Need an answer to a discussion

[dennishoddy]

A co-worker passed his ccw class and bought a Keltec P3AT. He is wanting to carry it with the little clip that mounts on the side. It does show about 1/2" of the top of the pistol. If you didn't know what it was, it would resemble a pocket knife with the clip on it.
In our discussion with several present, I stated the if any of it showed, it was not "concealed". If he had his shirt out over it, it would be concealed, but he and the others had the opinion that if you can't tell what it is, it would be legal to carry it that way.
Am I right or wrong?

 

[NikatKimber]

Joe Blow may not be able to identify it, and it would be concealed from his perception, but not from someone who knew guns. What if a LEO came along who knew their guns?

IANAL, but I say that is NOT legally concealed.

 

[264Magnum]

If you can see it, then it isn't concealed.

 

[Stephen Cue]

TITLE 21 § 1290.2. Definitions
DEFINITIONS
As used in Sections 1 through 26 of this act:
1. Concealed handgun means a loaded or unloaded pistol carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger;

In my personal opinon, if you cannot tell that its a handgun, then its not detectable, But....a clip mounted to the handgun is PART of the handgun. Even though it doesnt say it has to be 100% concealed from detection, it does say it has to be concealed from detection.

I would not recommend a partial conceal simply to not give way to curiosity. The "hidden from detection" could also be interpreted as something that may lead people to believe it is a gun.

Since there have been no cases/arrests that could make way to set a precedence by a Judge, it would be left up to best judgement of the carrier.

....or if an LEO wants to make a case

 

[Martialartsblackbelt]

does this ,mean i cant carry a magazine pouch visible?

 

[Stephen Cue]

does this ,mean i cant carry a magazine pouch visible?

no, unless a handgun is attached to the mag at the time

 

[grwd]

You've concealed the fact that it's a handgun

if you are bulging and a cop can tell it's not a knife, then oops on you.

 

[Shoot Summ]

I carried mine like that for awhile, it does look like a pocket knife, I was never comfortable that it was concealed well enough. Plus it was hard to draw, not an optimal rig.

 

[SMS]

The law says "Hidden from detection and view"...not "disguised or made to appear like something else subjective to the perception of the viewer."

If your gun is showing...it is showing.

 

[dennishoddy]

The law says "Hidden from detection and view"...not "disguised or made to appear like something else subjective to the perception of the viewer."

If your gun is showing...it is showing.

Exactly my thoughts. It doesn't matter if it 1%, its still showing.
I was waiting on responses from you guys so that I can get back with the guys at work. I now have ammo. Thanks guys!