Concealed handgun being seen

[chrgnu]

Is it unlawful for a concealed handgun to be seen? Such as-- If you are in a grocery store, mall etc. and someone sees your pistol. Does a concealed weapon have to stay hidden. If it is spotted, is it now open carry which is legal also?

please help me clear this up. Jesse

[totes6]

Just so it is clear I am not a lawyer.

But the way it has been explained to me IN VIRGINIA (other states differ) is that if it cannot be seen it is concealed. If someone can observe the firearm, it is considered openly carried. Both are legal in Virginia if you have a CHP. If not you are only allowed the openly carried option.

For examples:
Since you used the grocery store, if I bend over to pick an item off the bottom shelf and my shirt tail comes up and over the handgun and someone sees it, it becomes open carry. (BTW if you really are concealing, this shouldn't happen, but accidents do happen)

When it becomes brandishing is when say you are "talking" with someone and essentially use it as a threat. This could be as simple as pulling your jacket back and over the handgun to expose it to the view of the individual.

I would have to go back and look at the case law, but when I took the Utah permit class the instructors did discuss that even if you don't have a firearm, but simply making a gesture such as placing you hand on your hip like you are about to draw a firearm in a threatening/ intimidating manner could be interpreted as brandishing as well.

Hopefully that answered your question, and I am sure others will be more than happy to chime in here too. That is what is so great about this board, so many people with a lot of experience behind them willing to share that.

[wylde007]

Nope.

It just means you are concealing badly. What it could open up is the opportunity for harassment by an enforcer.

Better have your papers in order.

There is a bug difference, in my opinion, between transfer fromt conceal to open and just concealing badly (ie: printing).

[gunderwood]

Nope.

It just means you are concealing badly. What it could open up is the opportunity for harassment by an enforcer.

Better have your papers in order.

There is a bug difference, in my opinion, between transfer fromt conceal to open and just concealing badly (ie: printing).

There is, but thankfully we don't have to worry about going to jail over it. Harassment perhaps.

[Tweaker]

I heared that you can go to the big house for pointing your finger at someone. Not even in a gun shape or going pwew pwew pwew, mind you. Of course, this is only if you are a member of the oppressor race and have the misfortune of entering a county dominated by those more pigmentally gifted. (Surry, VA)

PWW - Pointin' Whilst White - class 5 misdemeanor ova dere

[Hammer]

"..pwew pwew pwew...". Hardly sounds dangerous. What caliber would that be? You'd think a PWW coupled with a pwew pwew pwew would counter the other interputed as a joke. I too am no lawyer.

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