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Thread: question about car OC...

  1. #1
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    Question about OCing in the car...

    When you're OCing in the car, everyone says to put your gun on the dash. What about the passenger seat? Reason I ask is because anything that goes on my dash does not stay on my dash (due to the general design and copious amounts of armor all) and before I OC in the car I want to make sure it's kosher to put the gun on the passenger seat. I guess my primary concern is that everyone says "put it on the dash" like it's a requirement. Anyone have any stories/experience/case law?

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    Concealed means "concealed from casual observation". If no overt act of search by the police officer is required to see your firearm, it is my understanding that you are not carrying concealed. Once again, I am not an attorney, but I can read as well as one, and I look this stuff up for myself. Not a jab at you, just to let you know that I am not talking out of my a**. On a personal note, I once got stopped for a tail light being out, informed the officer that my S&W model 66 was on the passenger seat, he looked in the window, and said OK. That was where that part of the conversation ended. This was in the '80s, before I had a CHP.

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    glocknroll wrote:
    Concealed means "concealed from casual observation". If no overt act of search by the police officer is required to see your firearm, it is my understanding that you are not carrying concealed. Once again, I am not an attorney, but I can read as well as one, and I look this stuff up for myself. Not a jab at you, just to let you know that I am not talking out of my a**. On a personal note, I once got stopped for a tail light being out, informed the officer that my S&W model 66 was on the passenger seat, he looked in the window, and said OK. That was where that part of the conversation ended. This was in the '80s, before I had a CHP.

    Glock, thanks for the input. I look everything up myself too, my primary concern is the fact that everyone says "dash" like that's the only way to do it. I just wasn't sure if there was some case etc that started that. From the way I read the law I think that carrying in your holster on your side would be ok so long as it's visible, but I really don't want to push it to the limit.

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    Regular Member IanB's Avatar
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    If I didn't have a CHP and OC'd in my car I would put it on the passenger seat. Why? Because the first (and only) time I put a pistol on the dash it was airborne the second I took off in first gear. Stupidly, I tried to catch (successfully) the gun in the air and almost placed my finger in the trigger guard during the catch. Can you say "AD"? When someone is talking about placing a pistol on the dash, I think they mean "during a traffic stop". You would be fine to have it either on the passenger seat, the rear seat, or on the dash. If it was on the floor it could be construed as "not observable".

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    ยง 18.2-308 . Personal protection; carrying concealed weapons; when lawful to carry. A. If any person carries about his person, hidden from common observation,

    .................For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

    It's that simple. I'd recommend some type of holster mount, easily seen, if you plan on OC in the vehicle frequently. It can easily fly off the seat or dash.


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    Dash is obvious

    Seat is acceptable - The area of the seat nearest the glovebox is almost always visible from both front windows.

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    LEO 229 wrote:
    Dash is obvious

    Seat is acceptable - The area of the seat nearest the glovebox is almost always visible from both front windows.
    Question: If you,as a law enforcement officer could not observe the firearm from the first window you approached (probably driver's side), would you consider the firearm to be concealed? I encountered a similar situation once in VA Beach. I was approached by a cop in a parking garage, as I was leaving my vehicle to go into my hotel room. My fiance (wife now) and I were having a disagreement (I wanted to go in, she wanted to go back out. )I had the gun stuck in my waistband in front of me, in the open, as I had no CHP at the time. As my bad luck would have it, a lady had been raped in that same parking garage a week previously. Officer couldn't see the gun when he walked up behind me, but my wife could. Hecharged me with carrying a concealed weapon. The charge was dismissed, but what a big hassle it was. My point is that even though you can't see the gun from one angle doesn't make it concealed. I realize that the best thing to do at that point is to inform tne LEO of the presence of a firearm, but it didn't work that night for me in Va Beach.

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    Even if you are a big believer, don't you think it would be a good idea to get a CHP just in case?

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    dixiehacker wrote:
    Even if you are a big believer, don't you think it would be a good idea to get a CHP just in case?
    I have had a CHP for years now. My questions now generally pertain to how my adult children should react in certain situations. My oldest (20) still isn't old enough to have a CHP, but I don't want her to have to travel unarmed either. I actually had one of the old Virginia concealed weapon permits, before shall issue. It allowed you to carry knives, black jacks, and other weapons besides just handguns. It was a restricted permit, only valid when I was working security/PI. This was in the late 80's early 90's.

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    glocknroll wrote:
    LEO 229 wrote:
    Dash is obvious

    Seat is acceptable - The area of the seat nearest the glovebox is almost always visible from both front windows.
    Question: If you,as a law enforcement officer could not observe the firearm from the first window you approached (probably driver's side), would you consider the firearm to be concealed? I encountered a similar situation once in VA Beach. I was approached by a cop in a parking garage, as I was leaving my vehicle to go into my hotel room. My fiance (wife now) and I were having a disagreement (I wanted to go in, she wanted to go back out. )I had the gun stuck in my waistband in front of me, in the open, as I had no CHP at the time. As my bad luck would have it, a lady had been raped in that same parking garage a week previously. Officer couldn't see the gun when he walked up behind me, but my wife could. Hecharged me with carrying a concealed weapon. The charge was dismissed, but what a big hassle it was. My point is that even though you can't see the gun from one angle doesn't make it concealed. I realize that the best thing to do at that point is to inform tne LEO of the presence of a firearm, but it didn't work that night for me in Va Beach.
    If must be "hidden" from view. If most of it was clearly in view and identifiable as a gun...IMO it is not concealed. Good to hear you got off on that one.

    Even if it is on the seat next to but your body blocks it from the driver's window... an officer approaching on the right side could see it.

    I recommended moving it forward so that the officer on the left would be able to see it too.

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