Carry on Sidewalk

[baldeagle]

The mere fact that we are arguing about what the law means tells you what you need to know. If you open carry in that situation, it's entirely possible that you could be arrested, charged and booked into jail. It's also possible you could be tried for the offense and have to pay a lawyer to defend you. It's not even clear that you would win. Given all that, it's your decision. You are the one who is put at risk. You are the one who would have to spend money should it go badly for you. No one else can make that decision for you, and no one else is going to help you pay for the lawyer if your decision goes badly.

[GlockDude26]

The mere fact that we are arguing about what the law means tells you what you need to know. If you open carry in that situation, it's entirely possible that you could be arrested, charged and booked into jail. It's also possible you could be tried for the offense and have to pay a lawyer to defend you. It's not even clear that you would win. Given all that, it's your decision. You are the one who is put at risk. You are the one who would have to spend money should it go badly for you. No one else can make that decision for you, and no one else is going to help you pay for the lawyer if your decision goes badly.

i'm not aiming this at you baldeagle at all so please don't take it personally, but reading your post makes me think about the things that are wrong in this country. how did we go to from a country that was founded on the principles of revolution against religious persecution, monetary shackles, and a tyrant king to today? to the point where every day from the time you walk out of your front door until the time you get back home you've probably broken 20-30 "laws" without even knowing it or "paying" for in tickets and other ridiculous fees for things that are god given rights? and yet today we have a tyrant king in office, we are taxed to just before the breaking point so that half the country can sit on their butts on the couch doing drugs all day. and Christians are being persecuted many different ways all in the name of religious EQUALITY.....there are soooo many responses on this forum everyday along the lines of "it isn't right but it's the law" at what point is your line in the sand? or do people not have sand anymore? i'm not all for anarchy or no law before someone throws that out, but why is it so bad to have the law extend only to the original terms of the documents that founded this country?
eta- it's really bad but at this point i don't believe the future of this country is salvageable. these idiots will run it into the ground until there won't be a whole lot of options.....

[VMI77]

The mere fact that we are arguing about what the law means tells you what you need to know. If you open carry in that situation, it's entirely possible that you could be arrested, charged and booked into jail. It's also possible you could be tried for the offense and have to pay a lawyer to defend you. It's not even clear that you would win. Given all that, it's your decision. You are the one who is put at risk. You are the one who would have to spend money should it go badly for you. No one else can make that decision for you, and no one else is going to help you pay for the lawyer if your decision goes badly.

i'm not aiming this at you baldeagle at all so please don't take it personally, but reading your post makes me think about the things that are wrong in this country. how did we go to from a country that was founded on the principles of revolution against religious persecution, monetary shackles, and a tyrant king to today? to the point where every day from the time you walk out of your front door until the time you get back home you've probably broken 20-30 "laws" without even knowing it or "paying" for in tickets and other ridiculous fees for things that are god given rights? and yet today we have a tyrant king in office, we are taxed to just before the breaking point so that half the country can sit on their butts on the couch doing drugs all day. and Christians are being persecuted many different ways all in the name of religious EQUALITY.....there are soooo many responses on this forum everyday along the lines of "it isn't right but it's the law" at what point is your line in the sand? or do people not have sand anymore? i'm not all for anarchy or no law before someone throws that out, but why is it so bad to have the law extend only to the original terms of the documents that founded this country?
eta- it's really bad but at this point i don't believe the future of this country is salvageable. these idiots will run it into the ground until there won't be a whole lot of options.....

Also, what happened to the principle that what isn't expressly prohibited is permitted?

[ScottDLS]

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Also, what happened to the principle that what isn't expressly prohibited is permitted?

In my opinion, it's a principle that is reinforced by exercising it. That's why I feel free to open carry around my front yard. It's also why I conceal and carry in public with my CHL. I could easily be arrested for either of those actions even though the former is not illegal, and the latter is either not illegal or has a statutory Defense (46.15), depending on your point of view...

Of course I am risking "TAKING THE RIDE"

[The Annoyed Man]

I don't get it..... why doesn't the OP just conceal his pistol and not worry about it?

I am NOT making a statement about open carry (which I favor if approached with maturity and patience). I AM saying, "what's the big deal? Just conceal the gun and be done with it." Then you never have to worry about what a passing cop or hyperventilating "citizen" thinks about you carrying on your lawn.

It is difficult for me to conceive of any tactical situation in which open carrying while mowing your lawn is a better alternative than carrying concealed. Whatever 100th of a second you lose on the draw is made up for by the fact that you will already be aware of someone crossing your property, coming towards you. The effect of a visible gun is made up for the the effect of a hand going for a concealed gun.......which any bad guy would interpret the same way as he would actually seeing the gun.

I can open carry on my lawn. My neighbors, for the most part, probably wouldn't even care. I don't do it because it is neither necessary to my safety nor completely devoid of legal challenges. Since my ego isn't tied up the visual display of my gun, concealing it is eminently more practical.......regardless of what my rights happen to be.....which I will defend wherever defense is needed. I just don't think it is needed in this kind of situation.

Obviously, if you live in a rural area, removed from the immediate roadway, OC is a practical alternative. But whenever Suzy Soccermom is about to poke her nose in where it doesn't belong, she's not the one who will beat the time (maybe), but won't beat the ride. You are. It's not fair. It's not right. But it is a fact. Avoid the issue by covering the gun. Then Suzy Soccermom will continue on, blissfully unaware of your status as [sarcasm] an armed and dangerous murdering baby-killer [/sarcasm].

You have choices about how to deal with problems in life, usually boiling down to one of two easy to understand alternatives: 1) to either headbutt your problems into submission (a giant source of headaches); or 2) to simply sidestep the problem and let it rumble on past you without even mussing up your hair. #1 guarantees being in a perpetual state of anger at the stupidity of other people. #2 guarantees being in a perpetual state of amused bemusement at the stupidity of other people. #2 is easier on my blood pressure.

Just cover up the gun and go on about your business. End of problem.

[ScottDLS]

I open carry when it is legal, because I can, and because I don't care what anybody thinks about any more than I care what the majority think about me concealed carrying. Most of the times I've open carried my pistols, it's been returning from the range when I'm carrying them from my car to the house. I don't feel like hiding them as if they are some awful secret.

I also don't enjoy concealing a full size pistol. I know many fellow forum members do, but for my usual style of dress it is very uncomfortable. Off my property, I carry a smaller CCW than I would rather because I am required to conceal. If licensed open carry were to pass I would carry a full size IWB at 3-4 o'clock with the grip outside of my trousers, or in a cross draw when wearing a jacket (arguably concealed).

When in my yard, I'm not worried about what the neighbors or local PD think if they see my gun. I know it's legal, if someone wants to hassle me about it, I'll deal with that when it happens. Last time I did it, one of my neighbors who was walking his dog came over and asked if I was an NRA member (yes) and also invited me to a Tea Party rally that he was helping organize.

[The Annoyed Man]

I open carry when it is legal, because I can, and because I don't care what anybody thinks about any more than I care what the majority think about me concealed carrying. Most of the times I've open carried my pistols, it's been returning from the range when I'm carrying them from my car to the house. I don't feel like hiding them as if they are some awful secret.

I also don't enjoy concealing a full size pistol. I know many fellow forum members do, but for my usual style of dress it is very uncomfortable. Off my property, I carry a smaller CCW than I would rather because I am required to conceal. If licensed open carry were to pass I would carry a full size IWB at 3-4 o'clock with the grip outside of my trousers, or in a cross draw when wearing a jacket (arguably concealed).

When in my yard, I'm not worried about what the neighbors or local PD think if they see my gun. I know it's legal, if someone wants to hassle me about it, I'll deal with that when it happens. Last time I did it, one of my neighbors who was walking his dog came over and asked if I was an NRA member (yes) and also invited me to a Tea Party rally that he was helping organize.

Scott, I have no problem with what you're saying, because you're totally willing to absorb the potential risks of what you do. That's fine, and I have no issue with that. But jamminbutter's question indicated that he wasn't certain about it. My attitude is, if you're not certain, then do the thing you are certain about........... .......or, do as you want, but be prepared to pay the piper if someone in authority disagrees with your interpretation of things. As I said in my initial response, A) I can open carry on my front lawn if I want to, and B) I support open carry. I just personally choose to conceal simply because I then don't have to deal with other people's hysteria. To me, it's not about the OC, it's about dealing with other people's stupidity, and what do I have to do to minimize that possibility. That's all......and that's what drove my initial answer.

The issue isn't really about whether or not it is legal on the sidewalk as much as it about how willing the person with the pistol is to take a ride if that's the price of OC......and THAT is a question you don't need to look at a law book to answer for yourself. You're either willing to take the ride, or you're not. If you're willing, then carry. If you're not willing, then don't do the thing (whatever it is) that may result in your getting a backseat ride to the local cop-shop. That's where I was coming from.

So if you want to OC, you go head on. I won't criticize you for it.