Legal Question in Criminal Law in California

Unconcealed Weapon

Please help settle an argument between my friend and I:

Califronia Code says it is illeagal to carry a CONCEALED weapon. Is it,

therefore, legal to carry an unconcealed weapon, e.g. carrying a hangun in

plain view in a holster?

Thank You.

--name removed--Snow


Asked on 4/26/05, 7:19 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Unconcealed Weapon

Carrying a handgun in a holster is arguably not 'un-concealed' - not all of it is visible. IF it is unloaded, and is in plain view, not in your hand, you probably are not technically in violation, but to any police officer who sees you walking down the street, you are a probable cause stop that easily might be a nose on the ground frisk. Go ahead, make his day.

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Answered on 4/27/05, 5:40 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Unconcealed Weapon

Carrying a weapon concealed on your person is a separate crime and is separately charged from carrying a firearm without a permit. For items that can be characterized as weapons, such as knives, carrying them in your pocket is a violation, but you may carry a knife in a holster as long as it's not concealed and as long as the knife does not exceed the limit in length as proscibed by the Penal Code.

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Answered on 4/26/05, 9:33 pm


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