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View Full Version : What is "partially concealed"?


E Pluribus Unum
05-24-2010, 3:08 PM
I am considering a handgun mount for my Jeep. I am considering screwing a kydex ISWB holster to a piece of angle iron thats screwed to the underside of the dash so that it could be easily accessible. It would be no more concealed than a gun in a holster open carried. 12025 (f) would seem to apply. It does not require the holster to be worn on the person.

jonnyt16
05-24-2010, 3:24 PM
Do you have your CCW license? Check out my thread in the General Discussions forum to see what I did to my Jeep... http://www.calguns.net/calgunforum/showthread.php?t=303730

Glock22Fan
05-24-2010, 5:16 PM
Partially concealed is the same as partially pregnant in the eyes of the law.

When it is supposed to be open carry, it must be totally so (except for the holster), when it is supposed to be concealed, it should be totally so.

E Pluribus Unum
05-24-2010, 5:19 PM
Partially concealed is the same as partially pregnant in the eyes of the law.

I know... that is my point.

A gun openly carried in a belt holster is partially concealed. One can only see the top of the gun sticking out above the belt.

So then, a Glock in a holster that is attached to a dash where you can only see the top part of the gun should also meet the exception in 12025 (f).

Do you have your CCW license?

No

Glock22Fan
05-24-2010, 5:41 PM
A gun openly carried in a belt holster is partially concealed. One can only see the top of the gun sticking out above the belt.

So then, a Glock in a holster that is attached to a dash where you can only see the top part of the gun should also meet the exception in 12025 (f).


But you do see a part of the gun, and most people would recognize a holster. Anyway, a gun in a holster is a specific exception, a case where the law has decided that a gun in a holster displayed on a belt is kosher. I doubt that a gun in an IWB holster would be regarded the same by some D.A.'s (especially ones such as Theseus had), and I'm pretty sure that a gun simply stuck into your waistband wouldn't start to pass the smell test of most cops.

(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.

Note that this is giving an example, not the only instance. A firearm carried openly in a shoulder holster should be OK, as should a firearm hung around your neck on a piece of string. An ankle holster should be OK, if you are wearing it over your socks and also wearing shorts.

But, how about a firearm in a pocket holster with only an inch or two of butt hanging out? And, how about a firearm carried in an IWB holster? Is that "not concealed?"

Unless there is a test case, I for one, wouldn't risk it. Of course, there will be people on this board who pooh-pooh this and say I'm overcautious to the point of burning my rights under the constitution (that accusation happens often), but that's just me.

Now, if you fixed the holster to the front of the dash, where it can all be seen, maybe you would have a stronger case.

Billy Jack
05-24-2010, 5:43 PM
I know... that is my point.

A gun openly carried in a belt holster is partially concealed. One can only see the top of the gun sticking out above the belt.

So then, a Glock in a holster that is attached to a dash where you can only see the top part of the gun should also meet the exception in 12025 (f).



No

You can also assume during contact with a LEO he will only shoot to wound because you are only partially concealed. Do these ridiculous scenarios come from drug flashbacks or far too much leisure time?

Just one Brave's musings.

Billy Jack
'The force is strong with this one'


www.californiaconcealedcarry.com

alex00
05-24-2010, 5:45 PM
12025(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.


Is your holster still a belt holster when you take it off? Can you remove the holster from your mount and wear it on your belt? The law only specifies belt holsters. If this were the case, then all the open carriers could be arrested for concealed carry if they wear thigh rigs, shoulder holsters, or any other holster not attached to the belt. But I think the law is vague enough that any holster, displayed openly, wouldn't conceal the gun for purposes of 12025.