Main v. Commonwealth

UPON A REHEARING EN BANC

BARROW, Judge.

We granted a rehearing en banc in this criminal appeal because of a dissent in thé panel decision.1 The appeal challenges the sufficiency of the evidence to convict the defendant of carrying a concealed weapon. We hold that carrying a weapon in one’s back pocket, covered by a duffle bag, constitutes carrying a concealed weapon if the handle of the weapon, the only part of the weapon extending outside of the pocket, is concealed by the duffle bag.

*372Carrying a pistol, “hidden from common observation,” without a permit to do so, is unlawful. Code § 18.2-308.…