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entering/ exiting owned vehicle while OC'ing

dalivia

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Sep 24, 2013
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Green Bay Wisconsin
Just a quick question I have about going around town and entering and exiting my vehicle while ocing?

Do I have to place my pistol in a case and lock it in the trunk? or can I keep it on my person????? I also heard that I can have the pistol in the car with me as long as it is in plan sight like on the dash?? or seat next to me ? if anyone knows something about this i'd be very thankful to hear back, its a pain in the ass having to secure it in the trunk.
 

SouthernBoy

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You should check with the laws within your state but if allowed, your holster is the best place to keep your sidearm. Do not put it on your dash or the passenger seat. Sudden and hard braking or turning will cause that gun to wind up in places where you'd rather it not be.
 

JustaShooter

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As Southernboy noted, it really depends on the laws of your state - presumably, Wisconsin.

For example, in Ohio, without a concealed handgun license you must unload and store it properly. Not necessarily in the trunk, but there are specific requirements. In other states there are no such requirements for those without a license.

I do not know how Wisconsin handles this, but if you haven't asked in the Wisconsin sub-forum you may want to do so because that is probably the best place to get an accurate answer.
 

SD40VE

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North Macomb CO, MI
As Southernboy noted, it really depends on the laws of your state - presumably, Wisconsin.

For example, in Ohio, without a concealed handgun license you must unload and store it properly. Not necessarily in the trunk, but there are specific requirements. In other states there are no such requirements for those without a license.

I do not know how Wisconsin handles this, but if you haven't asked in the Wisconsin sub-forum you may want to do so because that is probably the best place to get an accurate answer.

same with michigan, must be in a case in the trunk, separated from mags and/or ammo. unless you have a CPL which is the concealed pistol license.
 

Running Wolf

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Corner of No and Where
Just a quick question I have about going around town and entering and exiting my vehicle while ocing?

Do I have to place my pistol in a case and lock it in the trunk? or can I keep it on my person????? I also heard that I can have the pistol in the car with me as long as it is in plan sight like on the dash?? or seat next to me ? if anyone knows something about this i'd be very thankful to hear back, its a pain in the ass having to secure it in the trunk.

This really should be in the WI forum. In any case here's a link to a thread with info you need when it comes to OC in WI: New to Open Carrying (OC) In WI, Here's what you should know

If you have a CC license you do not have to unholster, unload, encase while moving in and out of your car. There is some debate, at least in my mind, about what the law allows for those without a CC license. I interpret the law to state the firearm must be visible from outside the vehicle, or encased, for a person with no CC license. Also, knowingly entering within 1000 feet of a school zone with a loaded firearm is not allowed without a CC license.

PLEASE, PLEASE, PLEASE read the information in the thread I reference above. Please do not take my word as the final authority on the law of the state. And please read the applicable statutes yourself before considering your question answered.
 

SouthernBoy

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As Southernboy noted, it really depends on the laws of your state - presumably, Wisconsin.

For example, in Ohio, without a concealed handgun license you must unload and store it properly. Not necessarily in the trunk, but there are specific requirements. In other states there are no such requirements for those without a license.

I do not know how Wisconsin handles this, but if you haven't asked in the Wisconsin sub-forum you may want to do so because that is probably the best place to get an accurate answer.

I had thought that Ohio was an open carry state. If this is so, couldn't you just leave it in your holster without concealing it? Or must you have a concealed permit to carry openly?
 

OC for ME

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Get a concealed carry permit and mitigate the issue. Of course the costs associated with getting a CC permit may be a issue. Save your pennies and get the permit. Having the permit will also mitigate many issues if traveling in another state. Research and carry on.
 

JustaShooter

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Can't you just keep your openly carried sidearm in your holster while in your vehicle or must you have a permit since it would now be considered concealed under those circumstances?

The way I read Ohio law I would say yes, but others disagree. I am unaware of any case law that clarifies the matter so anyone who does so may well get to be the test case. I have my Ohio CHL so I do not have to make that choice.

To me, getting your CHL is the prudent thing to do - here in Ohio and in other states it allows one to remain armed in more circumstances than would otherwise be legal.
 

eye95

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Yes I know that.

Can't you just keep your openly carried sidearm in your holster while in your vehicle or must you have a permit since it would now be considered concealed under those circumstances?

No. Absolutely NOT. Anyone saying otherwise should just STOP, until they have been stopped for it, argued their reading of the law in front of a judge, and gotten a favorable ruling. Until that happens, people who don't know the law are being put at risk by folks making wild claims about what the law says.


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SouthernBoy

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No. Absolutely NOT. Anyone saying otherwise should just STOP, until they have been stopped for it, argued their reading of the law in front of a judge, and gotten a favorable ruling. Until that happens, people who don't know the law are being put at risk by folks making wild claims about what the law says.


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So once one enters their vehicle with an openly carried sidearm, it then becomes concealed? Does this also apply to restaurants where someone is seated at a booth and the booth wall is on their strong side?

Mind you, these are not casual or testing questions. I am seriously curious about this for folks who live in Ohio.
 

JustaShooter

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SpringerXDacp

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May 12, 2006
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Burton, Michigan

SpringerXDacp

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Burton, Michigan
same with michigan, must be in a case in the trunk, separated from mags and/or ammo. unless you have a CPL which is the concealed pistol license.

Not so.

Without a CPL, the pistol must be unloaded, in a case designed for a pistol and locked in the trunk. If your vehicle does not have a trunk, the mentioned conditions (unloaded and in a case) apply and the encased pistol must not be accessible to driver and passengers. The ammo and/or loaded mags can be in the case with the pistol, as long as, the pistol is unloaded. See 750.231a.

There is however a provision in Michigan law which allows a CPL holder with a measurable BAC, as a driver or passenger in a vehicle without a trunk, to have the unloaded pistol, in a locked container and separate from ammo or loaded mags. If the vehicle has a trunk, it must be transported in the trunk and there's no requirement for the pistol to be unloaded or in a case.

http://www.legislature.mi.gov/(S(vx...eg.aspx?page=GetObject&objectname=mcl-28-425k
 
Last edited:

eye95

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So once one enters their vehicle with an openly carried sidearm, it then becomes concealed? Does this also apply to restaurants where someone is seated at a booth and the booth wall is on their strong side?

Mind you, these are not casual or testing questions. I am seriously curious about this for folks who live in Ohio.

It is not so much that it becomes concealed as that a CHL is required to carry concealed or to carry loaded in a car. This is almost the exact situation we had when I lived in Alabama.


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eye95

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I can find nothing in the law that says that. Clearly, as you have seen here, there is disagreement among some of the Ohio members here.

See http://forum.opencarry.org/forums/s...o-All-OC-rs-a-quick-intro-and-a-few-questions! for a topic where we've discussed much of this (and, in my mind, have not come to a compelling conclusion supported by Ohio law.)

Here's a compelling conclusion: If someone follows your advice and carries their handgun in its holster, they risk arrest and conviction. How about YOU do it, get arrested for it, and let us know how it comes out.

YOU are putting others at risk with your legal interpretation.


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JustaShooter

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Here's a compelling conclusion: If someone follows your advice and carries their handgun in its holster, they risk arrest and conviction. How about YOU do it, get arrested for it, and let us know how it comes out.

YOU are putting others at risk with your legal interpretation.

I repeat:
I am unaware of any case law that clarifies the matter so anyone who does so may well get to be the test case. I have my Ohio CHL so I do not have to make that choice.

To me, getting your CHL is the prudent thing to do - here in Ohio and in other states it allows one to remain armed in more circumstances than would otherwise be legal.

Also, I am not giving advice, and I have not made a "legal interpretation". I am not a lawyer, all I am doing is presenting how I read the law, which is a very different thing. And, as noted, I have made it abundantly clear that as one of the grey areas in Ohio's law that doing so can put you at risk, and that there are ways to avoid the issue entirely. As I have my Ohio CHL, I am not at risk. Others are free to make their own choices but I have in no way recommended anyone do so and have on many occasions recommended taking actions that eliminate that risk.
 

OC for ME

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RSMo 571.030.3. Subdivisions (1)[carries concealed weapon], (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person twenty-one years of age or older or eighteen years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event or club event.
No permit to conceal is required in MO. If your are 21+ keep it loaded and on your hip.....or wherever.

How many veterans, who were honorably discharged, are not 21+? Though, there are other classifications of discharge from the Armed Forces, honorable being only one.
 
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