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Thread: OC in vehicle

  1. #1
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    OC in vehicle

    So just to clarify. I am under the impression that carrying in a vehicle is perfectly fine weather open (on a seat) or concealed (in glove box) as long as it's not concealed on your person (under garment) now what I'm unsure about is that if it is in an OWB holster and not concealed is it ok? Or because you are in the car it is considered concealed on your person. Also the protocol of having one in the pipe?
    Last edited by Castleninja; 03-07-2014 at 01:48 AM.

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    Regular Member z28power's Avatar
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    Being in the car doesn't make it concealed. If you have it holstered OWB and it is still visible, you are good to go for OC as you thought. The seatbelt and buckle/armrests don't count as concealment, either.

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    Quote Originally Posted by z28power View Post
    Being in the car doesn't make it concealed. If you have it holstered OWB and it is still visible, you are good to go for OC as you thought. The seatbelt and buckle/armrests don't count as concealment, either.
    Awesome thank you, and what about with one in the chamber? I know with a long gun it can't have one but wha about with a hand gun?

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    Regular Member z28power's Avatar
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    I haven't read anywhere a law against it in Nevada so... you should be good to go and it is what I am going to do when OCing. Now that being said, I personally wouldn't have one chambered without it being holstered on my person. I know you mentioned having it out in the open on a seat or in a case, I would probably not personally do either of those scenarios with the weapon fully loaded as a matter of safety in the case on an accident or sudden breaking causing the weapon to move around, etc.

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    Quote Originally Posted by z28power View Post
    I haven't read anywhere a law against it in Nevada so... you should be good to go and it is what I am going to do when OCing. Now that being said, I personally wouldn't have one chambered without it being holstered on my person. I know you mentioned having it out in the open on a seat or in a case, I would probably not personally do either of those scenarios with the weapon fully loaded as a matter of safety in the case on an accident or sudden breaking causing the weapon to move around, etc.

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    Oh yeah I was just using those scenarios to get my point across. And thanks for the help!

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    Fully loaded ready to go (chambered) handgun carried anywhere in the car, under the seat, glove box, center box, all good to go. Long guns MUST have an EMPTY chamber. Mag full and installed ok, none in the chamber. Welcome to the site.

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    Thanks!

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by 28kfps View Post
    Fully loaded ready to go (chambered) handgun carried anywhere in the car, under the seat, glove box, center box, all good to go. Long guns MUST have an EMPTY chamber. Mag full and installed ok, none in the chamber. Welcome to the site.
    Cite please for loaded gun being legal under the seat w/o a concealed permit.

    Castleninja is new to OCing and deserves to have benefit of seeing the law(s) for himself on all your information - that and citing is a Forum Rule.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  9. #9
    Regular Member z28power's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Cite please for loaded gun being legal under the seat w/o a concealed permit.

    Castleninja is new to OCing and deserves to have benefit of seeing the law(s) for himself on all your information - that and citing is a Forum Rule.
    I don't think there is a cite... Since there is no mention of where a gun can be held in your vehicle, the definition of a concealed weapon would apply.
    NRS 202.3653 (1) “Concealed firearm” means a loaded or unloaded handgun which is carried upon a person in such a manner as not to be discernible by ordinary observation.

    Putting the gun under your seat is not concealing it on your person, so it would not be considered a concealed weapon.

    The lack of a law against it in Nevada would imply legality due to state preemption. I'm new to this so maybe one of the other veterans of NRS statutes can chime in to confirm this, but I've got the laws pretty well memorized for this particular section now, I think
    Last edited by z28power; 03-07-2014 at 11:21 AM.

  10. #10
    Regular Member garand_guy's Avatar
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    See this AG opinion on "concealed upon the person" and this NRS section about rifle and shotguns not having a round in the chamber.

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    Regular Member z28power's Avatar
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    Quote Originally Posted by garand_guy View Post
    See this AG opinion on "concealed upon the person" and this NRS section about rifle and shotguns not having a round in the chamber.
    Garand, thanks for the Attorney General Link.

    For those TL; DR:
    It is our opinion that the language of NRS 202.350 would be narrowly construed to include only those
    concealed weapons which are actually on the person or in a container carried by the person.
    Sincerely,
    FRANKIE SUE DEL PAPA
    Attorney General
    By: ROBERT E. WIELAN

    In the analysis they specifically exclude under a seat in a vehicle as being upon a person.
    Last edited by z28power; 03-07-2014 at 12:23 PM.

  12. #12
    Regular Member garand_guy's Avatar
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    Quote Originally Posted by z28power View Post
    Garand, thanks for the Attorney General Link.
    NP.

    Also found this gem: To hide, to put out of sight, or to keep secret. This includes, but is not limited to, covering a firearm placed anywhere on the physical person; or in a purse, pack, briefcase or other container within the physical control of a person. It would not include a firearm in the glove compartment, under the seat or any other location in a motor vehicle. LV Metro Police Manual, section 5/107.08 Concealed Firearms and Permits, p. 259

    http://www.lvpmsa.org/Forms/Dept.%20...7.pdf#Page=259

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    Quote Originally Posted by Grapeshot View Post
    Cite please for loaded gun being legal under the seat w/o a concealed permit.

    Castleninja is new to OCing and deserves to have benefit of seeing the law(s) for himself on all your information - that and citing is a Forum Rule.
    Difficult for someone to come up with a cite for something being legal, when no statute exists that first prohibits that something.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by wrightme View Post
    Difficult for someone to come up with a cite for something being legal, when no statute exists that first prohibits that something.
    I am a product of, influenced by, my locale. That's why I hushed up and left it to locals.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  15. #15
    Campaign Veteran MAC702's Avatar
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    Type of holster doesn't matter for legality, just safety. Even handguns in the vehicle that are not on a person, but are properly holstered have no issue with one loaded in the chamber, for the same reasons as one holstered on your person. As mentioned, seats, window placement, seat belts, etc, do not count for concealment, just your garments.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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