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Thread: Open carry in a vehicle

  1. #1
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    I have read many posts in this forum, it appears the typical method of open carry in a vehicle is to leave the weapon in the holster either (1) on your hip/shoulder/leg holster or in a glove box. I do not like the glove box as it renders you helpless and with the weapon on your hip (as I carry) it is a bit clumsy attempting to reach and or extract in a emergency situation. I practice drawing with Blue Gun standing, sitting and sitting in a vehicle (http://www.red-diamond-unif.com/bluegun.htm).

    Is there anything about a holster attached to the vehicle that leaves the weapon in plane site? I have fabbed a dash mount holster but do not know if it is legal for use while in and or operating a vehicle.

    Regards

    Rick

  2. #2
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    Hopefully that will be a moot point if HB2389 passes this session.

    From the AZCDL news page: http://www.azcdl.org/html/news.html

    April 8, 2008
    AzCDL bills pass in committee but Campus Carry stalls

    On Monday, April 7, 2008, the Senate Judiciary Committee heard and passed the following important pro-rights bills that originated in the House:

    HB 2389, an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit.HB 2389 passed by a 4-2 vote with one member not voting.

    -------------

    That page is a great place to keep up with AZ firearms issues.

  3. #3
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    mzbk2l wrote:
    Hopefully that will be a moot point if HB2389 passes this session.

    From the AZCDL news page: http://www.azcdl.org/html/news.html

    April 8, 2008
    AzCDL bills pass in committee but Campus Carry stalls

    On Monday, April 7, 2008, the Senate Judiciary Committee heard and passed the following important pro-rights bills that originated in the House:

    HB 2389, an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit.HB 2389 passed by a 4-2 vote with one member not voting.

    -------------

    That page is a great place to keep up with AZ firearms issues.
    That is just a committee vote, has not passed the Senate yet and has not been signed by the Governor so it's not law yet. From what I understand though- you can only OC in your vehicle if you have a CCW permit, because by bein in the vehicle you have concealed your sidearm, ironically you can have that same sidearm in a holster in the center console of your vehicle and be perfectly legal. Legislation that is not thought out well to begin with is why the above referenced law is so badly needed.


  4. #4
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    From the Arizona Revised Statutes:
    13-3102. Misconduct involving weapons; defenses; classification; definitions
    A. A person commits misconduct involving weapons by knowingly:
    1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
    2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or
    ...
    F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster which holster is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons which scabbard or case is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.

    IANAL, but itlooks to me like BigRick's idea should pass legal muster.

    http://arizonagunowners.com - The best AZ gun board around!

  5. #5
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    JesseL wrote:
    From the Arizona Revised Statutes:
    13-3102. Misconduct involving weapons; defenses; classification; definitions
    A. A person commits misconduct involving weapons by knowingly:
    1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
    2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or
    ...
    F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster which holster is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons which scabbard or case is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.

    IANAL, but itlooks to me like BigRick's idea should pass legal muster.

    It should by the letter of the law, but remeber the law is made up of written statute and case law unfortunately where it comes to this particular topic, the case law is attrocious- another actvist judge legislating from the bench. Read this from AZCDL

    Under current law, if you have not been issued a concealed weapons (CCW) permit, it is a class 1 misdemeanor to carry a concealed weapon.Everyone is treated like a hardened criminal.Sadly, because of 1994 Appellate Court decisions:

    • If a casual observer cannot easily see your firearm, you are carrying concealed and could be arrested.

    • Wearing a gun in a vehicle = concealed carry.Without a permit you are subject to arrest.

    • Having a CCW permit and wearing a gun in a vehicle puts your non-CCW permit passengers at risk for being arrested for carrying concealed without a permit.

    http://www.azcdl.org/html/news.html

  6. #6
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    True, but I've yet to run into a cop who has interpreted it that way. (Course, I'm usually driving my '67 Cutlass convertible with the top down, so it's easy to see that I'm carrying.)

  7. #7
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    mzbk2l wrote:
    True, but I've yet to run into a cop who has interpreted it that way. (Course, I'm usually driving my '67 Cutlass convertible with the top down, so it's easy to see that I'm carrying.)
    We're not all lucky enough to be driving convertibles, so yeah rub it in :P.

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