So a covered holster is concealed or not concealed?

[Lothaen]

Lets say you have a holster on your hip OPEN for all to see but it has a flap that covers the pistol. It is obvious that it is a holster for a weapon.

Legal to Open Carry or is this a concealed handgun?

This is all hypothetical btw. I can carry how I wish with my LTCF.

Thanks!

[tourture]

My opinion ? Open.

[HiredGoon]

I'd say you are OCing the holster, but CCing the pistol since the gun itself is hidden from view.

[LorDiego01]

I vote OC, because you can tell its a gun in plain sight.

[cadence2arms]

It's considered open if it is in a holster or carrier made for firearms, that can be seen. This is a different state, all I could find.

The following is a state law defining a concealed weapon:

62.1-04-01. Definition of concealed. A firearm or dangerous weapon is concealed if it is carried in such a manner as to not be discernible by the ordinary observation of a passerby. There is no requirement that there be absolute invisibility of the firearm or dangerous weapon, merely that it not be ordinarily discernible. A firearm or dangerous weapon is considered concealed if it is not secured, and is worn under clothing or carried in a bundle that is held or carried by the individual, or transported in a vehicle under the individual's control or direction and available to the individual, including beneath the seat or in a glove compartment. A firearm or dangerous weapon is not considered concealed if it is:

1. Carried in a belt holster which is wholly or substantially visible or carried in a case designed for carrying a firearm or dangerous weapon and which is wholly or substantially visible;
2. Locked in a closed trunk or luggage compartment of a motor vehicle;
3. Carried in the field while lawfully engaged in hunting, trapping, or target shooting, whether visible or not; or
4. Carried by any person permitted by law to possess a handgun unloaded and in a secure wrapper from the place of purchase to that person's home or place of business, or to a place of repair, or back from those locations.
5. A bow and arrow, an unloaded rifle or shotgun, or an unloaded weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon commonly referred to as a BB gun, air rifle, or CO 2 gun, while carried in a motor vehicle.

[PA-Joe]

So my guntoters fanny pack is considered Open Carry?

[gnbrotz]

Point #2 seems to significantly undermine 6106 as it relates to unlicensed vehicle carry. I wonder if that definition has ever been successfully used to defend against such a charge?

While I certainly don't recommend one do this, it would also seem to give some weight to the oft parroted "I can take it xyz as long as I unload it and put it in the trunk". Further, point #2 does not even require that the firearm be unloaded.

Very interesting food for thought. Cadence, do you have a link to where you found that info? I will be very interested to see what others here who are well-versed in the law have to say about this.

Never mind. The referenced definition is from North Dakota statute, not Pennsylvania's.

[rwilson452]

So my guntoters fanny pack is considered Open Carry?

I don't think the "average" person would see it as a holster. They would assume it is just a fanny pack. Thus, it would be consealed.

[cadence2arms]

Point #2 seems to significantly undermine 6106 as it relates to unlicensed vehicle carry. I wonder if that definition has ever been successfully used to defend against such a charge?

While I certainly don't recommend one do this, it would also seem to give some weight to the oft parroted "I can take it xyz as long as I unload it and put it in the trunk". Further, point #2 does not even require that the firearm be unloaded.

Very interesting food for thought. Cadence, do you have a link to where you found that info? I will be very interested to see what others here who are well-versed in the law have to say about this.

In the supreme court of the United States

[ImminentDanger]

Point #2 seems to significantly undermine 6106 as it relates to unlicensed vehicle carry. I wonder if that definition has ever been successfully used to defend against such a charge?

While I certainly don't recommend one do this, it would also seem to give some weight to the oft parroted "I can take it xyz as long as I unload it and put it in the trunk". Further, point #2 does not even require that the firearm be unloaded.

Very interesting food for thought. Cadence, do you have a link to where you found that info? I will be very interested to see what others here who are well-versed in the law have to say about this.

It appears the quoted law is from North Dakota:
http://www.legis.nd.gov/cencode/t621c04.pdf

Although Arizona seems to have a similar verbiage....

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