This will probably end up in GD, but I am really, honestly asking a GQ question. What is the rationale for making it illegal to carry a concealed weapon, when it would be legal to carry the weapon openly? Personally, I’d be a lot more comfortable not knowing a person near me has a gun, as opposed to the same guy walking around with a six-shooter strapped to his/her hip.
Sua
I’ve often wondered that myself. Carrying a gun openly can often lead to trouble that wouldn’t have arisen if the gun were concealed – people giving dirty looks or being afraid, people looking for trouble (“what, you think you’re tough because you have a gun? Come on, shoot me!”), police harassing you needlessly, just because you have it, etc.
The only thing I can think of would be so that the cops can see that you have it. that way, they can safely harass people who obviously obey the law, rather than somebody who may be a dangerous criminal and have it concealed illegally. 
You’re not a cop. They really like to know whether or not the people they’re talking to are armed, since most of the people they deal with are weird, dangerous, and armed. Knowing from 50 yards away that they’re armed gives them a leg up on survival.
Also, one of the main reasons people want to carry guns legally is for self-defense. Which works better for self-defense: a gun hidden under a coat, or one worn in plain sight? Would you mug somebody you knew had a gun on him, particularly if all you had was a stick?
Thirdly, a big reason people don’t want to wear guns openly is because they plan on using them illegally. They don’t want witnesses saying, “Yeah, there was a guy came through here wearing a gun…”
Well, if you believe movies, traditionally “open carry” was a lot more accepted. In such an atmosphere, “concealed carry” might seem much more associated with the idea that the weapon owner is up to no good.
Here is a quote from the North Carolina Constitution:
(emphasis mine)
I believe that this language is from the late 19th century.
Sua, where is it legal to openly carry a weapon?
I’m not familiar with laws all over, but it seems that Texas simply outlaws carrying a weapon.
Found here
And it goes further, by making it illegal for a concealed carry permit holder to carry the gun unconcealed.
Found at the same page.
Given the premise of your question, it would be difficult to create a rationale that allows people to openly carry guns, but requires a permit to conceal them. An argument in favor of allowing people to carry guns, could be that they have to be trained to use them (and one hopes, to not use them) before they are allowed to carry one.
Quite frankly, I’m not sure (IIRC at least Florida allows open carrying of a (licensed) gun), but I do know that in many jurisdictions carrying a concealed weapon is a distinct crime from simple possession of a weapon, if that is illegal in said jurisdiction. Reading the paper most every day brings mention of someone charged with carrying a concealed weapon - the concealment aspect is obviously part of the crime. lucwarm’s cite bears out that concealment of a weapon is treated differently than possession of a weapon.
IOW both may be illegal in a jurisdiction, but concealment is a different crime, and I’m wondering why.
Sua
I think that’s the OP’s point, Robb. If a Texan has a concealed-carry permit, that person is allowed to carry a concealed gun… But he or she is still not allowed to carry a gun openly. Why would open carry be any more dangerous, or otherwise undesireable, than concealed carry?
To confuse matters even more, in many jurisdictions, it’s legal to carry a (non-firearm) weapon, so long as it’s not concealed. If concealed firearms are somehow preferable to open ones, why would the same logic not apply to, say, a sword?
Here in Virginia, the right to keep and bear arms is in our Bill of Rights. Thus, a law making it illegal to bear arms would be unconstitutional in Virginia. The restriction on concealment of arms is not considered unconstitutional because it does not deprive a person of the right to bear arms, it merely places certain restrictions on circumstances. VA concealed carry laws are fairly liberal, in part, to try to keep a consistent application of the underlying right while also restricting unauthorized concealment which the legislators may view as the type of things criminals do.
That is my understanding of the distinction. I understand that the rationale is open for question, but I don’t mean to debate that here.
I believe that Arizona is an open carry state (or so a former co-worker of mine who moved there would have us believe)
This site - http://www.packing.org/news/2001/03/03/3143.shtml
answers that question (in an anecdotal manner)
Sorry I can’t answer the OP. But this struck me as illogical. What crime would someone commit using a gun where they were more scared of being cited for carrying a concealed weapon than they were with being nabbed for the crime itself? In other words, why wouldn’t criminals just hide their guns anyway, laws be damned?
Here in Virginia, as Zoff indicates, the general rule is that you may carry a firearm on your person, as long as it’s not “hidden from common observation.” See Va. Code § 18.2-308.
Exceptions are made that permit a person to carry a concealed weapon “…while in his own place of abode or the curtilage thereof,” and a wide variety of other exceptions for state and federal law enforcement officers, penal officers, postal carriers, any regularly enrolled member of a weapons collecting organization or target shooting organization who is at, or going to or from, such activity.
The general rationale, as I understand it, is that a person carrying a concealed weapon is much more of a potential threat than one whose danger is immediately apparent.
From Florida Statutes Title XLVI, Chapter 790
790.053 Open carrying of weapons.–
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or remote stun gun or other nonlethal electric weapon or device which does not fire a dart or projectile and is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
I thought it was an ‘add on’ crime like the tax stickers for marajuina. It is made a crime to carry concealed to add a charge to someone who goes into a store and whips out a gun and robs the place. That way the get armed robbery and the concealed weapons charge.
I’m with y’all now. The weekend lasted longer than I thought.
Also, my link doesn’t work, this one might. Follow it to the weapons offenses.
This seems like something of a stumper. The best I can think of, as to why a state would prefer a concealed weapon as opposed to an open one, is the element of surprise against the criminal.
The idea being that criminals won’t attack anybody if anyone might have a gun. IIRC, during the time that the Texas Legislature was considering its concealed carry law, a relative of a victim of a shooting in a cafeteria was saying that the gunman would have been riddled with bullets long before he fired a shot if only everyone in the cafeteria had a gun. (sorry, the only time I’ve had success researching the legislative history of a Texas bill was in a library the state capitol, which is a bit of a drive for an offhand remark).
But, I find I’m still missing the point of the OP.
The reason you would prefer open carry to concealed would be the effect on law-abiding people. A glimpse of a concealed handgun could be more alarming than an openly carried gun. I think this would be prevelant in shops and especially banks. So, where open carry is allowed, the criminals get a tip-off, but so does the rest of the world. Part of the reason I think this, is that even in Texas’ concealed carry scheme, there are certain places that a permit holder can’t take a handgun.
Zebra, carrying a concealed weapon is somtimes the only crime charged, or the most serious crime charged. This might happen if the police have a reason to pat someone down and end up finding a weapon, or when the police stop a car for a traffic offense and find that a driver has a weapon.
Several states allow ‘open carry’ but in practice, it’s just not done in metropolitan areas.
**
Well I’m sure they would like to know. However if I’m just walking about town doing nothing illegal it really isn’t any of their business. Of course some states with concealed carry laws require you to inform an officer that you are armed should he pull you over or stop you for any reason.
**
Well if I don’t want people to stare at me then having it concealed is probably a good idea.
I don’t think that applies to people who legally carry concealed firearms. For example in the state of Texas you must submit your fingerprints, and pass a background check, written test, and a range test before you receive your permit to carry.
Marc
I actually tried very hard not to have a “point” in the OP. I didn’t want a gun control debate, and I thank everyone for avoiding such a debate thus far. The entire OP was based on the observation that many states consider carrying a concealed weapon to be a distinct crime from simple possession of a weapon, and I’m trying to learn why.
And I thank y’all for the responses thus far.
Sua
OK, now that I’ve established that my first language was, in fact, gibberish.
Can I change that to: But, I find I’m not addressing the question in the OP?
Expanding on lucwarm’s post, I believe most of the laws against concealed carry date to the 19th century, when open carry was much more common, and concealment of a weapon was considered “dishonorable”. The idea of prohibiting any possesion of a weapon is more recent, hence the confusion.
I’m surprised no one has brought up the Lott study yet. Whether or not concealed carry deters crime for any specific individual, in the aggregate more people carrying concealed weapons has been shown to lower the overall rate of violent crime. The idea is, if open carry is legal but concealed carry is not, the potential mugger will simply pass up people he can see are armed and mug someone he knows is unlikely to be armed. If concealed carry is common, however, muggers will not know who is armed and who isn’t, and this increased level of risk will deter at least some of them from committing the crime in the first place.