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  #1  
Old 10-26-2012, 2:17 PM
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Default EMPTY IWB concealed carry holster/Is it legal?

I've got an IWB holster I want to break in beyond walking around the house with it.

Are there any laws against wearing an EMPTY concealed IWB holster in public? I'm interested in all replies but I'm also wondering from bay area LEO's if there are any local laws prohibiting this.

Also, if it's accidentally "exposed" somehow, are there any laws against this?

Thanks in advance for your replies.
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  #2  
Old 10-26-2012, 4:00 PM
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Perfectly legal (open or concealed)

...but I suppose there is always the possibility of it raising questions about 'where's the gun'
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  #3  
Old 10-26-2012, 6:40 PM
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Mej,

Thanks. Agreed on the possibility you suggested. I'll make sure it stays concealed.
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  #4  
Old 10-26-2012, 7:01 PM
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I don't see how it could be considered illegal, you don't have a firearm or weapon of any kind on your person.

If you are constantly adjusting it, or if the holster is printing through your clothes, a LEO might confront you if they think you're trying to (unsuccessfully) conceal a weapon.
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  #5  
Old 10-26-2012, 7:42 PM
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MalC,

I agree but it's better to be safe than sorry and ask the question.

Being we're in California, the liberal toilet bowl of crap, you never know.

The "safe" handgun list is a perfect example. If the manufacturer pays the yearly shakedown fee, that model stays on the "safe" list. As soon as they quit paying the shakedown, it somehow becomes "unsafe" and is removed from the list and no longer available for over the counter purchase. You just never know.
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Old 10-27-2012, 2:06 AM
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Wear a hard hat, and call it a hammer holster.
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  #7  
Old 10-27-2012, 9:01 AM
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I think it is one hundred and twenty percent legal, although you might get questioned. For some reason, I have heard from others that think otherwise, and it makes zero sense to me why it would be if it is something you can walk around all day carrying in your hand openly waving at people.
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  #8  
Old 10-27-2012, 11:23 AM
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I wonder how you will break in the holster without a firearm in it. Although, the holster itself won't be illegal.
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  #9  
Old 10-27-2012, 11:33 AM
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It's a Crossbreed SuperTuck. It's the leather I want to shape to the contour of the body and also get it to the point to where even the small amount of squeaking is gone. The kydex needs no shaping.
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Old 10-27-2012, 5:29 PM
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Originally Posted by Tronite View Post
It's a Crossbreed SuperTuck. It's the leather I want to shape to the contour of the body and also get it to the point to where even the small amount of squeaking is gone. The kydex needs no shaping.
So... asking the obvious... why are you breaking in a holster for CCW when you don't have a CCW permit?
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  #11  
Old 10-27-2012, 7:01 PM
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I'll use it for training courses, if/when I move to a shall issue county, and/or for out of state carry permits.
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  #12  
Old 10-31-2012, 8:55 PM
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Penal code says nothing about loaded vs unloaded CC.. Its still a crime if you do not have a CC permit even to conceal an unloaded firearm.

No crime for CC'ing a holster. See Below

California Penal Code:

25400. (a) A person is guilty of carrying a concealed firearm when
the person does any of the following:
(1) Carries concealed within any vehicle that is under the person'
s control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon the person any pistol, revolver, or
other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the
person is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
(b) A firearm carried openly in a belt holster is not concealed
within the meaning of this section.
(c) Carrying a concealed firearm in violation of this section is
punishable as follows:
(1) If the person previously has been convicted of any felony, or
of any crime made punishable by a provision listed in Section 16580,
as a felony.
(2) If the firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen, as a felony.
(3) If the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) If the person is not in lawful possession of the firearm or
the person is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, as a felony.
(5) If the person has been convicted of a crime against a person
or property, or of a narcotics or dangerous drug violation, by
imprisonment pursuant to subdivision (h) of Section 1170, or by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed one thousand dollars ($1,000), or by both that imprisonment
and fine.
(6) If both of the following conditions are met, by imprisonment
pursuant to subdivision (h) of Section 1170, or by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment:
(A) The pistol, revolver, or other firearm capable of being
concealed upon the person is loaded, or both it and the unexpended
ammunition capable of being discharged from it are in the immediate
possession of the person or readily accessible to that person.
(B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106 as the
registered owner of that pistol, revolver, or other firearm capable
of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
(d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
23515 shall be punished by imprisonment in a county jail for at least
three months and not exceeding six months, or, if granted probation,
or if the execution or imposition of sentence is suspended, it shall
be a condition thereof that the person be imprisoned in a county
jail for at least three months.
(2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by a
provision listed in Section 16580, if probation is granted, or if the
execution or imposition of sentence is suspended, it shall be a
condition thereof that the person be imprisoned in a county jail for
not less than three months.
(e) The court shall apply the three-month minimum sentence as
specified in subdivision (d), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (d) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by that disposition.
(f) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(c) is met.
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  #13  
Old 10-31-2012, 10:07 PM
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it will be a very sad day when it is a crime to have leather and plastic on you.
everybody will go to jail.

i say everybody should start carrying a open holster on them every where they go, just have no gun or knife, "other" weapon on your body/person.
wonder how fast the govern and the libs would get scared and pass another useless feel good law.

.
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  #14  
Old 10-31-2012, 11:57 PM
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Quote:
Originally Posted by packnrat View Post
it will be a very sad day when it is a crime to have leather and plastic on you.
everybody will go to jail.

i say everybody should start carrying a open holster on them every where they go, just have no gun or knife, "other" weapon on your body/person.
wonder how fast the govern and the libs would get scared and pass another useless feel good law.

.
I would actually advocating doing this to make a point except I have no doubt that this will result in more stupid laws banning everything and pretty soon, you won't be able to even buy a holster online in the state and L.A. City will make a dealer register every holster sale.
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  #15  
Old 11-01-2012, 5:20 PM
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If you really have a need to break in your holster, go buy a blue gun..
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Last edited by retired; 11-05-2012 at 6:23 PM..
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  #16  
Old 11-01-2012, 9:01 PM
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Quote:
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If you really have a need to break in your holster, go buy a blue gun..
How about them red guns?
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Last edited by retired; 11-05-2012 at 6:24 PM..
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  #17  
Old 11-02-2012, 7:39 AM
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Open carry it, when people ask where's the gun, look down and start to panic. Ahahaha
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  #18  
Old 11-02-2012, 7:55 AM
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Put your phone and wallet in it.
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Old 11-02-2012, 10:24 AM
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Quote:
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Put your phone and wallet in it.
Or a Banana!!
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  #20  
Old 11-02-2012, 11:26 AM
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Or a Banana!!
Might get squished. A shoe might work if you stick a cedar tree in it. You can also throw the shoe as a last ditch weapon.
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  #21  
Old 11-02-2012, 6:20 PM
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Put your gun in this holster..
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  #22  
Old 11-02-2012, 8:51 PM
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Quote:
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Put your gun in this holster..
Might need to get my hands on those to try out the "fit".
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Old 11-02-2012, 9:27 PM
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I've actually thought about doing this for different reasons. After being denied by both local CLEO and my sheriff, I have decided to apply 1 last time on pure 'civil rights' basis.

Then, when denied, make it a habit to wear an empty holster. Should something happen to me, I would hope that it would give my family enough basis to bring a very lucrative civil suit based upon civil rights violations.

.
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Old 11-07-2012, 9:25 PM
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Quote:
Originally Posted by Notorious View Post
How about them red guns?
Was I the only one who thought WHAT??? Telling someone to carry a red or blue gun in an IWB holster is crazy. This guy will find out real quick what blacktop tastes like if a LEO sees or responds to "a man with a gun".

Red and blue guns are used for teaching and training only.

If you don't have a CCW and are just trying to break in your Crossbread, just wear it around the house with a gun. FYI, I work in plain clothes capacity and wear a Crossbread for my G22. It doesn't need much time to "break it in."

Regards
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Old 11-07-2012, 10:38 PM
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^^^^what he said. Wear it around the hose. The leather will conform to your body by your bodies heat. As for the squeak,dab some gun oil on to the belt clips underside. Should stop completly in a little time. No need to wear it empty in public.
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Old 11-07-2012, 11:05 PM
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Quote:
Originally Posted by kung fu panda View Post
Was I the only one who thought WHAT??? Telling someone to carry a red or blue gun in an IWB holster is crazy. This guy will find out real quick what blacktop tastes like if a LEO sees or responds to "a man with a gun".

Red and blue guns are used for teaching and training only.

If you don't have a CCW and are just trying to break in your Crossbread, just wear it around the house with a gun. FYI, I work in plain clothes capacity and wear a Crossbread for my G22. It doesn't need much time to "break it in."

Regards
Really? Concealed is concealed.
I'm not particularly condoning it, but carrying a blue plastic gun in a concealed holster is totally legal.
I don't know about you, but when I spot someone who is printing or obviously carrying, I mind my own business.

And what is "plain clothes capacity"?
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  #27  
Old 11-08-2012, 6:37 AM
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Quote:
Originally Posted by kung fu panda View Post
Was I the only one who thought WHAT??? Telling someone to carry a red or blue gun in an IWB holster is crazy. This guy will find out real quick what blacktop tastes like if a LEO sees or responds to "a man with a gun".

Red and blue guns are used for teaching and training only.

If you don't have a CCW and are just trying to break in your Crossbread, just wear it around the house with a gun. FYI, I work in plain clothes capacity and wear a Crossbread for my G22. It doesn't need much time to "break it in."

Regards
He'll learn a lesson in keeping it concealed then, won't he?

If he is intent on walking around concealed, red or blue won't matter. Heck, he can do a green or plaid gun even. Nobody will see it.
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Old 11-08-2012, 1:41 PM
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Quote:
Originally Posted by kung fu panda View Post
Was I the only one who thought WHAT??? Telling someone to carry a red or blue gun in an IWB holster is crazy. This guy will find out real quick what blacktop tastes like if a LEO sees or responds to "a man with a gun".

Red and blue guns are used for teaching and training only.

If you don't have a CCW and are just trying to break in your Crossbread, just wear it around the house with a gun. FYI, I work in plain clothes capacity and wear a Crossbread for my G22. It doesn't need much time to "break it in."

Regards
With all due respect, red, blue, aluminum training guns are not used for training only. I know quite a few holster makers in the US that use them as molds. At an average of 50.00 a pop we do not take them lightly or look at them as toys. As a custom holster maker I personaly own well over a dozen Rings Blue guns. They are used for molds and I do carry them from time to time for R&D purposes every time I am trying out a new design for a holster rather in IWB or OWB styles. If an LEO were to approach me I will always gladly and respectfully answer any questions he or she may have. However if I am made to "taste the black top" I believe I will have been wronged for no other reason then paranoia.
Again I ask this question respectfully, I am not looking for a pissing match I really just need to understand the reasoning for making me taste the blacktop if I have not committed a crime. Is it because the mere sight of a man "possibly" having a weapon makes him automatically suspected of committing a crime?
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Old 11-08-2012, 11:25 PM
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My dad taught me something as I was growing up. He said, "You can be right, and still be wrong." For example, if I am at a crosswalk at a stop sign and I see a speeding car approach. Even though it may appear to me that the driver is not going to stop for me, I have the right of way. For some reason I decide to walk into the crosswalk and get hit by the speeding driver who does not stop at the stop sign. The driver is clearly at fault; however, I am going to suffer the most in this incident.

As many of you have correctly posted, it is not illegal to walk around in public with an empty holster or a holster carrying a red or blue gun.

Remember that law enforcement officers have a duty to protect society, and if they are dispatched to a man with a gun call they will utilize proper officer safety techniques. Many of the officer safety techniques include placing "suspects" into positions of disadvantage, which includes making the “suspects” prone themselves out on the ground (other wise know as “tasting the blacktop”, I guess my sarcastic sense of humor was not appreciated). When I uses the term “suspect” please understand that I am not call all people who carry concealed firearms criminals. There are many law abiding citizens who lawfully have CCWs. In fact, I had a CCW before I became a LEO. Police officers rarely have the luxury of knowing all of the facts of an incident and who they are dealing with before the encounter. Some people call the use of proper officer safety techniques "paranoia", but please remember that all of us have families we want to go home to. Some have said they leave people alone who are “printing.” LEOs don’t have that discretion; they must take some kind of action.

There are many sad stories where stress has negatively affected peoples’ ability to understand or give commands. I am not trying to tell anyone how to live their lives; I am just trying to give the best advice to keep one out of problems. Just my 2 cents.

Remember- “You can be right, and still be wrong.”

Regards.
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  #30  
Old 11-09-2012, 12:02 AM
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I've owned 4 crossbreed holsters now. 'Break in" should take about as long as dinner and a movie. Do it with the gun at home so the leather will conform to the gun too.
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Old 11-09-2012, 1:31 PM
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Ask the person who called the police on you out for dinner you mite get lucky heck they were already looking in to your pants.
when you realize the holster is showing with out looking down at it holster your phone and pull your shirt down. (A) you will start the next trend that will get a lot of people shot by cops / or (B) you will get the weirdo look. either way its legal.
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  #32  
Old 11-09-2012, 3:22 PM
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Expect a 2015 ban on concealed carrier carry.


j/k
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Old 11-09-2012, 8:43 PM
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Quote:
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Expect a 2015 ban on concealed carrier carry.


j/k
Why wait until then?

Also, it makes no difference to those who live in LA to ban CCW outright.
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