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When is handgun considered concealed?

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davep:
NRS 69-2429 defines concealed handgun as: "(1) Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun;"
Title 272 Nebraska Administraive Code, Chapter 21 State Patrol, section 002.03 defines concealed handgun as: "002.03 “Concealed handgun” shall mean totally hidden from view with no portion of the handgun visible."
Where did the standard LE response of "The gun must be in plain sight", or you will be charged with carrying a concealed weapon under NRS 28-1202 originate? What is the statute that says it must be in plain sight, or does one exist? If one does exist, would it not conflict with the above statues?
I have to assume that the Nebraska State Patrol would certainly know what Title 272, NAC, Chapter 21 says, as that section pertains directly to them. "If any part of the handgun is CAPABLE of being seen, it is not a concealed handgun" is a far cry from "plain sight". So again, my question, where does the "plain sight" requirement come from?

OnTheFly:
I can't give a definitive answer, but only an observation/comment. 

http://nebraskafirearms.org/forum/index.php/topic,2130.msg16181.html#msg16181

http://nebraskafirearms.org/forum/index.php/topic,2099.msg16185.html#msg16185

When this man defended himself and other patrons of a Walgreens from some thugs who threatened their lives during a robbery, he did not have a CHP.  I thought for sure Marty Conoboy was going to charge him with carrying a concealed handgun.  However, he decided not to charge him saying "...(his) weapon was not completely concealed during the incident."  So they have set the precedent, if it needed to be set.

Fly

Dan W:
The definition of a concealed handgun was changed as a part of the Concealed Handgun Act and it was done because no legal definition existed in state law previously, but there was the widely accepted requirement of "in plain sight" for legal open carry that had no statutory basis that I am aware of.

davep:
I completely agree statute was followed in this case, and precedent has been set. In my opinion, this is a good thing. My original question was more to do with handgun placement in a vehicle. I know I did not qualify my question with carrying in a vehicle. If a handgun was holstered, or mounted ON the console of your vehicle, with nothing covering it, would it meet the "capable of being seen" requirement of the statute? Keep in mind, accessibility has to presumed to be carrying. Would a handgun mounted in this fashion clear the "plain sight" judgement call of the LEO?

Dan W:

--- Quote from: davep on December 04, 2014, 10:46:45 PM ---If a handgun was holstered, or mounted ON the console of your vehicle, with nothing covering it, would it meet the "capable of being seen" requirement of the statute?
--- End quote ---
I assume you don't have a permit or you would not be asking this...any way, back in the day before CCW was allowed I carried on the front seat in a holster and was ready to move it to the dash for better visibility if I thought it was necessary, but I never was involved in a traffic stop while OC'ing so I don't really know how effective that would have been, but I know others did and were successful at avoiding a CCW charge.

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