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"Brandishing" or exposing

9246 Views 15 Replies 6 Participants Last post by  Jeff Johnson
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Anyone had any problems with accidentally exposing there gun? If so what actions were taken.
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Since both concealed and open carry are legal with a Concealed Firearm Permit, I don't think you can actually get into trouble for accidentally exposing your firearm. The only law that even remotely applies is 76-10-506, in which case you'd have to purposefully expose or draw your weapon while not actually needing to defend yourself.

As far as carrying open, I've done it on only a few occasions, mostly when in the wilderness when it's the least likely that another person would see me, and probably also the least likely that I'd need better access to my handgun. I did once come across a hiker while carrying open, and while I'm pretty sure he noticed that I was doing so, he didn't say anything about it or even look at me funny.
I used to own a repossession company in Utah and I carried openly in plain clothes all the time. I never was harrased or questioned by LEO's however I got some wierd looks from private citizens.

I would say it is best to keep it concealed as well as possible and I would not suggest carrying openly all the time like I did a few years back. However, I would say if you are seen by someone carrying and the police are called plan on being treated like a felon untill they know you have your CFP.
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Well i asked because i read something about brandinshing being bad. We learned in my concealed carry class, that you cannot accidentally brandish your weapon. The dictionary says brandishing is " to display in a threatening manner" so i wasn't sure.

I didn't know open carry was legal here. My uncle said he used to a while ago, but said he didn't think you could anymore.
numbakrunch said:
I didn't know open carry was legal here. My uncle said he used to a while ago, but said he didn't think you could anymore.
Yes it is quite legal. If you have a permit, then you can have it "legally" loaded, if not (no CFP) you must have your firearm in a condition where it takes two (2) actions to fire it:

Not Chambered for Semi-auto < You CAN have the loaded mag in.
No round in cylinder next up on Revolver.

I think you can not have a round in the cylinder under the hammer on a revolver either, though this make no sense to me as my revolver could not fire that round.. Besides, on my revolver that would make it a "Three shot". Sheesh!
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Well thanks, thats good to know.

I think I'll leave the open carry for camping and go concealed in the city.

numbakrunch is my name on another sight. I got confused and typed in the wrong name.
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I spoke with a local SLPD officer the other day about this actually. As others have stated open carry is legal, as long as it is not chambered, and even that is void if you are permit holder. However, the officer I spoke with stated that it would not be a very good idea, considering every bock you are seen there will 5 paranoid people calling the cops complaining about a man with a gun. And as one offier put it, it would be a VERY interesting way to spend an evening, and a good way to meet EVERY cop in the surounding area.

BTW, I'm new to the board, hello everyone. I'm glad to find out that this board exists to people to educate themselves, and meet new people. I wish I would have known about this board 2 weeks ago. I just spent a weekend up at Strawberry Res. for some camping and shooting with the locals off another message board, www.thehighroah.org. Check it out if you get a chance.
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I had a breeze lift my sport coat at the zoo. Some coeds so it.
One freaked, the other said "Don't worry, he's a cop... he has a holster."

Coeds.
Gotta love them.

:wink:
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Holsters are now LE only too? man, we're losing everything to the cops. First hi-cap mags, now holsters... :lol:

I think that is common beleif when people see a holstered gun. Something along the lines of "Only cops can do that". Kind of reassuring as far as people not freaking out, but it's sad to see that so many people have no clue.
:idea: Actually, if someone has a holster, you have to figure they're okay. A punk with a gun isn't likely to go out and spend a lot of cash on a good holster when he is going to have to throw it away in a tight spot. Then he'd have to ditch his holster also! :roll: Another good reason for having a good holster. 8)
So if Im a holster maker.....then is that the same as the Chief of Police? :D

Sorry, I had to post something..........:D

Shoot wel.
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Very interesting topic. Hopefully my solution will help. I've had my CCP for almost ten years now and have accidently "exposed" my weapon on numerous occasions. The first time it happened, I was also mistaken as an "off-duty" or "undercover" police officer, to which I did not reply as to avoid confrontation. Then one day shortly after my exposure incident, I saw an ad in the back of one of my gun magazines about a "concealed carry" badge. This got me thinking so I ordered one. What I received was a very high quality badge that, unless you're reading it from a foot away, looks like a police badge. The badge is extremely high quality and heavy just like a law enforcement badge. On the front of the badge it says, "Concealed Carry Permit holder". I have my CCP badge on a belt-clip holder that I clip onto my belt right next to my gun when I'm carrying. On several occasions where I have had my shirt blow up, or leaned over a little too far, and my gun has been exposed, the reaction from those who have seen my badge and gun has been, basically, no reaction at all. I can only attribute this to the fact that they think I'm a police officer. For me, the badge has worked for over 9 years now and I've even gotten positive comments from police officers. Of course if you decide to get a CCP badge, you can never, and I do mean never, use it to identify yourself as a cop. This will get you a very long stay at the point-of-the-mountain penitentiary and thus, you will lose your carry rights forever. One added bonus to the badge, if you ever get into a situation where you have to use your gun and the police arrive at the scene while guns are drawn, the badge just might save you from being shot by the good guys. I mean, think about it, a police officer arriving on scene doesn't know who the "bad guy" is......the badge might make him think before he acts. Hope this helps. - VP
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IANAL: and maybe Clark Aposhian can chime in here, but I don't think I'll be getting one. I don't want to start a fuss over this either, but there is a need for a little caution.

This "Badge" thing gets beat to death every time it comes up on all the forums. There have been problems other places with these badges and with perceived "impersonating a police officer" which will get you in really hot water. Even when you are not actually claiming to be one, if the cop thinks your are trying to leave that impression, you may get a ride to the station and a lawyer fee.

Here in Utah we have had several times in the last few years where police "Paraphernalia" has been seen and the individual gets arrested.

Before dropping a wad on the badge, there may need to be some research done as to what Utah police will do when they see it.
I've read many discussions on various forums about such CCW badges. The nearly uniform consensus in all such discussions, which I agree with, is that CCW badges are not a terribly good idea. I just don't want to risk giving the appearance of being a Cop-Wannabe, and I certainly don't want to risk being accused of impersonating a police officer.

If this were Texas, where exposing the gun is a crime, I would worry a lot more about accidental exposure.

However, accidental exposure is no biggie here in Utah, since open-carry of a loaded gun is perfectly legal if you have a CFP. If you don't have a CFP, then it must be technically unloaded to be legal.
I have a badge and have to resist the urge to pull people for going 40 in the fast lane. I envision myself saying "UTAH CCW- GET OUT OFTHE CAR NOW!!" OK I am kidding. I do not get worked up one way or the other on badges, as long as you are not impersonating an LEO- No worries.

Open carry- with all due respect to my LEO friends, almost without exception when the post starts out, " i just spoke with my friend who works for XYZ Police Dept" I know there will be some correcting needed. An earlier post is no different. I and others on this thread have open carried, myself for many , many years and not had any calls, freak outs, hand wringing of those who saw me etc.... and I carry everywhere openly, when it is 100 degrees and up. Tactically it is not the best, always looking over your shoulder in line at the store etc... especially with a level 1 or less retention holster. But is better than not carrying which is what I would do if I HAD to conceal it on those hot and sweaty days.

Sincerely,
W' Clark Aposhian
PS I still haven't heard from CNN as to when they will aire an interview they did with me for Newsnight with Aaron Brown. I''' try and let you know when I know.
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W. Clark Aposhian said:
I have a badge and have to resist the urge to pull people for going 40 in the fast lane. I envision myself saying "UTAH CCW- GET OUT OFTHE CAR NOW!!" OK I am kidding.
...


Actually, for those situations, I'm hoping to get a missle launcher mounted to the side of my car, so I can just blow them out of the fast lane... :lol:
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