Going to ask a silly question. If you go to a restaurant and your weapon seems to be concealed by the wall, do you put it on the table?
Be nice if there was a Code, or case law, that definitively addressed this.
Not a silly question at all.
This has come up a number of times before. A wall, the side of a booth, or some other physical structure which might seem to hide your OC'd sidearm is not considered "hidden from common observation" in the general sense. You enter the restaurant, are guided to a table, and take your seat and there just happens to be some sort of obstruction on your strong side. You're fine. Your intent was not to hide the firearm no more than if you were standing next to a pole or another individual and your arm was not commonly visible.
Since INAL and I know there are others here far more knowledgeable about such matters than myself, I hope one or more of them chimes in with their take on this one as I would also like to hear a more succinct answer myself.
This is how I explain OC - not hidden from common observation.
Imagine that you are standing alone in the center of the field of a huge outdoor stadium with thousands of people in the stands. You are OCing a gold Desert Eagle in a minimal holster with spot lights all focused on you. Now slowly turn 360 degrees. Is you handgun "hidden from common observation?"
Now change the scenario to OCing a black Kel-tec P-9 in a black level III holster while wearing all black clothing and sitting in a dimly lit, closed phone booth - remember those? Is your handgun considered "hidden from common observation?"
Same answer either way - NO - it is not "hidden from common observation!"
It matters not where you stand, sit, or otherwise place yourself i.e on a stadium field , in a vehicle or restaurant booth. Simply what effects the condition is how you dress and whether or not you cover/hide your handgun. No shirt, coat, poncho, black plastic bag or the like over your body hiding the gun; thereby leaving it available to be seen by anyone in a position to see it, is OC.
Whether the can see it or not because of obstacles between their position and you is NOT a concern. You have done your part - the rest (observing) is up to the other person. I am reminded of an old adage - some people see, others observe.