Transitioning from concealed to open carry

Legal & Second Amendment
1

I have a question that probably has already been answered, but I cannot find it, so I am asking it now.

I always carry strong side, out the waist band, with a shirt or jacket covering my firearm, if a situation starts to get questionable, when can you transition from concealed carry to open carry, by lifting your cover, without touching the firearm, and tucking your cover between the firearm and your body, and not be charged with assault with a deadly weapon or brandishing a firearm?

I have “heard” about individuals being charged with assault by simply pulling a firearm, even though the firearm was never directed at anyone.

I believe that this step could mitigate a possible shooting, or do you wait until all other avenues have been exhausted, and you are in immanent threat of bodily injury and/or death, at which point you have to defend yourself with a shooting.

I know each situation is different, I just want to know, that if you go from concealed carry to open carry, is the transition considered a chargeable offence?

thank you for any and all inputs,

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2

I think showing someone your firearm is considered an escalation in criminal violence unless they ask you to see it.

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3

I feel the opposite. It doesn’t seem like a citizen job to scare bad guys out of acting badly…while offering them a clean target from whom they may gain a loaded firearm.

Unless you’re hiking, hunting, etc…keep your loaded firearm knowledge to yourself. Use it if you need it. Otherwise, you’re making yourself a target, and possibly creating a shooting incident for those around you.

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4

It also depends what state you are in. Here in Illinois, you can get charged just for being ‘open carry’. Where in some other states, what you are describing probably is no big deal.

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Showing a weapon is not an effective way of de-escalating a situation. There are a lot of goofy people walking around today. Some have a weapon, and some don’t.

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6

Don’t transition from concealed to open carry.

Transition from concealed to shooting in self-defense.

There’s no turning back.

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7

In Colorado, the applicable criminal statute is menacing. In some jurisdictions, it might be called “brandishing.” Whether someone is charged with this crime depends on the circumstances in which the police are involved and the prosecutor’s discretion.

## 18-3-206. Menacing.

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 1 misdemeanor, but it is a class 5 felony if committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon.

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8

The transition goes from concealed to presenting the firearm with intent to shoot. Don’t mess around with uncovering / displaying firearm, there is always a jackass that will escalate the confrontation just to see what you’ll do. Also, depending on the mood of the cops that arrive later you can be charged with brandishing or menacing.

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Frank 2-4-6-8 We Appreciate you Brother
Welcome back good post
I tend to agree with Ray PT-109!

We could recite chapter n Verse for OUR neck of the woods it would behoove you to see your Local Laws, Restrictions, possibilities.
Always GREAT to ask Questions Bruh. It doesn’t matter if they’ve been asked before, YOU NEED TO KNOW SO KEEP ASKING

And THERE IT IS (for me also) When I Open Carry I open carry, I don’t mess with ‘Transitioning’ It’s either one or the other.

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10

I wouldnt do it, I was coming out of the local Krogers store just yesterday and a guy got out of his Chrysler 300 with his handgun just shining for all to see but I thought to myself wonder why he has that thing like that? Is he a cop? Sure parked like one as if he owned the place. I’m not putting any one down for OCn but I have no idea why someone would carry like that because every incident you might think you’re stopping I’ figure there’s about as much people who will challenge you if they are drunk or feel like showing off in front of others. Just one man’s

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11

I can legally open carry in my State (NC) but I never see anyone doing so. I’d rather carry concealed cuz I think open carry is an invitation to unwanted attention.
I’m not good at small talk and I would prolly end up firing warning shots to keep people from approaching and asking me stoopid questions
BANG BANG! Move away!

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12

A lot of legal wessle words but in there somewhere it says you can “draw or exhibit” a weapon if you reasonably believe your in real trouble…

Index Utah Code
Title 76 Utah Criminal Code
Chapter 10 Offenses Against Public Health, Safety, Welfare, and Morals
Part 5 Weapons
Section 506 Threatening with or using dangerous weapon in fight or quarrel.

(Effective 5/14/2019)|

Effective 5/14/2019
76-10-506. Threatening with or using dangerous weapon in fight or quarrel.

(1) As used in this section:

(a) “Dangerous weapon” means an item that in the manner of its use or intended use is capable of causing death or serious bodily injury. The following factors shall be used in determining whether an item, object, or thing is a dangerous weapon:

(i) the character of the instrument, object, or thing;

(ii) the character of the wound produced, if any; and

(iii) the manner in which the instrument, object, or thing was exhibited or used.

(b) “Threatening manner” does not include:

(i) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or

(ii) informing another of the actor’s possession of a deadly weapon to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(3)(a).

(2) Except as otherwise provided in Section 76-2-402 and for an individual described in Section 76-10-503, an individual who, in the presence of two or more individuals, and not amounting to a violation of Section 76-5-103, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.

(3) This section does not apply to an individual who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another’s use of unlawful force:

(a) threatens the use of a dangerous weapon; or

(b) draws or exhibits a dangerous weapon.

(4) This section does not apply to an individual listed in Subsections 76-10-523(1)(a) through (f) in performance of the individual’s duties.

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lol ! I’d say ur right about that, open carrying is asking for trouble in so many ways a body can’t even count them. You can do it here to and you don’t even have to have a permit to conceal here anymore…

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14

When I carried concealed in New York State some fifty years ago, lifting clothing to expose a firearm was considered “brandishing.”

It was a felony back then as it was thought of as a form threatening.

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15

I live in the great state of Alabama, and every day I see people with a firearm on their hip, in the south it seems more acceptable than up north to open carry, if I go to a swap meet in the southern states, I’d bet that 10% of the people open carry, and I appreciate them for doing that, a lot of times I will take off my flannel shirt, that was concealing my gun, and carry it, now I am open carrying, I have never had an issue, I just wanted to hear some input on a different situation when you go from concealed to open carry

Thank you everyone for the responses and remember:

A right not used or exercised is a right lost

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16

Although I appreciate the right to open carry, I would never “transition” to it. Personally I prefer the covert method. Like the Little deuce coupe, You don’t know what I got!

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17

I can legally open carry in my State (WI) but I have only seen it once.

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18

Yes look above. :point_up: It is our 2nd Amendment right. Don’t turn this into rocket science.

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19

Yea maybe so but many-a-person get charged with brandishing to . And people say if you draw you better shoot and some say if you shoot empty the thing in the BG and beat him about the head with the slide and then shove the thing up his ass and kick the grip slabs off of it lol