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Car Open Carry

V

vtme_grad98

Regular Member
Joined
Sep 21, 2006
Messages
385
Location
Virginia Beach, VA, ,
imported post

MolonLabe! wrote:
ianto94 wrote:
So what's so wrong with keeping it in your holster on your belt or where ever you normally keep the holster?
Click to expand...
That's what I usually do, though some have stated that doing so may allow the cop to say that your firearm wasn't visible (for those who carry on their right hip) and go from there. However, I don't think that rationale would hold up in court.

Another issue is one of comfort; some OCers chose to take their firearm/holster off their hip as it digs into the seat.
Click to expand...
I have to agree with you there. It is true that a cop standing on the driver's side of my vehicle wouldn't be able to see my firearm in my holster. But the same is true if he's standing on my left side while I'm walking down the street as well.


From 18.2-308
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.
Click to expand...
I'd be hard pressed to believe that anyone could claim in court that a handgun in a holster on my hip, in or out of my car, is "of such deceptive appearance as to disguise the weapon's true nature." As it is, I still haven't been able to find a single precedent in Virginia for this "standard" everyone keeps throwing around about how it has to be on your seat or the dash to not be concealed.
 
L

LEO 229

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Joined
Feb 21, 2007
Messages
7,606
Location
USA
imported post

vtme_grad98 wrote:
MolonLabe! wrote:
ianto94 wrote:
So what's so wrong with keeping it in your holster on your belt or where ever you normally keep the holster?
Click to expand...
That's what I usually do, though some have stated that doing so may allow the cop to say that your firearm wasn't visible (for those who carry on their right hip) and go from there. However, I don't think that rationale would hold up in court.

Another issue is one of comfort; some OCers chose to take their firearm/holster off their hip as it digs into the seat.
Click to expand...
I have to agree with you there. It is true that a cop standing on the driver's side of my vehicle wouldn't be able to see my firearm in my holster. But the same is true if he's standing on my left side while I'm walking down the street as well.


From 18.2-308
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.
Click to expand...
I'd be hard pressed to believe that anyone could claim in court that a handgun in a holster on my hip, in or out of my car, is "of such deceptive appearance as to disguise the weapon's true nature." As it is, I still haven't been able to find a single precedent in Virginia for this "standard" everyone keeps throwing around about how it has to be on your seat or the dash to not be concealed.
Click to expand...
The code identifies that it must be "hidden" from common observation.

Having it on your right hip and viewable from the right side windowwould not be hidden at all. Now the officer at the left window would not be able to see it while conducting business at your window.. but you never hid the gun.

The problem would be if the gun shifted being you and the seator you have bucket seats that wrap around. If most of the gun was hidden between your body and the seat... then you could be in a little trouble.

But for me.... I do not like the wear on the seat so I stuff mine in the door pocket.
 
L

LEO 229

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Joined
Feb 21, 2007
Messages
7,606
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USA
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Neplusultra wrote:
LEO 229 wrote:
But for me.... I do not like the wear on the seat so I stuff mine in the door pocket.
Click to expand...

That would be hidden wouldn't it? Since you can't really see it from any direction except right above it.
Click to expand...
Oh My Yes.... But I have a CC permit so I can do that.
 
V

vtme_grad98

Regular Member
Joined
Sep 21, 2006
Messages
385
Location
Virginia Beach, VA, ,
imported post

LEO 229 wrote:

The problem would be if the gun shifted being you and the seator you have bucket seats that wrap around. If most of the gun was hidden between your body and the seat... then you could be in a little trouble.

But for me.... I do not like the wear on the seat so I stuff mine in the door pocket.
Click to expand...
Now that I've started carrying my 1911 when I OC instead of my Glock 26, I'm starting to reconsider how I carry in my car. I probably wouldn't have thought about it at all if you hadn't mentioned in one of these posts about the possibility of the frame rubbing a hole in the upholstery.
 
E

eyesopened

Regular Member
Joined
Dec 5, 2007
Messages
731
Location
NOVA, Virginia, USA
imported post

vaguard wrote:
If a handgun is not loaded can it be concealed in a vehicle without a permit?
Click to expand...

If it's not loaded, it can be concealed in the trunkand "secured". No specifics on secured so firearm can be in a softcase with a $.50 lock.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-308+500216
4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;
5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
Click to expand...
 
N

nova

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Joined
Aug 19, 2007
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3,149
Location
US
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I remember hearing that it "can't be accessible by passengers" which ruled out gloveboxes and center consoles, even if locking.

Now, I've said it before but I'll just repeat it anyhow since it applies here too...what about us folks who don't have trunks? I have a pickup with an extended cab so when I head to the range I just put my range bag (guns in separate cases inside the bag) on either the back seat or the floor behind my seat, and hope that if I get pulled over the officer will be understanding.
 
D

DeadCenter

Regular Member
Joined
Nov 28, 2006
Messages
718
Location
The Lower End of NoVa, Virginia, USA
imported post

nova wrote:
I remember hearing that it "can't be accessible by passengers" which ruled out gloveboxes and center consoles, even if locking.

Now, I've said it before but I'll just repeat it anyhow since it applies here too...what about us folks who don't have trunks? I have a pickup with an extended cab so when I head to the range I just put my range bag (guns in separate cases inside the bag) on either the back seat or the floor behind my seat, and hope that if I get pulled over the officer will be understanding.
Click to expand...

No CHP =

Locked and secured -- I would lock the gun cases. No trunk, no problem the cabin will do as long as the cases are secured.

Problem comes in because of concealment.

Otherwise in plain site will work.

With CHP =

Does not matter.



DC
 
N

nova

Regular Member
Joined
Aug 19, 2007
Messages
3,149
Location
US
imported post

DeadCenter wrote:
nova wrote:
I remember hearing that it "can't be accessible by passengers" which ruled out gloveboxes and center consoles, even if locking.

Now, I've said it before but I'll just repeat it anyhow since it applies here too...what about us folks who don't have trunks? I have a pickup with an extended cab so when I head to the range I just put my range bag (guns in separate cases inside the bag) on either the back seat or the floor behind my seat, and hope that if I get pulled over the officer will be understanding.
Click to expand...

No CHP =

Locked and secured -- I would lock the gun cases. No trunk, no problem the cabin will do as long as the cases are secured.

Problem comes in because of concealment.

Otherwise in plain site will work.

With CHP =

Does not matter.



DC
Click to expand...

I'll have to pick up a cheap suitcase tumbler lock to lock the gun case(s) then, until 2010 when I can get my CHP and have less 'rules' to worry about :)

When locked, the firearms must also be unloaded as well, correct?
 
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