Concealed vs Open Carry

[Buckmark13]

I was with a friend this weekend and we both have concealed carry permits issued by the state of VA. While walking into a store, I noticed the barrel of his otherwise concealed handgun sticking out from under his shirt.

This lead to a debate about whether or not if you are carrying a handgun and have a concealed carry permit, does the gun need to be completely concealed? If it is not completely concealed, are you then not legally open carrying as the weapon is not completely visible?

What part of the VA code covers this? I looked, but couldn't find any specific information on this situation.

[wittmeba]

Interesting question. I have thought about this many times too but don't have an answer.

Seems there are two sets of expectations/definitions for OC and CC. If you do not completely meet one or the other are you in violation?

I saw a guy at Walmart that had on a T-shirt and over-shirt wearing it open in the front. He had a gun wearing IWB and didn't really seem concerned whether anyone could see it or not.

I'll be interested to hear others chime in here.

[MarcSpaz]

Okay... so, this is based on my interpretation of the law... the code of Virginia does not prohibit open carry. Also, if you have a concealed handgun permit, the code of Virginia does not prohibit partial exposure of a handgun or printing in and of itself. The only time this is a problem from a legal standpoint is if the printing or partial exposure is used to threaten, scare or intimidate a person or persons. That is brandishing. Nothing to do with your carry method.

The only time partial exposed/concealed handgun becomes an issue (when not related to brandishing) is if you do not have a concealed handgun permit and the gun is either hidden from common observation or is disguised in such a way that the true nature of the item is hidden (i.e. umbrella and cane guns).

I'll post links to the relevant code in another post.

[MarcSpaz]

http://law.lis.virginia.gov/vacode/titl ... n18.2-308/

A. If any person carries about his person, hidden from common observation, (i) any pistol... is guilty of a Class 1 misdemeanor.

This part is critical...

For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit.

So this specifically says that if it is observable but disguised, a CHP is an affirmative defense.


http://law.lis.virginia.gov/vacode/18.2-282/

A. It shall be unlawful for any person to point, hold or brandish any firearm ... in such manner as to reasonably induce fear in the mind of another or hold a firearm ... in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.