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Thread: OC'ing while driving

  1. #1
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    OC'ing while driving

    Sorry, but I still need clarification with this.

    I always prefer to keep my handgun holstered as much as possible. When I drive, I keep my glock in my holster on my right side. If I get stopped for a traffic violation or something similar, is my sidearm considered concealed or unconcealed? I know it can be hard for someone to see that I have a sidearm on my hip, and can some LEO take advantage of this and arrest me for concealing a handgun (I do not have a CPL)?

    Thanks

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    Regular Member Sorcice's Avatar
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    OC'ing while driving

    If you're that worried and don't have a ccl valid in your state keep your hands on wheel and when he/she walks up tell him/her "I have a holstered sidearm on my person in plain view. How would you like to proceed?" If you get a ccl then it would depend on your state's laws and whether you are required to declare firearms like Ohio for instance.

    As always record any leo encounter. Also IANAL.
    Last edited by Sorcice; 10-22-2012 at 10:15 PM.

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    Regular Member papa bear's Avatar
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    no problem it is good to be clear on laws. IANAL, i will say that a firearm on your side is considered open. didn't look up the cite, but it is on your person and the court have ruled that visible to what a reasonable person would think

    now as far as what a LEO thinks. he may still arrest you, or at least give you a hard time. then it would be up to the courts

    my gun is in plain view from two sides. which is also what some one would see if out of my vehicle
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
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    i you call a CHP a CCW then you are really stupid. period.

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    Technically it is still open but some officers could claim that your seatbelt or center console obstructs(Conceals) the firearm from view. I know when i have my seatbelt on and my weapon holstered, it is very difficult to see and most don't even know i have it on me.

    This is one of those Discretion situations and it all depends on the officer you deal with.

  5. #5
    Regular Member moonie's Avatar
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    In my car there is no possible way for anyone to see the handgun if it is holstered on my right side as I have a high center console that completely restricts view. I do however have a CWP.
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    I also usually carry holstered on my right hip while driving. For longer trips or through dense urban areas I'll put my G19 either in the center console (thus making it concealed, but I have a CWP) or on the passenger seat in plain view- depends if my wife is sitting in the seat or not. When holstered, it is not visible from the driver's side, but is visible from the passenger side. I am not wearing it in a way that attempts to conceal it and it is visible from outside the car, so it is open carry and I am not required to tell the officer I am carrying, so I don't. I have been stopped a few times either at license checks or once to get a warning for speeding. I never said anything about it, he never saw it, went on my merry way.

    I REALLY want to mount a Serpa holster similar to what I carry under the dashboard just inside the driver's foot area by my knee. It would be plainly visible to an officer at my window and would be very easily accessible by me, much more so than on my hip or in the console, and much more secure than sitting on the seat.

    On a side note, but similar instances, I have even talked to police officers at night while walking my dog, and I kept my strong side and pistol away from them, knowing they couldn't see it (dark outside, black holster w/ black pistol, black clothing behind it, turned away from them). Most times when this happens, the officers never even see it, or if they do they never say anything.
    Last edited by TDFbound; 10-26-2012 at 09:33 AM.

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    Quote Originally Posted by TDFbound View Post
    I also usually carry holstered on my right hip while driving. For longer trips or through dense urban areas I'll put my G19 either in the center console (thus making it concealed, but I have a CWP) or on the passenger seat in plain view- depends if my wife is sitting in the seat or not. When holstered, it is not visible from the driver's side, but is visible from the passenger side. I am not wearing it in a way that attempts to conceal it and it is visible from outside the car, so it is open carry and I am not required to tell the officer I am carrying, so I don't. I have been stopped a few times either at license checks or once to get a warning for speeding. I never said anything about it, he never saw it, went on my merry way.

    I REALLY want to mount a Serpa holster similar to what I carry under the dashboard just inside the driver's foot area by my knee. It would be plainly visible to an officer at my window and would be very easily accessible by me, much more so than on my hip or in the console, and much more secure than sitting on the seat.

    On a side note, but similar instances, I have even talked to police officers at night while walking my dog, and I kept my strong side and pistol away from them, knowing they couldn't see it (dark outside, black holster w/ black pistol, black clothing behind it, turned away from them). Most times when this happens, the officers never even see it, or if they do they never say anything.
    I'm also thinking about buying the CQC Quick Disconnects so i can mount my holster in the car when driving, that would be a great addition to my car!

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    just un-holster it and put it on the seat/console/dash as soon as you see the blue lights. and get your CHP.

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    Quote Originally Posted by muccione View Post
    just un-holster it and put it on the seat/console/dash as soon as you see the blue lights. and get your CHP.
    Not good advice. Any extra movement or motions the officer sees can lead to RA. Your breaking the law, then you un-holster to move the gun to a legally allowed location? Not Wise.

    Also CHP is not even a consideration for a lot of us. Expensive, Gives officers more authority to "check you out", not to mention the 2 sets of finger prints you put on file. I'd rather just Open carry and not have to worry about any of that.

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    Quote Originally Posted by Steveboos View Post
    Not good advice. Any extra movement or motions the officer sees can lead to RA. Your breaking the law, then you un-holster to move the gun to a legally allowed location? Not Wise.

    Also CHP is not even a consideration for a lot of us. Expensive, Gives officers more authority to "check you out", not to mention the 2 sets of finger prints you put on file. I'd rather just Open carry and not have to worry about any of that.
    +1

    Getting/having a CHP may solve some problematic situations but this forum is intended to share experiences, information, and solutions to OPEN carry issues.

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    IANAL. My personal experience with this situation (and I have had plenty of experience) It has never been an issue. I say "officer I'm OPENLY CARRYING a firearm on my right/left hip. They never attempt to argue that it could be concealed.

    granted, due to you openly carrying you are under no obligation to notify the officer you are carrying, so just keep quiet

  12. #12
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Steveboos View Post
    Not good advice. Any extra movement or motions the officer sees can lead to RA. Your breaking the law, then you un-holster to move the gun to a legally allowed location? Not Wise.

    Also CHP is not even a consideration for a lot of us. Expensive, Gives officers more authority to "check you out", not to mention the 2 sets of finger prints you put on file. I'd rather just Open carry and not have to worry about any of that.
    So if pulled over you do not put the car in park, or roll down the window? There is a big difference between putting gun on the dash and reaching under the seat or across the car. Moving in the car for obvious reasons is NOT RAS, not even close. Now it is legal to have a holstered firearm in the car, BUT that would not do any good if the officer does not know that. My gun is usually stays in the holster but I always buckle the gun belt around the passenger seat, more comfortable, more accessible, and more clearly seen.

    If you do have a holstered firearm it would be wise to have at least your DL and registration no where close to the firearm. And many people reach for their ID and info before the officer gets to the window, again it is not RAS.
    Last edited by WalkingWolf; 10-28-2012 at 12:16 AM.
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    Quote Originally Posted by WalkingWolf View Post
    So if pulled over you do not put the car in park, or roll down the window? There is a big difference between putting gun on the dash and reaching under the seat or across the car. Moving in the car for obvious reasons is NOT RAS, not even close. Now it is legal to have a holstered firearm in the car, BUT that would not do any good if the officer does not know that. My gun is usually stays in the holster but I always buckle the gun belt around the passenger seat, more comfortable, more accessible, and more clearly seen.

    If you do have a holstered firearm it would be wise to have at least your DL and registration no where close to the firearm. And many people reach for their ID and info before the officer gets to the window, again it is not RAS.
    Procedure for any Traffic stop. #1 Put Car in park (column shift), #2 Turn on Interior light (above head), #3, roll all windows down (within inches of where my hands are already at, #4 Hands on steering wheel, wait till officer approaches.

    None of these movements require me to move my body or arms in any way that the officer can't see. And BE SURE that the officer is watching your movements at ALL times when he signals you to pull over.

    To unbuckle my seat belt, unholster my gun and put in on the passenger seat is a long motion that can lead to an uneasy officer approaching your car with his hand on his gun...

    Every car is different, But in a Crown Victoria, everything is made for easy access, so i don't worry about it.

  14. #14
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Steveboos View Post
    Procedure for any Traffic stop. #1 Put Car in park (column shift), #2 Turn on Interior light (above head), #3, roll all windows down (within inches of where my hands are already at, #4 Hands on steering wheel, wait till officer approaches.

    None of these movements require me to move my body or arms in any way that the officer can't see. And BE SURE that the officer is watching your movements at ALL times when he signals you to pull over.

    To unbuckle my seat belt, unholster my gun and put in on the passenger seat is a long motion that can lead to an uneasy officer approaching your car with his hand on his gun...

    Every car is different, But in a Crown Victoria, everything is made for easy access, so i don't worry about it.
    You are or were a police officer?
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    Quote Originally Posted by WalkingWolf View Post
    So if pulled over you do not put the car in park, or roll down the window? There is a big difference between putting gun on the dash and reaching under the seat or across the car. Moving in the car for obvious reasons is NOT RAS, not even close. Now it is legal to have a holstered firearm in the car, BUT that would not do any good if the officer does not know that. My gun is usually stays in the holster but I always buckle the gun belt around the passenger seat, more comfortable, more accessible, and more clearly seen.

    If you do have a holstered firearm it would be wise to have at least your DL and registration no where close to the firearm. And many people reach for their ID and info before the officer gets to the window, again it is not RAS.
    This was my point. I can unholster my gun without anyone seeing my movement, Even a cop while trying to safely pulling over. Stop being paranoid and skittish just because you have a gun.
    Here is some better advice... Dont break any laws and you will NOT get pulled.
    There are more reasons to get a CHP than carrying concealed. Legislators s look at CHP ownership in a county and can get a good feel of what type of people live there. Criminals can look a see where NOT to commit robberies. It should be an American obligation to bear arms.

  16. #16
    Regular Member ncwabbit's Avatar
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    day time stop while OC: drive to public place w/LE following, turn on recording device, stop and park and turn off vehicle, lock doors and roll down driver's window HALF way, put hands on steering wheel, state loudly - 'may i help your officer, trooper, deputy, etc.,' blah blah blah, 'im sorry officer, etc., i am late for an appointment so how may i assist your again?' ad nausm...

    nite time stop while OC: see above except turn on the vehicle's interior light while driving to a public place.

    wabbit

    ps: steveboos, et al., your attention is directed to the following site: http://www.javelinpress.com/you_and_the_police.html for your reading pleasure as well as various you tube presentations to enhance your understanding of stops...
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    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

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    Thank you guys for the responses! I feel a lot more at ease now on what to do if pulled over.

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