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Open Carrying wearing see through clothes?

richarcm

richarcm

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...I'm referring to the see through parkas. I bought one for the Tea Party because the weather was yuck and didn't want the gun to get too damp. I never ended up using it but was wondering if carrying underneath of a clear parka would be openly carrying or concealed carrying. I'm sure it would be open carry as you can see through it. But it IS still covered up and when raining and such it would be difficult to see the gun clearly.

Just a thought. :dude:
 
richarcm

richarcm

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ODA 226 wrote:
When in doubt, always err on the side of caution.
Click to expand...
I have my permit so it doesn't really matter for ME but it was just an interesting question....in my mind at least.
 
M

mercutio545

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IANAL, but "concealed" means that the "true nature" of the object in question is hidden from common observation. See COV §18.2-308:


*SNIP*
For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
Click to expand...
IMO, since the weapon is not hidden from common observation, then it is not concealed. Anyone else agree?
 
J

Jonesy

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mercutio545 wrote:
IANAL, but "concealed" means that the "true nature" of the object in question is hidden from common observation. See COV §18.2-308:


*SNIP*
For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
Click to expand...
IMO, since the weapon is not hidden from common observation, then it is not concealed. Anyone else agree?
Click to expand...

Actually, a better way of saying the above is concealed "includes" when object in question is visible but is ofsuch deceptive appearance so as to disguise the weapons true nature. This is for one who tries to disguise the weapon. But concealed also includes when the weapon is not visible at all.

If the weapon can be seen as a weapon through the clear material, it is probably not concealed. But if it is hard to see it is a weapon, an LEO or judge may not agree.
 
R

ravonaf

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Dec 8, 2008
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, ,
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Jonesy wrote:
mercutio545 wrote:
IANAL, but "concealed" means that the "true nature" of the object in question is hidden from common observation. See COV §18.2-308:


*SNIP*
For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
Click to expand...
IMO, since the weapon is not hidden from common observation, then it is not concealed. Anyone else agree?
Click to expand...

Actually, a better way of saying the above is concealed "includes" when object in question is visible but is ofsuch deceptive appearance so as to disguise the weapons true nature. This is for one who tries to disguise the weapon. But concealed also includes when the weapon is not visible at all.

If the weapon can be seen as a weapon through the clear material, it is probably not concealed. But if it is hard to see it is a weapon, an LEO or judge may not agree.
Click to expand...

I do believe that at these so called "gun buy back" programs some Law Enforcement departments tell people to put thier guns in clear plastic baggies. Sounds pretty stupid to me but you are probably correct. Even if covered as long as it's visible as a weapon.
 
N

nova

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Joined
Aug 19, 2007
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3,149
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US
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ravonaf wrote:
Jonesy wrote:
mercutio545 wrote:
IANAL, but "concealed" means that the "true nature" of the object in question is hidden from common observation. See COV §18.2-308:


*SNIP*
For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
Click to expand...
IMO, since the weapon is not hidden from common observation, then it is not concealed. Anyone else agree?
Click to expand...

Actually, a better way of saying the above is concealed "includes" when object in question is visible but is ofsuch deceptive appearance so as to disguise the weapons true nature. This is for one who tries to disguise the weapon. But concealed also includes when the weapon is not visible at all.

If the weapon can be seen as a weapon through the clear material, it is probably not concealed. But if it is hard to see it is a weapon, an LEO or judge may not agree.
Click to expand...

I do believe that at these so called "gun buy back" programs some Law Enforcement departments tell people to put thier guns in clear plastic baggies. Sounds pretty stupid to me but you are probably correct. Even if covered as long as it's visible as a weapon.
Click to expand...
Do Police Depts. doing the "taxpayer funded gun grab" have an FFL? Because then it would be exempt from the CCW law as the person would be on the way to a place of purchase/repair/etc.
 
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