It is illegal to carry a concealed weapon without a permit to do so. This is because weapons can do much harm in the hands of those who are irresponsible or intent to use them for bad. Innumerable crimes, injuries, and deaths have started with the violation of carrying a concealed weapon.
As a result of this, every state has made it illegal to carry a concealed weapon except when there is a permit or a special exception. State statutes differ on the types of weapons that are prohibited, but regardless of what the weapon was, there are two requirements that are always mandatory when proving this crime.
First of all, the prosecution must prove beyond a reasonable doubt that the weapon was carried. A carried weapon is one that moves with you, or one that you have in your possession. For example, if an individual has a gun in a holster hidden under his jacket, this would be considered a carried weapon because it moves as the individual moves. Having a rifle mounted in your home would not be considered a weapon that is carried unless you take it off the wall and out in public.
Many defendants will get hung up on the fact that they may not have been physically moving at the time of arrest. The court declares that a person can be arrested for a concealed weapon while sitting, standing, or lying down as long as the weapon is in a place where it would continue to move with the suspect should he or she stand up and walk away. If an illegal weapon is in your pocket while you are asleep, this still counts as a carried weapon. Also, the weapon does not necessarily need to be on your person.
Some individuals may hide a gun under the seat of their car or in the center console. In most states, if a weapon is merely within easy reach or control, it is considered carried. If you hide a revolver in a briefcase or paste it under your bicycle then these can be considered concealed weapons event though they are not physically on your body.
The other requirement is that the weapon must be concealed. It's not enough for you to simply be carrying a weapon; you must be hiding it as well. Concealment is defined as carrying the weapon in a way so that a person would not be able to view it if that person met you on the street or was interacting with you in an ordinary way.
Having a weapon that is only partially concealed, or one that is concealed from a particular angle, is normally not enough to prove this crime. Instead, some states require that the entire weapon must be concealed. Other states will rules that even if the weapon is viewable it can still be considered concealed, and some state require that even partially concealing a weapon can be enough.
The right to keep and bear arms is a federally protected right, so anyone who criminalizes a person for carrying a concealed weapon must keep these rights in mind. All concealed weapon laws must specifically limit the kinds of weapons that are prohibited such as knives, firearms, and explosives. This way many individuals will be protected from arrest for simply exercising their rights.
Also, most state laws prohibit carrying a concealed weapon but they offer an exception to a person who is on his or her personal property or is in a place of business State laws vary widely on this subject, but you may want to challenge a charge if the offense took place on your own property or in a location where weapon carrying should be legal.
