What constitutes "concealed"?

[XACEX]

what constitutes a firearm being "concealed," i.e, does it have to be completely concealed to be considered "concealed" and require a LTCF? obviously an open carry holster conceals part of a gun but is still considered open carry. If a firearm is only partially concealed (top covered by shirt or whatever) do you need a LTCF? Where does the law draw the defining line between what is "concealed" and what is "open"?

[rikilii]

I'm not sure if "concealed" is defined in the PA statues, but it is defined in the TX state laws:

"Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

Keep in mind, however, that the purpose of the concealment provisions in TX and PA seem to be different, so the definition might also be different.

In PA, concealment is prohibited without a license. So it would appear that the definition of concealment would be broader (e.g. partial or temporary concealment is probably still considered concealed), because the goal is to prevent unauthorized people from carrying concealed.

In TX, concealment is required for anyone who carries (i.e. open carry is illegal). Since the purpose is prevent people around you from becoming alarmed, the definition of concealed should be narrower (e.g. partial or temporary concealment not good enough to be considered concealed).

That's how I personally view it, FWIW. However, IANAPAL, so I have no idea what I'm talking about. In any case, if you plan to carry a firearm, I can't even begin to imagine why you wouldn't get an LTCF, unless you never plan to get into a vehicle or go within 1000 feet of a school with it.

[donm]

I'd think that even if you want to open carry, it would be risky to do so without an LTCF for this very reason. It's open to interpretation. And the problem with transporting the gun in a vehicle. And the cold weather problem. The process in Chester County takes about 2-3 weeks and the deputy at the desk was very helpful. The application is on the sheriff's web site.

[Pa. Patriot]

Obviously it is easier to OC with an LTCF. But one must remember that not all persons can obtain an LTCF (18-20yr olds, etc)

However, I didn't see the OP ask that. He asked what is "open" and what is "concealed"

Since there is no definition in the UFA (law) one must assume the common definition to be at least the basis for any court decision.

As such, concealed means not recognizable by a casual observer, or similar depending on what dictionary you use. As pointed out, other states do have definitions that fit pretty closely with the common definition.

To be safe, "open" should be completely open. IWB carry, with no cover garment is, IMO, open, as you can plainly see the handgun, but it could invite an unwarranted citation that you would then have to fight in court.

As with ALL laws and definitions used in those laws, an officers interpretation can put YOU on the defending side of a criminal charge.

[XACEX]

thanks i just wanted to know if there was a definition in the pa statutes. if i OC ill keep it obvious just to be safe.