dumb question

[chipperi]

The reason I ask is I have been crossing into VA more and more often. In VA you can open carry with no permit. Would an IWB holster be considered concealed. I alway keep concealed and have a permit but am just curious.

[Punisher84]

If it's covered it'd be concealed, but if you wore a tucked in shirt and could see the grip and such that'd still be considered open carry.

[Fallguy]

If it's covered it'd be concealed, but if you wore a tucked in shirt and could see the grip and such that'd still be considered open carry.

That's the way I see it.

[Guest bkelm18]

When I lived in Virginia, the basic rule of thumb was that in order to be open carried, the gun must be carried in a way in which there was no possibility that it could be confused for anything else. If someone were to see it and have some confusion as to what it might be, it was considered CC and not OC. So, I heard of many LEOs interpreting that as meaning that the entire gun must be visible and not tucked in or anything.

[Fallguy]

Well that does make sense to some degree....since a lincense is required to CC in VA....but not to OC.

Guess it would need to be obvious OC otherwise it might could be CC and need a license.

[DaveTN]

If a person did not have a carry permit; I would not chance an IWB holster.

There does not appear to be any real definitions. (But again we don’t have much access to case law) So it looks like it is up to the Officer and you may possibly find yourself in court charged with a weapons violation.

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or...[sNIP]...he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. 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.

Read the full law here..

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

From the VA State Police website...

http://www.vsp.state.va.us/Firearms_ResidentConcealed.shtm

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.

Based on the statute and decisions rendered by the Supreme Court, a weapon is considered to be concealed at any time it is placed in a location as to be within reach of the person, without the person being required to make an overt act to retrieve such weapon, when such weapon is hidden from common observation. Placing a weapon under the seat, on the seat hidden from common observation, or at any location from which the weapon can readily be retrieved is considered to be concealed. A person carrying a weapon in the unlocked glove compartment of an automobile, if the person does not have a permit or otherwise fall within any statutory exemption, is a violation of § 18.2-308(A), unless some particular fact or circumstance renders the weapon inaccessible.