General Categories > Carry Issues

When is handgun considered concealed?

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Dan W:
One thing to consider...if the LEO can see it then it is capable of being seen, but that would be my black and white way of thinking that usually gets me in trouble

davep:
I fully understand the Concealed Carry Permit negates this question, and I have not had any problems, or charges brought against me. I am trying to establish that since the Concealed Handgun Act did define what is considered concealed, and since the precedent was set in the Walgreen's shooting that "any part is capable of being seen" does matter, why does LE continue to operate under the plain sight requirement that has never had any statutory basis?

davep:

Quote (selected)
One thing to consider...if the LEO can see it then it is capable of being seen, but that would be my black and white way of thinking that usually gets me in trouble
     Logged

We are on the same page here. Unfortunately you are also correct in your prediction of that thinking getting you in trouble.
Even after the LEO put in his report that "saw the grips of a handgun" he went all out, and made the arrest, confiscated the firearm, and impounded the vehicle. Fortunately the County Attorney did decline to prosecute, but a why put someone through that wringer in the first place? This happened 3 months ago, and the individual just got notification he could drive over 100 miles to the headquarters and recover his firearm.

OnTheFly:
I'm glad that worked out ok for the person, but that is quite a hassle to go through.  When a LEO makes a wrong interpretation such as in this example, is there any followup by the county attorney to educate the police officer or maybe the entire force on this subject?  If I were the attorney, I would want the officers to know the law better because that would make less work for me.  I wold bet that this particular officer won't make that mistake again.

Fly

davep:
Fly, your point of correcting a wrong interpretation is why I posted this incident. I do believe the LEO made the charge based on his training. I believe the mis-interpretation is still being taught as this LEO had a new trainee with him, hence the problem is being passed on. It is my hope this post might cause some to re-think some of what is taught at the Law Enforcement training facilities.

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