Defense attorney to arresting LEO: How did you discover the defendant was carrying concealed?gunderwood wrote:This topic will go round and round forever unless VA adopts a Constitutional carry law. Until then splitting the difference between OC and CC in some situations will be a grey area. Common sense says DK is right, but our legal system isn't necessarily run that way.zephyp wrote:I disagree. About the only way for the officer to see it in plain view as they approach is if its sticking out the window or on the dash. Neither a smart idea. The common interpretation is if its on your right hip and openly visible when you're up and about it does not become concealed merely because you sit down to drive or eat. Recall Proshooters discourse about this: you would have to literally wear it on top of your head.allingeneral wrote:
If the officer can't see it in plain view as he approaches your vehicle - I would say that it's open to interpretation whether or not it is hidden from common observation. And that lends to the possibility of being hassled about it and possibly going to court for not "Openly" carrying without a CHP.
So, get a VA DL and a CHP so you don't have to worry about it.
Having said all that with respect to informing the officer...if you are carrying open and you are asked to exit the vehicle it might be wise to tell them before hand...just sayin.
LEO: I clearly saw the weapon on his right hip...

