My question is actually twofold – One being the clarification of the law as it relates to a holstered gun in a daypack and whether that is CC, and the other question in regards to the term "on one’s person" as it is used to define gun laws in general.
I run around all day carrying a day pack (hanging from my hand) that is loaded with books, notebooks, music books, harmonicas, guitar tuners, gloves (in the winter), snack food, checkbooks, sunglasses and more. A mixed mess of stuff.
I have been OC-ing. But I have gotten mixed answers regarding whether a holstered gun tossed in my pack is CC or not.
One gun store clerk (whom I trust as being ANYTHING but a misinformed rookie) told me that he has questioned a police officer friend of his regarding this very issue only to be told that it’s "baggage". That’s right, BAGGAGE. Then I have had others tell me that it is CC because it is "on my person" and not openly or plainly visible for anyone approaching me to see.
My counter-argument to the latter however is that it is also by no means readily available to me. I would have to 1) set down my pack, 2) unzip it, 3) rummage through the contents to find the gun, and then 4) take it out of its holster. Essentially four steps BEFORE having it available for use. Is that considered to be "on my person" just because it is hanging by two shoulder straps in my fingers when all it takes for me to drop said pack is to have somebody shove me unexpectedly?
It is one thing to be strapped to one’s body in a holster. Someone could jump you, but your gun is still "on your person" even as you are rolling on the ground wrestling with your assailant. But not so in this scenario!
Or to take that a step further, if having a holstered gun in my day pack is considered CC, what about having it in a suitcase that is rolling behind me but which is connected to my "person" by a four foot long pull strap? Same scenario. I would have to stop, unzip my luggage, rummage through my clothes and toiletries before getting to my gun to finally unholster it.
My point is, what constitutes being "on one’s person" (i.e. fixed to their BODY), as vs. something that is an EXTENSION of their "person", loosely attached to one’s extremities (fingers/hands) and which can be easily dropped or separated from that person by an unexpected shove, attack or assault. That to me is neither a part of my "person", nor is it readily accessible. And as such, I would ask, How is that considered CC?
Would somebody please define what exactly is legally "on one’s person", and what, by contrast, constitutes something being an extension of that person but not actually a part of "one’s person"? Then – only after you have defined the terms – are you then invited to chime in on the day pack/CC issue, since we cannot clear up the day pack issue without the term "on one’s person" FIRST being defined.
My suspicion is that the term is loosely and vaguely defined intentionally to give the state more latitude, legal power, or control. If such is the case, does it not behoove us to get it narrowly and specifically defined for the protection of our liberties and right to carry?