"Open" defined

State and national practical & political discussions on legal open, concealed and vehicle carry.

"Open" defined

Postby Jarhead05 » Sun Oct 30, 2011 7:57 pm

The 2011 revision to 790.053 allows "brief and open display" of a firearm. Neither "brief" nor "open" are defined, in .053 or in the definitions in 790.01. Apparently we will have to wait for the courts to decide.

In the meantime, two questions:

1. Is "printing" considered open or concealed?

2. If 1-2" of a holster appears below the bottom of a jacket or shirt, is a firearm still concealed? (Holster only, no portion of a firearm itself showing, such as exposed muzzle.)

Is there any case law on this? Anyone with direct experience (not "well, my third cousin twice removed said...", or even worse "a guy at the gun sop said...")?
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Re: "Open" defined

Postby Synaptic Misfire » Sun Oct 30, 2011 8:07 pm

1. concealed - See Gutmacher's book
2. See Gutmacher's book
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Re: "Open" defined

Postby captain steinbrenner » Sun Oct 30, 2011 8:09 pm

Did Gutmacher's book took in consideration the new law that Scott just signed? :-k
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Re: "Open" defined

Postby Synaptic Misfire » Sun Oct 30, 2011 10:14 pm

The new law does not change the definition of open, it just allows officer discretion for accidental exposure.
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Re: "Open" defined

Postby Jarhead05 » Sun Oct 30, 2011 10:25 pm

Synaptic Misfire wrote:1. concealed - See Gutmacher's book
2. See Gutmacher's book



I have the 2007 edition of Gutmacher's book, and I don't see either of my questions answered.

Then again, my wife tells me I'm blind, so maybe a page reference... ?

My questions really don't relate to the 2011 change in the law. Simply, is "printing" or allowing 1-2" of holster to protrude below a garment considered "open."
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Re: "Open" defined

Postby flcracker » Sun Oct 30, 2011 11:53 pm

http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html

Look under "Definitions" - F.S. 790.001(3)(a).

A concealed weapon is one that is concealed from the ordinary sight of another person.

"Printing" is not the same as exposing your weapon unless you're in a wet T-shirt contest or your shirt is otherwise see-through.

A visible holster is not an exposed weapon - it is a holster - but this doesn't mean you wont get hassled by an overly-zealous LEO. However, if the barrel of your gun extends past the end of said visible holster such that another person can see the barrel with their ordinary sight, you're exposing your weapon.

This is my interpretation - read the law and draw your own conclusions.
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Re: "Open" defined

Postby mjmensale » Mon Oct 31, 2011 8:54 am

Jarhead05 wrote:
Synaptic Misfire wrote:1. concealed - See Gutmacher's book
2. See Gutmacher's book



I have the 2007 edition of Gutmacher's book, and I don't see either of my questions answered.

Then again, my wife tells me I'm blind, so maybe a page reference... ?

My questions really don't relate to the 2011 change in the law. Simply, is "printing" or allowing 1-2" of holster to protrude below a garment considered "open."


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Re: "Open" defined

Postby birdman » Mon Oct 31, 2011 3:07 pm

OBTW the changes for the new laws are in Gutmacher's update page < http://www.floridafirearmslaw.com/Flori ... dates.html >. It doesn't say anything about the definitions we're discussing, but that's where the new info is located..

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Re: "Open" defined

Postby Synaptic Misfire » Mon Oct 31, 2011 4:32 pm

Thanks Moe, my copy got permanently "borrowed", but I knew it was in there.
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