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Suppose I carry a weapon that's perfectly hidden from view, so that no one would know I had it if I didn't tell them. However, I also wear a t-shirt with big, bold text printed on it:

"I AM CARRYING A CONCEALED WEAPON"

Does the law still consider me to have concealed that weapon?

FD_bfa
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Purple P
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4 Answers4

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The offence of carrying a concealed weapon is at s. 90 of the Criminal Code:

Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

"Concealed" is not defined by statute, but it has been interpreted by the Supreme Court of Canada in R. v. Felawka, [1993] 4 S.C.R. 199

The Court said concealment is that the accused:

took steps to hide the weapon so that it would not be observed or come to the notice of others.

It was said that:

the shotgun which breaks down and is carried in a case that resembles a briefcase should not be considered concealed if the carrying case is clearly marked as a gun case. ... It takes time to open a gun case, to bring out the gun and to load and use it. That is obvious to all and will ease the nervousness produced by an uncased gun.

No case law has addressed the circumstance of a general notice on a t-shirt that one is carrying a concealed weapon.

However, part of the reasoning above is about the public having some comfort in knowing where the weapon is and being able to observe its state (where is it; what is it; what condition is it in; how close are your hands to it; etc.) In my view, if the weapon cannot be "observed" or "noticed" and the accused intended and took steps to establish that, then there is a high risk that courts will still consider that concealment.

Jen
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There isn't one universal answer.

Concealed carrying of weapons is always regulated by statute or regulation or ordinance in the U.S. It is not a matter of the common law. There were no concealed carry common law crimes.

It would depend to a great extent on the specific statute implicated and the way that the statutory issue is presented.

For example, if one needs a permit to carry a concealed weapon, there would normally be a statute spelling out what constitutes a concealed weapon, and there would also be case law interpreting that particular statute.

Something that might count as a concealed weapon in New York State might not count in Nebraska, even if both states require a license for carrying concealed weapons. State and local gun control laws vary considerably across the United States.

Sometimes "concealed weapon" is defined so that it is just a euphemism for a type of weapon, like a pistol or certain kinds of knives, that can be concealed, whether or not the weapon in question is actually concealed at the time, rather than having its literal plain meaning.

Also, open carry regulations would matter. Openly carrying might be illegal in places where a concealed weapon permit is required to conceal carry. If the t-shirt or sign constitute "open carry", then wearing it, with or without actually carrying a weapon on a concealed basis, might be a crime (and would probably not be barred by the First Amendment if it were sufficiently credible and believable, under the "true threat" rule).

The context and details also matter.

A sign on a t-shirt could be a joke or a bluff that isn't sufficient to disclose that someone is carrying a firearm or other concealed weapon (maybe you just didn't realize you had accidentally put on your concealed carry t-shirt that day when you meant to wear a similar looking t-shirt with a different message), but an "armed security guard" uniform of a licensed security company might be different.

A t-shirt like the one described in the question could also be reasonably interpreted as a way of saying that you are an unarmed martial arts master, rather than referring to a literal object which is a weapon, or could be interpreted as a reference to your vicious wit, or your sexual prowess.

Still, a t-shirt or sign would almost surely provide a basis for a reasonable suspicion that you were carrying a concealed weapon without a permit to do so, that would justify a law enforcement "Terry stop" to ask you if you are really carrying a weapon, and if you have a concealed carry permit on your person.

On the other hand, the t-shirt or sign would very likely not substitute for having a concealed carry permit in a place where a permit was required to actually conceal a weapon. It probably wouldn't convert your weapon to any openly carried one. Indeed, the sign or t-shirt might constitute a legal admission that you were carrying the weapon on a concealed basis which would be a crime if you didn't have the relevant permit in many U.S. jurisdictions.

Similarly, if you were wearing clear plastic clothing that actually allowed someone to see the weapon, that would be different than a sign.

Claiming you have a concealed weapon if you don't, combined with threatening language or body language, could also constitute the crime of menacing.

ohwilleke
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The fact that you verbally or visually indicate that you are carrying a weapon does not negate its legal classification as "concealed" if it is otherwise hidden from view. However, the jurisdiction indicated above takes a different approach to weapon possession than some common law jurisdictions, such as Canada or the United States.

  1. No General Right to Carry Weapons

    Unlike jurisdictions that regulate concealed carry, the UK operates under strict weapons laws, primarily governed by:

    Firearms Act 1968 (for guns and other regulated firearms)

    Offensive Weapons Act 2019 (for bladed and pointed articles, corrosive substances, etc.)

    Prevention of Crime Act 1953 (for offensive weapons in public places)

    Here, the legality of carrying a weapon does not depend on whether it is concealed or openly displayed; rather, it is almost always unlawful to carry a gun in public without lawful authority or reasonable excuse.

  2. Does "Concealed" Matter Under UK Law?

    In most cases, the issue is not whether a weapon is concealed but whether it is unlawfully possessed. However, concealment can be relevant in cases involving intent-based offenses: Under the Prevention of Crime Act 1953, carrying an offensive weapon in a public place with intent to cause harm is an offense. The fact that a weapon is concealed may indicate intent to evade detection.

    Thus, even if you wear a T-shirt stating that you are carrying a weapon, the law would still consider it "concealed" if it is not visibly carried on your person. This is because concealment refers to the physical state of the weapon, not to whether others are informed of its existence.

  3. Potential Criminal Liability

    If your statement causes alarm, even if the weapon is fake or non-lethal, wearing a T-shirt declaring you are armed could lead to charges such as causing fear of violence under Section 4 of the Public Order Act 1986.

David Brown
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It’s not relevant

Under the Firearms Act 1996 a registered firearm is permitted to be in one of three states: in use, in transit, or in storage.

Ignoring exemptions for police, defence force personnel, and armed security guards:

  • A firearm that is in use is ipso facto, not concealed.
  • A firearm that is in transit must be unloaded and rendered inoperable by removing an essential part like a bolt, fitting a trigger lock, or storing the entire weapon in a locked case. Ammunition must be carried in a separate locked case. The law doesn’t care if the weapon in that state is concealed or not.
  • A firearm being stored is unloaded in a gun safe; so I suppose that makes it concealed. Ammunition must be stored in a separate ammunition safe.

Knives

It’s illegal to have a knife in a public place without reasonable excuse. Carrying it from the shop where you bought it home is a reasonable excuse; carrying it for self-defense isn’t. Whether the weapon is concealed or not is irrelevant. Note that some weapons, like flick knives, are outright prohibited.

feetwet
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Dale M
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