[dave_in_delaware]

OK, here's a specific situation that I thought I'd throw out there....

When going to the barber shop for a haircut (or whatever), and you're openly carrying your firearm, when the barber drapes the big cape thing around you, and covers your gun up....

Is that considered a concealed firearm then? Do you uncover it and tuck the cape behind the gun/holster to keep it in view? Or is it a "technicality" and OK since people in there could have seen you walk in w/ it?

Yes, those of you w/ your CCDW License need not worry about it... but some of us don't have that magical license.

And before anyone asks, I have OCed into the barber shop (in farmer's market), gotten a haircut with the cape over me, and it totally covered my firearm, and at the time, I never even thought about the legalities in that situation... so that's why I'm bringing it up.

[myopicvisionary]

Whenever I had my haircut while carrying, I always made sure my carry remained OPEN.

[DSF Training]

The Barber Shop would be private property! If the owner allows it, then LE can’t say a thing!

I’ve been through it before!

[myopicvisionary]

Code: Select all

That weapon was carried only in defendant's house held no defense. ‐ It was no defense to a prosecution for carrying a concealed deadly weapon that defendant only carried the weapon in the defendant's house. State v. Gagliota, 32 Del. 360, 123 A. 183 (1923).

[Wynder]

Code: Select all

That weapon was carried only in defendant's house held no defense. ‐ It was no defense to a prosecution for carrying a concealed deadly weapon that defendant only carried the weapon in the defendant's house. State v. Gagliota, 32 Del. 360, 123 A. 183 (1923).

Now, bear in mind that this ruling is from 1923 -- over the past century a lot has evolved with regards to privacy laws and the government not being able to regulate what you do in your home. In my opinion, I don't think a judge would uphold this precedence.

[myopicvisionary]

Yes, it is old but it is precedant. And that is in regards to your own home. A barber shop is private property, but it is not yours. And it is a place of business that invites the public to enter. I prefer to err on the side of caution when there is a question.

[Wynder]

Yes, it is old but it is precedant. And that is in regards to your own home. A barber shop is private property, but it is not yours. And it is a place of business that invites the public to enter. I prefer to err on the side of caution when there is a question.

No doubt -- I was wondering why it was presented with regards to this, but it makes me wonder if there's a legal distinction with regards to the store engaging in public commerce.

[DSF Training]

If the owner allows it, then LE can’t say a thing!

Ok here we go again!

Think about this one?
Owner of a convenience/ liquor store has 4 employees at any one time working on any shift. Under the counter in a cigar box is a .38, in the office is a 9mm, and in the stock room are 2 handguns and a 12ga.

Owner takes the day off!

Are the employees in violation of State v. Gagliota, 32 Del. 360, 123 A. 183 (1923).??

[myopicvisionary]

I would say no as they are not carrying concealed. To be truely safe, why not have the staff OC?

[Wynder]

Are the employees in violation of State v. Gagliota, 32 Del. 360, 123 A. 183 (1923).??

Much like law, precedence is going to be very narrowly construed, so I don't think that precedence would even be used in that case since it's not "in the home" -- if it had read private property, that would have been one thing, but places of business are licensed and other regulatory measures apply, so I'm certain that would be the first thing that the prosecution would argue.

Granted, its still private property and absent any state or federal regulatory measures, I'm certain it would be allowed for the owner and his agents to keep arms... There's just something I'm hung up on with regards to non-owners being in a public place of commerce and concealing without a license that I just can't put my finger on.

Maybe it's nothing.