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Posted: 12/11/2013 6:27:43 AM EDT
This was in today's Loudoun County Crime Report:
DIP/Weapons Violation: Deputies responded to a report of an alarm activated at a business and a male subject in the area. A Sheriff’s Deputy located the subject who was concealing an item in his hand. As the deputy approached they determined the item was a knife. The deputy was able to take the suspect into custody after he initially did not comply with verbal commands to drop the weapon. The suspect, Jose E. Chavez, 32, of Sterling, VA, was charged with drunk in public and possessing a concealed weapon. Chavez remains held at the Loudoun County Adult Detention Center. View Quote Was not aware that a concealed weapons charge could be had for possessing a knife. I carry one every single day. |
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This was in today's Loudoun County Crime Report: DIP/Weapons Violation: Deputies responded to a report of an alarm activated at a business and a male subject in the area. A Sheriff’s Deputy located the subject who was concealing an item in his hand. As the deputy approached they determined the item was a knife. The deputy was able to take the suspect into custody after he initially did not comply with verbal commands to drop the weapon. The suspect, Jose E. Chavez, 32, of Sterling, VA, was charged with drunk in public and possessing a concealed weapon. Chavez remains held at the Loudoun County Adult Detention Center. View Quote Was not aware that a concealed weapons charge could be had for possessing a knife. I carry one every single day. View Quote § 18.2-308. Carrying concealed weapons; exceptions; penalty. A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor. |
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I would fight that in court. It wasn't concealed if they saw it in his hand. Also depending on what knife it was, it could be out of the scope of that definition.
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Don't forget the "any weapon of like kind" catch-all at the end. That part isn't vague or anything.
The law is about as clear as dredge mud on knives in Virginia. There are some really bad cases from the VA Court of Appeals on this subject that make it sound as though almost any knife that's scarier-looking than a non-locking pen knife could be shoehorned into the statute - but every one of those cases involved a felon who was also committing some other (usually worse) crime, so keep that in context. |
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I would fight that in court. It wasn't concealed if they saw it in his hand. Also depending on what knife it was, it could be out of the scope of that definition. View Quote It sounds like it was "hidden from common observation" until they repeatedly ordered him to open his hand/drop what was in it. The real question is whether the knife he had fits the statutory definition, which the VA Court of Appeals has interpreted quite broadly. My guess is that they stacked that charge on him because of his behavior, and it may or may not stick depending on how scary looking the knife is. |
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I would fight that in court. It wasn't concealed if they saw it in his hand. Also depending on what knife it was, it could be out of the scope of that definition. View Quote From the article it was in his hand but they couldn't tell what it was. A good attorney might beat it, a public defender will go for a plea. |
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Good combination, drunk guy with knife. That always ends well.
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Regardless of whether this dude is a moron or not, the concealed weapons law in Virginia needs to change.
Does it make sense to anyone that I can pack as many Uzis as I can carry but I can't have brass knuckles in my pocket? |
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Quoted: Regardless of whether this dude is a moron or not, the concealed weapons law in Virginia needs to change. Does it make sense to anyone that I can pack as many Uzis as I can carry but I can't have brass knuckles in my pocket? View Quote Yes actually it does, brass knuckles have always been an offensive weapon, something you carry expecting trouble. No sane person carries around a half pound of metal when they can legally own and carry a firearm. The law is there mostly as an add-on charge for criminal arrests. |
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Regardless of whether this dude is a moron or not, the concealed weapons law in Virginia needs to change. Does it make sense to anyone that I can pack as many Uzis as I can carry but I can't have brass knuckles in my pocket? View Quote Prior to 1995, Virginia issues concealed weapons permits. The 1995 overhaul that made Virginia a "shall-issue" state changes that to make them concealed handgun permits. I agree, if I can carry a concealed handgun, there is no reason why I shouldn't be allowed to carry some other sort of concealed weapon. I'm either justified in threatening/using deadly force or I'm not, and the tool I use to do so should be immaterial. |
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Yes actually it does, brass knuckles have always been an offensive weapon, something you carry expecting trouble. No sane person carries around a half pound of metal when they can legally own and carry a firearm. View Quote View All Quotes View All Quotes Quoted:
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Regardless of whether this dude is a moron or not, the concealed weapons law in Virginia needs to change. Does it make sense to anyone that I can pack as many Uzis as I can carry but I can't have brass knuckles in my pocket? Yes actually it does, brass knuckles have always been an offensive weapon, something you carry expecting trouble. No sane person carries around a half pound of metal when they can legally own and carry a firearm. No sane lawmaker says "if you meet the criteria to carry a concealed handgun, you still can't carry a concealed knife." That's just complete lunacy. The law is there mostly as an add-on charge for criminal arrests.
Boy, that makes it much better. Lets create victimless malum prohibitum crimes that expose everyone to criminal charges just so we can make life worse, at the complete and unfettered discretion of the state, for people who do something else that's also illegal. No room for mischief there ... |
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Yes actually it does, brass knuckles have always been an offensive weapon, something you carry expecting trouble. No sane person carries around a half pound of metal when they can legally own and carry a firearm. The law is there mostly as an add-on charge for criminal arrests. View Quote I'm not trying to call you out or give you shit, but I believe your logic is flawed. You are making an assumption as to what a person's motivation and needs are. It's the same tactic that the anti gun lobby uses to push anti-carry laws. If I make a minor alteration to one of your statements, it becomes eerily familiar. No sane person carries around a gun that holds more than 10 rounds. See what I mean? I feel that the main issue with these laws is that they are antiquated. Many of them were originally written in the 50's, 60's, and 70's, when the majority of your common street thugs carried knives and blunt objects as their weapons. Furthermore, there are actually people out there that simply don't care to carry a firearm, and instead carry an "intermediate" weapon. I know someone that carries an expandable baton for self defense. As a side note; the son of a bitch is like a damned ninja with it. |
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I'm not trying to call you out or give you shit, but I believe your logic is flawed. You are making an assumption as to what a person's motivation and needs are. It's the same tactic that the anti gun lobby uses to push anti-carry laws. If I make a minor alteration to one of your statements, it becomes eerily familiar. No sane person carries around a gun that holds more than 10 rounds. See what I mean? I feel that the main issue with these laws is that they are antiquated. Many of them were originally written in the 50's, 60's, and 70's, when the majority of your common street thugs carried knives and blunt objects as their weapons. Furthermore, there are actually people out there that simply don't care to carry a firearm, and instead carry an "intermediate" weapon. I know someone that carries an expandable baton for self defense. As a side note; the son of a bitch is like a damned ninja with it. View Quote View All Quotes View All Quotes Quoted:
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Yes actually it does, brass knuckles have always been an offensive weapon, something you carry expecting trouble. No sane person carries around a half pound of metal when they can legally own and carry a firearm. The law is there mostly as an add-on charge for criminal arrests. I'm not trying to call you out or give you shit, but I believe your logic is flawed. You are making an assumption as to what a person's motivation and needs are. It's the same tactic that the anti gun lobby uses to push anti-carry laws. If I make a minor alteration to one of your statements, it becomes eerily familiar. No sane person carries around a gun that holds more than 10 rounds. See what I mean? I feel that the main issue with these laws is that they are antiquated. Many of them were originally written in the 50's, 60's, and 70's, when the majority of your common street thugs carried knives and blunt objects as their weapons. Furthermore, there are actually people out there that simply don't care to carry a firearm, and instead carry an "intermediate" weapon. I know someone that carries an expandable baton for self defense. As a side note; the son of a bitch is like a damned ninja with it. "spring stick" Best make sure it is not concealed and easily identified for what it is. Knife sheaths parallel to belts have gotten folks in trouble. A Mini 22 in a belt buckle got another guy in trouble. While plainly visible, it was not all that apparent as an actual functioning handgun. Even if you can get off (after the ride) in court, priced attorneys lately? You now have (at least) an arrest record. Try and get that cleaned out from all the places it appears. Do not forget the backup tapes of any computer system. |
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Someone named Chavez, lives in Sterling, was drunk, in possession of a knife.
Shocking. |
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so.
ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. |
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so. ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. View Quote I kind of agree with you on that - I don't think it should be banned, but I just don't see much of a use for one myself given lots of other, better options. OC, a firearm, and good training is going to better cover most any scenario. Trying to beat someone with a hollow metal rod just seems like it would have a lot of practical problems, not to mention that it could be construed as a "deadly" weapon (notwithstanding its actual place and application on the force scale in LE use). |
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I kind of agree with you on that - I don't think it should be banned, but I just don't see much of a use for one myself given lots of other, better options. OC, a firearm, and good training is going to better cover most any scenario. Trying to beat someone with a hollow metal rod just seems like it would have a lot of practical problems, not to mention that it could be construed as a "deadly" weapon (notwithstanding its actual place and application on the force scale in LE use). View Quote View All Quotes View All Quotes Quoted:
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so. ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. I kind of agree with you on that - I don't think it should be banned, but I just don't see much of a use for one myself given lots of other, better options. OC, a firearm, and good training is going to better cover most any scenario. Trying to beat someone with a hollow metal rod just seems like it would have a lot of practical problems, not to mention that it could be construed as a "deadly" weapon (notwithstanding its actual place and application on the force scale in LE use). They're also useful for jamming in door frames to air out crime scenes and checking to see if things are dead or asleep. |
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They're also useful for jamming in door frames to air out crime scenes and checking to see if things are dead or asleep. View Quote View All Quotes View All Quotes Quoted:
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so. ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. I kind of agree with you on that - I don't think it should be banned, but I just don't see much of a use for one myself given lots of other, better options. OC, a firearm, and good training is going to better cover most any scenario. Trying to beat someone with a hollow metal rod just seems like it would have a lot of practical problems, not to mention that it could be construed as a "deadly" weapon (notwithstanding its actual place and application on the force scale in LE use). They're also useful for jamming in door frames to air out crime scenes and checking to see if things are dead or asleep. I guess you could use them for lifting toilet seats, shifting logs on your campfire, and smashing windows on vehicles for the "non-compliant" crowd. |
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I guess you could use them for lifting toilet seats, shifting logs on your campfire, and smashing windows on vehicles for the "non-compliant" crowd. View Quote View All Quotes View All Quotes Quoted:
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so. ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. I kind of agree with you on that - I don't think it should be banned, but I just don't see much of a use for one myself given lots of other, better options. OC, a firearm, and good training is going to better cover most any scenario. Trying to beat someone with a hollow metal rod just seems like it would have a lot of practical problems, not to mention that it could be construed as a "deadly" weapon (notwithstanding its actual place and application on the force scale in LE use). They're also useful for jamming in door frames to air out crime scenes and checking to see if things are dead or asleep. I guess you could use them for lifting toilet seats, shifting logs on your campfire, and smashing windows on vehicles for the "non-compliant" crowd. Honestly, I carry a window punch for car windows. Batons, while theatric, are not nearly the best item for that task and risk injury to people inside the vehicle if you need to get into a car for other less hostile reasons such as: child locked in car, pet locked in car, accident victim unconscious in locked car, or old person/diabetic locked in car, all of which I've had to deal with more often than "jackass criminal locked in car" Eta forgot to add a use, they're also good for epic light saber battles if you coat them in chemlight juice. |
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LMAO. I can see two grown men, after a hard day on the beat, pulling over to sword fight with light sabers..." I see your Swartz is as big as mine" View Quote View All Quotes View All Quotes Quoted:
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Eta forgot to add a use, they're also good for epic light saber battles if you coat them in chemlight juice. LMAO. I can see two grown men, after a hard day on the beat, pulling over to sword fight with light sabers..." I see your Swartz is as big as mine" No, no, no, you've got us all wrong. Epic light saber fight is during work, after work in the parking lot is Journey duets. Seriously though, Journey duets. |
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May the Schwartz be with you.
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No, no, no, you've got us all wrong. Epic light saber fight is during work, after work in the parking lot is Journey duets. Seriously though, Journey duets. View Quote View All Quotes View All Quotes Quoted:
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Eta forgot to add a use, they're also good for epic light saber battles if you coat them in chemlight juice. LMAO. I can see two grown men, after a hard day on the beat, pulling over to sword fight with light sabers..." I see your Swartz is as big as mine" No, no, no, you've got us all wrong. Epic light saber fight is during work, after work in the parking lot is Journey duets. Seriously though, Journey duets. |
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Prior to 1995, Virginia issues concealed weapons permits. The 1995 overhaul that made Virginia a "shall-issue" state changes that to make them concealed handgun permits. I agree, if I can carry a concealed handgun, there is no reason why I shouldn't be allowed to carry some other sort of concealed weapon. I'm either justified in threatening/using deadly force or I'm not, and the tool I use to do so should be immaterial. View Quote View All Quotes View All Quotes Quoted:
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Regardless of whether this dude is a moron or not, the concealed weapons law in Virginia needs to change. Does it make sense to anyone that I can pack as many Uzis as I can carry but I can't have brass knuckles in my pocket? Prior to 1995, Virginia issues concealed weapons permits. The 1995 overhaul that made Virginia a "shall-issue" state changes that to make them concealed handgun permits. I agree, if I can carry a concealed handgun, there is no reason why I shouldn't be allowed to carry some other sort of concealed weapon. I'm either justified in threatening/using deadly force or I'm not, and the tool I use to do so should be immaterial. yep, my first permit, and I had to demonstrate a need, had a space on the application where you listed the serial number of every weapon you would carry, I listed 6, including a M11 cobray,,, (NFA) next time I renewed, it was limited to a caliber, so I listed .45, I was denied, and had to go infront of a judge to appeal (he granted my permit) |
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so. ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. View Quote You can lead a horse to water but you can't make him drink. Dude is all into Escrima or some shit. Gets off on ninja stick shit. It's fun to watch him though. |
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You can lead a horse to water but you can't make him drink. Dude is all into Escrima or some shit. Gets off on ninja stick shit. It's fun to watch him though. View Quote View All Quotes View All Quotes Quoted:
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so. ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. You can lead a horse to water but you can't make him drink. Dude is all into Escrima or some shit. Gets off on ninja stick shit. It's fun to watch him though. Nah, dude. He needs to be into EFO. |
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All kidding aside, I take very seriously any affront on limiting my ability to protect myself, either with a handgun or a knife.
If you truly want to change this antiquated law, I encourage you to go and join: http://www.kniferights.org/ |
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All kidding aside, I take very seriously any affront on limiting my ability to protect myself, either with a handgun or a knife. If you truly want to change this antiquated law, I encourage you to go and join: http://www.kniferights.org/ View Quote Perhaps, but seriously, depending on knives for defense is really dumb unless you've been through some serious knife fighting classes/schools. I mean... You can carry a G21 or some other double stack .45, arguably a pinnacle of handgun firepower... |
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They're also useful for jamming in door frames to air out crime scenes and checking to see if things are dead or asleep. View Quote View All Quotes View All Quotes Quoted:
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so. ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. I kind of agree with you on that - I don't think it should be banned, but I just don't see much of a use for one myself given lots of other, better options. OC, a firearm, and good training is going to better cover most any scenario. Trying to beat someone with a hollow metal rod just seems like it would have a lot of practical problems, not to mention that it could be construed as a "deadly" weapon (notwithstanding its actual place and application on the force scale in LE use). They're also useful for jamming in door frames to air out crime scenes and checking to see if things are dead or asleep. Damn you, I was thinking "clearing out broken windows and nudging drunks". |
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No, no, no, you've got us all wrong. Epic light saber fight is during work, after work in the parking lot is Journey duets. Seriously though, Journey duets. View Quote View All Quotes View All Quotes Quoted:
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Eta forgot to add a use, they're also good for epic light saber battles if you coat them in chemlight juice. LMAO. I can see two grown men, after a hard day on the beat, pulling over to sword fight with light sabers..." I see your Swartz is as big as mine" No, no, no, you've got us all wrong. Epic light saber fight is during work, after work in the parking lot is Journey duets. Seriously though, Journey duets. Choir practice, those were the good ole days... |
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Perhaps, but seriously, depending on knives for defense is really dumb unless you've been through some serious knife fighting classes/schools. I mean... You can carry a G21 or some other double stack .45, arguably a pinnacle of handgun firepower... View Quote View All Quotes View All Quotes Quoted:
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All kidding aside, I take very seriously any affront on limiting my ability to protect myself, either with a handgun or a knife. If you truly want to change this antiquated law, I encourage you to go and join: http://www.kniferights.org/ Perhaps, but seriously, depending on knives for defense is really dumb unless you've been through some serious knife fighting classes/schools. I mean... You can carry a G21 or some other double stack .45, arguably a pinnacle of handgun firepower... The same thing can be said about those who CCW a handgun and who never have taken a class. When things get close and frosty, a good knife and the skill to use it can be a life saver. Period. |
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Honestly, I carry a window punch for car windows. Batons, while theatric, are not nearly the best item for that task and risk injury to people inside the vehicle if you need to get into a car for other less hostile reasons such as: child locked in car, pet locked in car, accident victim unconscious in locked car, or old person/diabetic locked in car, all of which I've had to deal with more often than "jackass criminal locked in car" Eta forgot to add a use, they're also good for epic light saber battles if you coat them in chemlight juice. View Quote View All Quotes View All Quotes Quoted:
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No way in hell would I carry an expandable baton for any form of self-defense, unless mandated to do so. ASPs are good for two things - scratching your back underneath your body armor, and picking shit up out of the gutter. I kind of agree with you on that - I don't think it should be banned, but I just don't see much of a use for one myself given lots of other, better options. OC, a firearm, and good training is going to better cover most any scenario. Trying to beat someone with a hollow metal rod just seems like it would have a lot of practical problems, not to mention that it could be construed as a "deadly" weapon (notwithstanding its actual place and application on the force scale in LE use). They're also useful for jamming in door frames to air out crime scenes and checking to see if things are dead or asleep. I guess you could use them for lifting toilet seats, shifting logs on your campfire, and smashing windows on vehicles for the "non-compliant" crowd. Honestly, I carry a window punch for car windows. Batons, while theatric, are not nearly the best item for that task and risk injury to people inside the vehicle if you need to get into a car for other less hostile reasons such as: child locked in car, pet locked in car, accident victim unconscious in locked car, or old person/diabetic locked in car, all of which I've had to deal with more often than "jackass criminal locked in car" Eta forgot to add a use, they're also good for epic light saber battles if you coat them in chemlight juice. Yeah I've tried to break windows with them, and they do a really shitty job. That said, when I took a vehicle extrication class with the volunteer fire department, they had us try with a hammer, just to prove a point. A car window is very hard to break. |
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Said person does not carry it concealed. View Quote View All Quotes View All Quotes Quoted:
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"spring stick" Best make sure it is not concealed and easily identified for what it is. Said person does not carry it concealed. Carried at full length dangling from a belt? Collapsed in a case may be enough to get a 'hidden from common observation' issue. |
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