Friday, November 4, 2011

Is an empty gun in a case concealed?

Caller: I have a question about concealed carry. If you have an empty gun in a case, is it still considered to be a concealed weapon if I am in a car with it or walking around with it? Is a fully encased and unloaded weapon still a concealed weapon?

Regardless of whether your handgun is loaded or unloaded, it is still a weapon. If you carrying it concealed, it is a concealed weapon. A weapon in a car's glove box, trunk or under a seat is a concealed weapon. A weapon lying on the seat isn't concealed, but it is a weapon and you are 'carrying a weapon' if it is within your proximity. Even fully disassembled weapon has been considered to be a weapon by the Supreme Court.

Notably, you might not want to cruise around with a gun on your front seat.