imported post
A correction to previous notes:
Slayton is not the duffel bag case, that was Main vs. Commonwealth. Slayton is a different and more relevant set of facts:
"Except for a "couple of inches" of the butt of the handgun protruding from Slayton's pocket, the rest of the weapon was completely hidden. And even those "couple of inches" were observed by Deputy Spencer only during the close-quarters encounter of a weapons frisk, not beforehand....Slayton disagrees, arguing that the firearm was not hidden from common observation because Deputy Spencer observed a portion of the butt protruding from Slayton's pocket and immediately knew it to be a handgun. Anyone else observing Slayton from that vantage point, he contends, might likewise have seen it.... Unlike a factfinder at trial, "reasonable law officers need not 'resolve every doubt about a suspect's guilt before probable cause is established.'" Id. (quoting Torchinsky v. Siwinski, 942 F.2d 257, 260 (4th Cir. 1991)). We reject, therefore, Slayton's assertion that the alleged insufficiency of the evidence for a conviction necessarily precludes a finding of probable cause. Because Deputy Spencer had probable cause to believe Slayton illegally possessed a concealed weapon, Spencer had authority both to arrest Slayton and to search him incident to that arrest. "
This is relevant to "exposed butt(of the handgun folks, not droopy drawers) carry. Further, if you read it along with Fountain (from virginia1774) the violation of law *can* occur if someoneinadvertently or through the course of normal acts conceals.
"Under this standard, Deputy Spencer had probable cause to believe Slayton was carrying a concealed weapon in violation of Code § 18.2-308. Except for a "couple of inches" of the butt of the handgun protruding from Slayton's pocket, the rest of the weapon was completely hidden. And even those "couple of inches" were observed by Deputy Spencer only during the close-quarters encounter of a weapons frisk, not beforehand. A reasonable probability exists, therefore, that Slayton's firearm —— both at the time of the pat-down and during the few moments immediately preceding it —— was "hidden from all except those with an unusual or exceptional opportunity" to observe it."
You are free to carry a handgun in an IWB holster with the butt exposed, however, I would point out that you could be in violation of Virginia's Concealed handgun prohibition, just as the above referenced case shows. YMMV. You may not be hassled. Some police would certainly be immediately aware of the butt of a handgun, some may not, however. Remember that you can't just assume your handgun is not hidden from common observation...
IMO, Slayton precludes "exposed butt(of the weapon) IWB" as open carry but as I said, YMMV.
