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OldSchool wrote:

gigag04 wrote:

WildBill wrote:

Excaliber wrote:

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?

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.

What about this scenario?

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?

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.

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.

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 ).
On the other hand, I doubt that search and seizure would require a higher level Reasonable Cause.

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.

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.