Recently our staff has had a few questions being asked about pocket carry and pocket holsters. One of those questions that have been asked more than once is this one: Is pocket carry considered open carry, or does pocket carry meet the definition of open carry?
Before trying to answer these questions, let me state a disclaimer that none of our Gunner’s Alley staff are lawyers, attorneys, or legal professionals. This information provided here is offered as informational only, and we suggest that you speak with an attorney or law enforcement official in your area to obtain a qualified answer.
Defining Pocket Carry
Pocket carry is a general term used to describe carrying a weapon (generally a firearm) in a pocket on one’s person.
Pocket carry can be done with or without a holster, but a pocket holster is definitely recommended as it does the following:
- Covers and protects the trigger so it cannot be inadvertently pulled
- Keeps the pistol or revolver stable in the pocket and in an optimal position for drawing
Most pocket carry is done with either a front pocket or back pocket, although some shooters and concealed carry permitees like to use other pocket locations as well (overalls pocket, sweatshirt hoodie pocket, etc.)
Defining Open Carry
Open carry is a term used to describe the practice of openly carrying a firearm in public so that other members can see the gun in public. This concept is much different from concealed carry, where a person carries on a firearm on their person in a concealed manner so that other members cannot see it in public.
Gunner’s Alley is based in North Carolina, which has an open carry law on the books and allows for open carry as long as you are 18 years old and legally own the firearm. However, the state statute that covers the “open carry” law does not provide any specific details that define the definition of “open.”
We’ve posed the question to several different law enforcement officials, a representative of the North Carolina Attorney General’s Office, and a representative of the North Carolina Justice Academy. The general consensus has been that, in North Carolina, a firearm in a pocket, with or without a holster, would most likely be considered “concealed” and would NOT meet the N.C. definition of open carry.
However, this is merely an opinion of those surveyed and not a legal opinion or opinion of the state.
The answer in your particular state will most likely depend on your states’ definition of “open carry”, along with their definition of “concealed carry”. Additionally, your state may include specific provisions defining or clarifying open carry. In the case of our home state of North Carolina, the open carry statute does offer any clarification as to what constitutes open carry.
Before carrying in this manner and hoping to be covered under an open carry law, our suggestion would be to check with the state resources where you live to get a clear understanding of the open carry rules and regulations.
That being said, our opinion is that most states are likely to interpret a firearm carried in a pocket as being outside the scope of open carry.
