So having a light bulb out is probable cause, more so than stating that you always carry a gun. I guess if you are not driving, it is hard to tell if you have a dim bulb. The law works in such mysterious ways.OldSchool wrote:I agree that word of mouth would not be sufficient, but that wouldn't necessarily keep you from a traffic stop (unless you give the officer no other reason to stop you -- keep those light bulbs working ).gigag04 wrote:For what charge? I wouldn't think you're meeting the elements of any of the weapons offenses by merely discussing a method in which you prefer to carry with a gun store employee. To articulate PC to search, a reasonable person in the officer's position would have to have reason to believe that a crime is occuring and you have evidence of that crime on your person, or that contraband may be found.WildBill wrote:What about this scenario?Excaliber wrote:I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?
In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."
An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?
Part of establishing that will need to come from why he is there at a gun store in the first place, and why he is listening to you.
If you were in a smoke shop and got in a discussion about how you prefer to smoke weed, I don't think that alone would meet the definition of probable cause.
On the other hand, I doubt that search and seizure would require a higher level Reasonable Cause.
"Concealed" ?
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Re: "Concealed" ?
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Re: "Concealed" ?
The word "always" is key. If the conversation went further and the customer revealed he is not a current LEO or a LEOSA qualified former LEO the technical requirements for probable cause may have been met.
Excaliber
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I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
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Re: "Concealed" ?
Discussing drug use in a smoke shop is a good way to get kicked out really really quick. Don't ask me how I know.gigag04 wrote:
If you were in a smoke shop and got in a discussion about how you prefer to smoke weed, I don't think that alone would meet the definition of probable cause.
"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.."
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Re: "Concealed" ?
Thank God! I had breakfast this morning with Dragonfighter and BrianSW99, and Dragonfighter asked me what my daily carry was. Without even thinking about the consequences, I answered him truthfully. I even told him what holster I use! Man, you really have to watch yourself.mgood wrote:I'd say telling somone in conversation is absolutely not a failure to conceal.
I know some on this forum will disagree with that position though. My opinion is worth what you paid for it.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
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