Would This Be Considered OC?

[svana]

Hi everybody, my name is Sam, new to the forum. My understanding of VA law is that one is allowed to CC in an establishment that serves alcohol, but if one consumes an alcoholic beverage they are required to OC. So my proposed situation is this: If you are sitting down and have an IWB holster with your shirt tucked behind the firearm, would it be considered OC if the chair may obstruct "plain view" of the firearm? Now what if you had a jacket that you put over the back of the chair that further obstructed the view of the firearm from the rear of the chair but not from the side of the chair?

[SHMIV]

It's best to simply not consume alcohol while carrying.

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[MarcSpaz]

This is strictly use at your own risk.

Most IWB holsters present as much of the weapon as a full size outer holster. As long as the weapon is not covered to the point where it is hidden or visibly altered to the point where its true nature is not distinguishable, you should be fine.

As mentioned before, your best bet is to not carry while consuming alcohol or while impaired for any reason, including things like OTC and prescription medications. You would be surprised at just how small a dose of intoxicants can impact your judgment.

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[svana]

I don't drink when I carry and don't take prescription meds. Closest thing to OTC is Advil, and typically that's at home. I was just curious as to the standing in regards to what is considered oc vs cc. The situation would also be applicable for someone who is oc'ing and doesn't have a CHP.

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[MarcSpaz]

I believe you are correct. If you don't have a CHP and OC with an IWB holster in the manner depicted below, you should be fine.

Wouldn't hurt to consult an attorney though. I have always had a CHP, so I never really worried about it. The information I am providing is more of my interpretation of the law, which seem written plainly.

[dorminWS]

I'm not sure I understand the rationale behind open carrying with an IWB holster. Not criticizing. Just seems to me you'd want to be either be concealed or open. Why go half and half and invite some mouth-breathing small-town cop to "interpret" the law?

[MarcSpaz]

Dude, Its like an Arnold Palmer! Sometimes you just want tea, other times you want lemonade, sometime you just can't make up your mind, so you have both at the same time. Makes perfect sense.

Honestly, I have been CC'ing, got very hot and took my top shirt off, but left my t-shirt tucked. It was OC'ing enough for my lovely Lib wife to complain about it. Should be good enough for the judge. LOL

[jdonovan]

"I want to drink and open carry with a non-retention holster."

When you choose to carry you should try to error on the side of making good decisions, and you're starting the evening having already made two poor decisions together.

So if you insist on making bad decisions, do the rest of the gun owning and carrying public a favor and leave the gun at home.

[svana]

Not sure who you're quoting there as nobody even mentioned anything of the sort. Evidently you decided to chose to err on the side of making poor decisions by skipping grammar school, but do the rest of the gun owning and carrying public a favor and stop ASSuming what someone is and isn't doing, especially when it's already been noted in previous posts.

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[SHMIV]

I think he was paraphrasing the question, as he understood it, as well as commenting on the holsters depicted in the photos.

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[jdonovan]

Not sure who you're quoting there as nobody even mentioned anything of the sort.

in the opening post you asked about consuming alcohol while OC ramifications of potential coverage of the OC that might turn it into a CC situation, and use of IWB holsters.

You asked, about those hypothetical situations, and I said its a bad idea all the way around.

In a later post you said you don't do not drink when carrying. good choice.

As far as I can read, we seem to be on the same side of the issue.

You're new here, so a general heads up, we as a community take a very dim view of people who do a bad job in presenting firearms ownership, usage, and personal responsibility when in the public view, and tend to be highly critical, and very vocal about it.

I think you need to calm down a bit read a little less into each post somehow being and attempt to be a affront to you directly.

[Palladin]

[trailrunner]

Not sure who you're quoting there as nobody even mentioned anything of the sort. Evidently you decided to chose to err on the side of making poor decisions by skipping grammar school, but do the rest of the gun owning and carrying public a favor and stop ASSuming what someone is and isn't doing, especially when it's already been noted in previous posts.

When I first read your first post, I thought that you were asking about drinking and carrying at the same time. So did several other people.

I just read your first post again, and I reached the same conclusion again.

[MarcSpaz]

I'm with the others. JD summarized your post as we read it because it very strongly implies that you want to drink while carrying and want to know if a gun in an IWB holster not covered, covered by your chair or covered by your coat will meet the requirements of OC'ing.

If drinking while carrying was not your intent... then you should have left the alcohol part out of the question all together and simply asked about what is acceptable OC'ing methods.

[ProShooter]

Why go half and half and invite some mouth-breathing small-town cop to "interpret" the law?

We couldn't just say "cop" here?

[Fiddler1537]

Why go half and half and invite some mouth-breathing small-town cop to "interpret" the law?

We couldn't just say "cop" here?

This

[dorminWS]

Why go half and half and invite some mouth-breathing small-town cop to "interpret" the law?

We couldn't just say "cop" here?

>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Ain't the "just cops" I'd worry about. Just the occasional mouth-breathing, uninformed one. No disrespect to cops in general.

[Vince]

Lol, this thread is a disaster. Should be deleted in my opinion.

[Palladin]

Vince sez ball this one up and chuck it in file 13...


whaddya think, Jay?

[wittmeba]

I think you have side-tracked some by asking several semi-related questions about carry and about alcoholic consumption. Should be isolated questions.

I understand it this way.

If someone walked around you and could see your gun, it is OC regardless of the arm of a chair blocking the view from some angles. Your gun may not be visible to everyone if you are standing with your non-gun side toward the person but it is still OC.

CC means it cannot be seen by anyone. Should you bend over and expose your gun you may be subject to any laws that restrict OC.

===

About the alcohol...this says definitely NO consumption while carrying. Search on the work alcohol.

http://www.handgunlaw.us/states/virginia.pdf