The crowd that says "open carry on your back at a protest is stupid" isn't wrong, they just don't seem to get the context of this situation.
It's about brandishing vs not. Not how accessible your weapon should be in the perfect world.
Unless you keep a rifle with an adjustable 2 point cinched tight to your chest, and hands off of it, or, on your back, your going to have a hard time winning a brandishing argument/complaint. Just about every state has some kind of brandish law on the books.
Look up your state by brandish rules, you may be very surprised by what you find.
Here's a few examples.
California Penal Code 417 (a)(2): Defines “brandishing” a firearm as follows:
(2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel ….
Virginia Code 18.2-282:
It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such a manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another being shot or injured. However, this section shall not apply to any person engaged in excusable of justifiable self-defense.
Utah Section 76-10-506:
Threatening with or using dangerous weapon in fight or quarrel. (1) As used in this section, “threatening manner” does not include:
(a) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or
(b) informing another of the actor’s possession of a deadly weapon in order to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(2)(a).
(2) Except as otherwise provided in Section 76-2-402 and for those persons described in Section 76-10-503, a person who, in the presence of two or more persons, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a flight or quarrel is guilty of a class A misdemeanor.
(3) This section does not apply to a person who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another’s use of unlawful force:
(a) threatens the use of a dangerous weapon; or
(b) draws or exhibits a dangerous weapon.
South Carolina Section 16-23-410:
Unlawful to present or point loaded or unloaded firearm at another person; felony; must be fined or imprisoned not more than 5 years.
Nevada Section 202.290:
Aiming firearm, whether loaded or not, or discharging where person might be endangered is a penalty; even if injury does not result; gross misdemeanor
Montana MCA 45-3-111:
(Montana approved legislation says simply that brandishing a firearm in self defense is not a crime.)
(1) Any person who is not otherwise prevented from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon.
(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.
(3) This section does not limit the authority of the board of regents or other postsecondary institutions to regulate the carrying of weapons, as defined in 45-8-361(5)(b), on their campuses.
Arizona ARS 13-421: Justification; Defensive Display of a Firearm.
A. The defensive display of a firearm by a person against another is justified when and to the extent that a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.
B. This section does not apply to a person who:
1. Intentionally provokes another person to use or attempt to use unlawful physical force.
2. Uses a firearm during the commission of a serious offense as defined in section 13-706 or violent crime as defined in section 13-901.03.
C. This section does not require the Defensive Display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force.
D. For the purposes of this section, “defensive display of a firearm” includes:
1. Verbally informing another person that the person possesses or has available a firearm.
2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect a person against another’s use or attempted use of unlawful physical force or deadly physical force.
3. Placing the person’s hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.
Michigan Penal Code 750.234e:
Brandishing firearm in public; applicability; violation as misdemeanor; penalty. (1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to any of the following:
(a) A peace officer lawfully performing his or her duties as a peace officer.
(b) A person lawfully engaged in hunting.
(c) A person lawfully engaged in target practice.
(d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
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Originally Posted by Bolt_Overide
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