Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
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    (Berks County)
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    Default Is this open or concealed?

    Yesterday while walking the dog I wondered what an Officer might say if he pulled up to have a chat with me? I was carrying my Glock 26 in the Crossbreed Supertuck however my shirt was tucked in and the gun was on the outside of the shirt. So basically half my gun was concealed and half was open. I do have my LTCF but if I was stopped and asked for it could I deny them the pleasure because I was open carrying? Or, would he be justified to come back and say well half of it is concealed so fork over that LTCF? Basically when open carrying must the entire gun be visible? My guess is yes ....

    If I'm right then I was actually CCing.

  2. #2
    Join Date
    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Is this open or concealed?

    IMO, you were open carrying. To the observer, there was no question you were carrying a firearm, thus it was not 'concealed'.
    Get your "Guns Save Lives" stickers today! PM for more info.

  3. #3
    Join Date
    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Is this open or concealed?

    Could someone reasonably discern it to be a firearm, in common view? I'm sure they could tell it was a gun if they could see it. ...so, it was open.
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    Don't end up in my signature!

  4. #4
    Join Date
    Dec 2008
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    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: Is this open or concealed?

    Thanks guys, I was just wondering where the line was. But its probably not a question that can be answered. An everyday run of the mill person who does not own/care about firearms wouldn't be able to distinguish just a grip exposed as being a gun. Yet I could, so since I can still openly see the wearer has a gun is he still Open Carrying?

  5. #5
    Join Date
    Sep 2009
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    Bucks County, Pennsylvania
    (Bucks County)
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    Default Re: Is this open or concealed?

    The PA statute does not have a definition of concealed, but FWIW, Texas does:

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

  6. #6
    Join Date
    May 2008
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    Olyphant, Pennsylvania
    (Lackawanna County)
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    Default Re: Is this open or concealed?

    Do they really even have the right to demand your LTCF if your conceal carrying and they catch sight of it? I would say no.

  7. #7
    Join Date
    Sep 2009
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    Bucks County, Pennsylvania
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    Default Re: Is this open or concealed?

    You are required to produce your LTCF in response to a "lawful demand" by an LEO.

    Nobody knows what "lawful demand" means.
    Almost a LIB .... ertarian

  8. #8
    Join Date
    Feb 2009
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    50 acres in montco, Pennsylvania
    (Montgomery County)
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    Default Re: Is this open or concealed?

    This is all I could find on the definition of concealment.
    http://scholar.google.com/scholar_ca...t=800000000004

    189 Pa. Superior Ct. 399 (1959)
    Commonwealth
    v.
    Butler, Appellant.

    Superior Court of Pennsylvania.

    Our interpretation of the statute under consideration is that the issue of concealment depends upon the particular circumstances present in each case, and is a question for the trier of fact.
    The 2A does not GIVE us the right. It tells the gov they can not INFRINGE our right.

  9. #9
    Join Date
    Sep 2009
    Location
    NE Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Is this open or concealed?

    In my opinion, you were OC. Part of the weapon was exposed, you made no real attempt to cover (your shirt was tucked BEHIND the holster). If your shirt were OVER the gun/holster then you would be CC.

  10. #10
    Join Date
    Dec 2008
    Location
    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: Is this open or concealed?

    Thanks gents! Carried again same way today. It's hard to find a OWB for my G26 with the crimson trace (connect in front of the trigger guard).

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