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Keeping gun in holster

Posted: Sat Feb 20, 2016 4:52 pm
by pookiebob
What if:

You are open carrying on the premises of a small mom and pop store with no 30.06 or 30.07.
Pop, the owner of the store tells you he is a gun enthusiast and asks if you could show him your weapon.
Legal to remove from holster?

Also, same as above except this time, Pop is only a hired hand. He is in control of the premises, but the property is owned by someone else.
Would this make a difference.

Discuss the question of if it is wise or stupid or safe if you must, but I am mainly interested in the legal issues.

Thanks in advance.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 4:54 pm
by The Annoyed Man
Unless it were in private, away from public view, I doubt that it would be legal.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:23 pm
by 16Adams
Absolutely nothing good can come from playing show and tell. Politely say no but if you would like to meet me at the range and punch holes in targets, let's go. I've said this multiple times and a few have actually gone to the range with me.

I'm sure somebody will disagree, that's fine- but my answer is no.

Saying no and Keeping it holstered removes the legal issue

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:24 pm
by hovercat
I would guess legal, but do not expect me to post your bail. I am not an attorney. Private property, you could even sell it to him.
Bad form, though. If you really wish to show it to him, return later with it unloaded in a case.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:26 pm
by Javier730
The Annoyed Man wrote:Unless it were in private, away from public view, I doubt that it would be legal.
:iagree:

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:29 pm
by SIRIT
16Adams wrote:Absolutely nothing good can come from playing show and tell. Politely say no but if you would like to meet me at the range and punch holes in targets, let's go. I've said this multiple times and a few have actually gone to the range with me.

I'm sure somebody will disagree, that's fine- but my answer is no.

Saying no and Keeping it holstered removes the legal issue
:iagree: Play it safe and keep it holstered in public. Plus clearing the weapon and then chambering a round after guy takes a look at gun is a recipe for disaster

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:31 pm
by pookiebob
I tend to agree with annoyed man. I know if it were after hours and the doors were locked it would OK. I also think that if there were no customers it would be mostly the same situation. But with customers present it goes from being on someones property with their permission to being in public. Cannot see how that would be legal.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:37 pm
by RetNavy
pookiebob wrote:What if:

You are open carrying on the premises of a small mom and pop store with no 30.06 or 30.07.
Pop, the owner of the store tells you he is a gun enthusiast and asks if you could show him your weapon.
Legal to remove from holster?

Also, same as above except this time, Pop is only a hired hand. He is in control of the premises, but the property is owned by someone else.
Would this make a difference.

Discuss the question of if it is wise or stupid or safe if you must, but I am mainly interested in the legal issues.

Thanks in advance.


something to ponder on....

you pull out your gun with other people about....

would you trust a stranger with your weapon

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:47 pm
by The Annoyed Man
RetNavy wrote:
pookiebob wrote:What if:

You are open carrying on the premises of a small mom and pop store with no 30.06 or 30.07.
Pop, the owner of the store tells you he is a gun enthusiast and asks if you could show him your weapon.
Legal to remove from holster?

Also, same as above except this time, Pop is only a hired hand. He is in control of the premises, but the property is owned by someone else.
Would this make a difference.

Discuss the question of if it is wise or stupid or safe if you must, but I am mainly interested in the legal issues.

Thanks in advance.
something to ponder on....

you pull out your gun with other people about....

would you trust a stranger with your weapon
I NEVER hand a loaded weapon to anybody, and I never hand a weapon in any condition to a total stranger....unless he/she is a sales clerk, behind the counter of a gun store, and I am handing it back to him. IF I were in the OP's situation (I've never been, outside of my own home), it would have to be someone I knew at least a bit, and trust. Once we were in a private area, I'd draw the gun, pointed in a safe direction, drop the mag and clear the chamber, lock the slide back, and hand it to the other person grip first. That is how we were taught in my NRA Basic Pistol Instructor class.

But all of that said, I would be REALLY leery of drawing my gun to show it off, even to someone I know, any place but at home.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:50 pm
by WildBill
The Annoyed Man wrote:Unless it were in private, away from public view, I doubt that it would be legal.
:iagree: Not wise, not safe and stupid IMO.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 5:52 pm
by The Annoyed Man
WildBill wrote:
The Annoyed Man wrote:Unless it were in private, away from public view, I doubt that it would be legal.
:iagree: Not wise, not safe and stupid IMO.
Yep.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 6:00 pm
by parabelum
The Annoyed Man wrote:
WildBill wrote:
The Annoyed Man wrote:Unless it were in private, away from public view, I doubt that it would be legal.
:iagree: Not wise, not safe and stupid IMO.
Yep.
:iagree:

Just keep it holstered.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 6:06 pm
by oljames3
The Annoyed Man wrote:
WildBill wrote:
The Annoyed Man wrote:Unless it were in private, away from public view, I doubt that it would be legal.
:iagree: Not wise, not safe and stupid IMO.
Yep.
:iagree:Not wise, not safe.

What the OP is describing is disarming myself.

I carry openly where I can, conceal as the situation dictates, and disarm ONLY if I must.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 6:19 pm
by Texsquatch
If the guy is a real gun enthusiast, I doubt he would ask you to remove the gun to show him. Just poor judgment all together.

Re: Keeping gun in holster

Posted: Sat Feb 20, 2016 7:09 pm
by thetexan
pookiebob wrote:What if:

You are open carrying on the premises of a small mom and pop store with no 30.06 or 30.07.
Pop, the owner of the store tells you he is a gun enthusiast and asks if you could show him your weapon.
Legal to remove from holster?

Also, same as above except this time, Pop is only a hired hand. He is in control of the premises, but the property is owned by someone else.
Would this make a difference.

Discuss the question of if it is wise or stupid or safe if you must, but I am mainly interested in the legal issues.

Thanks in advance.

The answer in both situations is no you may not unholster if you gun will be displayed and openly visible to a person in a PUBLIC place.

tex