a normal holster?

The concealed language would be open to interpretation and appellate courts like to intrepret statutes in a manner that will not lead to absurd results. They try to intrepret what the legislative intent is. I don't believe an appellate court would approve of great numbers of people walking around with loaded pistols in their hands. I would not want to be the test case.

 

[HiredHand]

Maybe you could use the bag trick. http://www.activeresponsetraining.net/the-bag-trick-how-to-easily-conceal-a-weapon-in-public

 

[somarsmi]

Go get your self a fanny pack.

 

[steelfingers]

Carrying in your plam is not legal according to the OSBI. The OFA is confusing and I called the OSBI legal department for clarification. The lady I spoke with was very sharp and said to carry in your hand is not allowed.

 

[doctorjj]

Carrying in your plam is not legal according to the OSBI. The OFA is confusing and I called the OSBI legal department for clarification. The lady I spoke with was very sharp and said to carry in your hand is not allowed.

There's your answer for all practical purposes. Although I disagree with her assessment, as the law is currently written, if they are the ones who will determine if they want to prosecute you, then I wouldn't want to be the test case. I disagree with all kinds of interpretations by the ATF, but I'm not going to go against what they say since they control who they prosecute.

 

[HiredHand]

I'd probably give a real shoulder holster a try before using a t-shirt with a built in holster.