Understanding "Printing" as it pertains to "open" or "concealed" carry.

How does “printing” affect open or concealed carry?
copyright 2017 by jon gutmacher *

I received the following question, and thought it was something that would be interesting to discuss here on my blog.  Here’s the question, and my answer:

Question:  On the subject of what the definition of concealed and printing are, with regards to 790. If a person were to cover their firearm so it's completely concealed but the item they covered it with had a picture of a firearm on it, is it concealed per the definition when no part of the actual firearm is showing?  Even if the item were tightly covering the firearm, so it is “printing”, is it still concealed per the statute?
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Answer:  The question asked is really better restated as: Is the “printing” of a firearm or other weapon under clothing “open” or “concealed” carry? The answer is somewhat complex, and can actually vary considerably depending on the exact factual circumstances.  Here’s my best explanation:

In Florida, carry of a firearm is either “open” or “concealed” – there is no in between.  To understand what that entails, you first have to understand that there are constitutional issues involved, statutory issues, and also rules of statutory interpretation normally used by the courts.

Let’s start from a constitutional standpoint combined with a general rule of statutory construction in a criminal case.  As a general rule, the violation of a criminal law requires “scienter”, which can be roughly translated to “guilty knowledge”.  In Florida, this will normally mean that unless you know your firearm is exposed – you don’t have “guilty knowledge” aka “scienter”.  In essence, and from a legal standpoint – you are simply “ignorant” or “negligent”.   Negligence is not “guilty knowledge”.    So, if you have a firearm under your shirt, and the wind blows the shirt away to expose the firearm – and you don’t know that’s happened – there is no “scienter”, and you have a “defense” to any charge of open carry.  Of course, a “defense” doesn’t mean you can’t be arrested.  Nor, does it mean you can’t be prosecuted or convicted.  It only means that if a responding law enforcement officer believes you didn’t know your firearm was exposed – that officer should not have any legal cause to arrest you.  On the other hand, if you are arrested, and prosecuted – you might still have the charge dismissed by the court upon presentation of your defense, or if the case actually went all the way to a jury trial and the jury believes your defense, or to be more accurate – believes the government was unable to refute your defense beyond a reasonable doubt,  you will be found “not guilty”.  So, that’s one way of considering any inadvertent situation of open carry.

But, let’s go to the next level of understanding,  where a firearm (or other weapon) is “printing” underneath your clothing.  Regardless of knowledge, is that open or concealed?

Well, to be honest – no one really knows the answer as there is no case law that tells us whether the outline of a gun where the gun itself cannot be seen – is “open” or is “concealed”.  I guess if it was a “see-thru” shirt – you’re toast – because now the firearm can actually be seen.  But, if all we see is the outline, or a partial outline – it’s somewhat up for grabs depending on the varying facts, although there are different degrees of confidence what the legal answer would be.

So, to get to this next step in the analysis we go to Florida Statute 790.001(2) or (3)(a) which defines “concealed” as “carried on or about a person in such a manner as to conceal the (firearm/weapon) from the ordinary sight of another person”.


“Ordinary sight of another” is a term of art, and will depend on the specific facts of each case.  In fact, different officers, judges, lawyers, and juries could all reach different decisions on the same set of facts if it was a close call.   But, my own opinion is that if the outline is such that it could reasonably be "something other than" a firearm, or other weapon – then any firearm or weapon that is “printing” underneath clothing – is not being “openly” carried, but must be legally defined as “concealed”.   This is especially true as other rules of legal construction in a criminal case require the court to give you the benefit of any doubt, and interpret the statute as liberally as reasonably possible for innocence.

So, assuming the outline “might” be a gun vs.  it’s “obviously” a gun  – is it “open” or is it “concealed”?

In my opinion it is “concealed”, and I believe the case law fully supports this.  But again, small variations in the facts could sway the decision to either side.  And, of course, Florida Statute 790.053 allows the holder of a valid CWL to “briefly and openly display” a firearm except where intentionally done in an “angry or threatening manner”.

Last, but not least, if there is somebody out there nuts enough to cover a gun with a picture of a gun so that the gun cannot actually be seen – is the gun concealed or open?   We all should know the obvious answer: It’s still “concealed”, however, and in my opinion –  if something bad happens because of it -- you probably deserved it.

Hope that helps you understand this factually variable subject.


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