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IWB open carry?

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

Hale doesn't adress this issue specifically, but we know the courts in CA are known for their ability to defy logic. Imagine them getting to take a whack at the definition of concealed! Not a pretty prospect...

Now, in an ideal world where our courts are fair:

Since the legislature did not provide a clear definition for "concealed" in the statute, the court must use it's common/ordinary definition. This means they will look it up in their dictionary and then apply that definition. (In reality they torture both the English language and logic to bend that definition to their will.)

Here's Merriam-Webster's take on the meaning of the word "conceal":

1 : to prevent disclosure or recognition of <conceal the truth>
2 : to place out of sight <concealed himself behind the door>
If you could get an honest reading of the definition, I think a 12025 conviction would be thrown out as long as the weapon is clearly visible and recognizable as a firearm. Looking at the pictures in the OP there is no way the firearm is concealed.

So, the real problem here is that we cannot trust the courts to apply the law fairly. You better be able and willing to either do your time or put up a lot of money to mount a good defense (and then possibly do the time anyhow).
 
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