Show me a cite the states open carry is legal. You'll be there a while... There isn't one.
If I'm standing face to face to a cop he can't see that I'm carrying, would you consider that to be concealed?
Article 1 Bill of Rights.
Section 13. Militia; standing armies; military subordinate to civil power. â€” That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed
; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
Va. Constitution Va. Con. Art. 1 Â§ 13 (1971)
2) Doesn't matter what I'd say. I've defended cases in which that's exactly what happened. The cop came in and said he couldn't see the gun and it was therefore "hidden from common observation", because the defendant had it holstered on the other side. I've also defended cases in which the cop said the gun was hidden because it was in a holster. Same with OC in cars. In the General District Courts it all depends which way the judge goes politically; overall I'd say I've won more than half, but the cop succeeded in punishing the defendant because he had to go to the trouble and expense of defending himself.
So I'm on the side of "better safe than sorry". It's not what's legal, it's what will get you arrested. In our system, all too often, the cops have the idea that it's their idea to identify and arrest the "bad guys". That's because that's what the public expects. In theory, we're all "bad guys", all of us have "broken the law" in some way or another, and we're all (cops included) guilty. That's why the test at trial isn't "innocent or guilty", because no one is "innocent". But that's all theory. Reality is a function of power, and the state and its agents have the power.
I'm all for people testing the limits and I'd be more than happy to defend anyone who is improperly arrested on account of a purported firearm related offense. But I can also respect those who don't want to have to explain why they missed work on account of having spent the night in jail with the wino's, pimps, and petty burglars.