Concealed Question - looking for input

[AEA]

OK, I know the rules.......
I know what "Printing" is and I know that as long as the Pistol is not visible, I am not in violation of any concealment requirements.
I also know that the unintentional display of the Pistol itself is also not a violation.

I have actually left my Pistol in the car on a few occasions and entered a business with my empty holster and loaded mags visible and I know that is also not a violation. I don't like doing it because it "screams" gun in the car ready to steal! I normally only do it when at the Barber Shop where I remove my cover garment and I can see my car thru the window. I usually have the BUG in the ankle holster anyway.

I am considering a new "style" of carry for evening wear that I believe will be within the law but I would like to know what others on this board think about it.

Attached is a picture of a Custom Deputy Marshall Gunbelt Rig from Kirkpatrick Leather in Laredo, TX. It is worn on the outside of your regular belt (above or below). I am considering wearing this Rig under a Western Style Sport Coat when going out to Dinner in the cooler Months. The Sport Coat would be open in the front and the Belt and Buckle would be visible. Depending on how I move or how I am sitting, the bottom edge of the holster may in fact be visible at times below the bottom edge of the Sport Coat.

In other words, it is just like an Old West Gunbelt Rig (without the dropped holster). It is easy to put on and take off. As long as it remains covered enough that the Pistol is not visible I believe that I would be within the Law.

My question is..........Do you agree with me that I would be within the Law wearing it in the manner I described?

[barres]

GC §411.171. DEFINITIONS. In this subchapter:
(3) "Concealed handgun" means a handgun, the presence of
which is not openly discernible to the ordinary observation of a reasonable
person.

The question is, would a reasonable person recognize the bottom of the holster as a gun holster and discern that the gun is there. Then you have the question of would they be able to observe whether or not the gun was actually in the holster. The answer to the second question is most likely not, at least not with any certainty. But I sure bet you'd draw some unwanted attention from police officers, if you weren't careful. I still think it would be legal though, because there would be no way for a reasonable person to openly discern whether the bit of holster they saw was a pistol holster, or a knife holster, or a colostomy bag, or...

Just my opinion.

[The Annoyed Man]

IMHO, you would be really pushing the limits, and you'll get rousted by more cops than you care for. It's a beautiful holster, but I wouldn't do it. It just doesn't seem wise to me.

[AEA]

I hope that the 3 persons (and any others) that selected NOT Legal would offer their reasoning rather than just ticking the Poll and moving on...........

[srothstein]

Well, I made it 5 that say not legal. I think the holster sticking out would scream gun enough that it would be considered plainly discernible to the average person.

But I am willing to admit that I could be wrong. it would be an interesting court case that I would like to watch, but not interesting enough that I want to be in it.

[nuparadigm]

....it would be an interesting court case that I would like to watch, but not interesting enough that I want to be in it.

This is true for me as well. OP: please let us know if you actually end-up carrying this way. Whether or not you are busted for intentionally failing to conceal, I would (at least) be interested to hear of the general public's responses (or lack of them).

[bdickens]

Now, correct me if I'm wrong, but "intentional failure to conceal" means that you have to be showing the gun, does it not?

As an aside: Man, that is an awesome looking rig; almost makes me wish for open carry.

[Jeremae]

Now THAT is a barbeque rig

If by western style jacket you mean a duster No Problem.

It looks to me like that would ride just like most owb holsters and if you wore it above your pants belt you should not have any more problem concealing it.

My problem would be after paying the money for something so beautiful, I would want everyone to see it.

[Smokewagon]

I say legal. But pushing the envelope.

[nuparadigm]

Now, correct me if I'm wrong, but "intentional failure to conceal" means that you have to be showing the gun, does it not? ...

I believe that all of us on the board know that he would not intentionally fail to conceal. An officer, however, may regard the display of the bottom part of a holster as being intentional, make the arrest and intend to let a judge sort it out.

[longtooth]

i said legal. If the belt is riding above your pants belt then it will be higher than a 5" gun on your belt. I think it will conceal better than you think. If you try it I would like to see some pics w/ it on & your cover.
What I do see is if the belt is not in your loops. Draw might raise the belt some before gun comes out.

On the "seeing the bottom of the holster" question. I remember that being a real stickler w/ the Lubbock Police right after CC became legal.
I think the concealed in a gun rug argument was about the same time. Dont know that anyone ever got arrested for it but in one of the gun shops I read the article that Chief said if it was a discernable known gun holder they were not going to consider it concealed. Holsters or gun rugs were the only things in question that I remember.

[slowpoke]

Legal, but you may be seeing a Judge before long.

[bryang]

I voted "NOT" but that is just my opinion. Probably to the casual observer they would not know what it was, but to LEO he probably would know. Either way I do think it is pushing the limit. But, man that sure is a nice rig! Like someone has already said, that is to nice to have to cover up! Good luck, let us know if you do decide to ware it and some pictures.

-geo

[AEA]

All good posts......thanks for all the input......

Also, thanks for the compliments on the holster rig itself. Yes, it is a nice one with a pretty high price as well since it is all hand made and all hand tooled.

I originally ordered this rig to be ready in case OC is passed in 2009. But, I am thinking that I might be able to wear it before then as I described.

I will try it out at home and see how I feel about it. I don't get out much anyway, and most probably if I were out with it, it would not be in a very large urban area. I dunno......we shall see.......

Again thanks for the input.

[jbirds1210]

There are too many comfortable ways to carry a gun without showing the holster. IMO (unless you are trying to prove a point) it is asking for trouble. You might grow tired of explaining yourself.

Jason