When open carrying where should the pistol be when in the car?

curtiswr · Jul 12, 2008

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The law says it must be clearly visible, so does that mean laying out on the seat and not on my hip? Being holstered would be clearly visible from any other situation, but I can see how it wouldn't be in a vehicle.

And I can't seem to find anything online saying that it is, but is Richmond City open carry law any different than VA carry law? I live in the Museum District and I've been wondering if being inside the city makes it any different for me or not.

Sorry if this is a ridiculous question, just trying to work out any quirks and qualms before open carrying for the first time today.

skidmark · Jul 12, 2008

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Welcome to OCDO and the OC experience.

Carrying on your hip in any sort of manufactured (by you, some famous maker, or some cheap mass marketer) holster is good enough when in the car. It is generally easier to control there when turning, stopping, etc., as opposed to having to lunge for it as it slides off the seat or dashboard.

While you may get a few odd states in the Museum District (now just how is that distinguished from the Fan, except by real estate agents?), do not let that deter you from OC-ing. A part of the decision to OC is related to educating the public that possession of handguns is legal and poses no threat to them.

Thanks to state pre-emption law http://www.law.emory.edu/4circuit/nov97/967619.p.htmlNo city, county or town can enact laws regulating the possession or carrying of firearms. :celebrate Stop worrying on thatr score.

Your concerns as a new OC-er are valid. Try to come to the Richmond OC dinner next Tuesday 7/15 - see http://opencarry.mywowbb.com/forum54/12923.htmlfor details and the address. Everyone is welcome to attend, and it is a great way to meet folks who also OC or support OC-ing.

stay safe.

skidmark

WhatTimeIsIt? · Jul 12, 2008

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Seat is good, but I usually leave it on my hip. It probably depends on how you wear it and your car. With me, it is clearly visible from the passenger side, and therefore I believe it to be ok. If your car's center console, or something else, blocks it, it might be considered concealed. However, some argue that wearing it on your hip is always open and being in a car doesn't change that as a door or console is just a temporary obstruction that happens to be there.
Firearms laws are uniform, with few narrow exceptions, throughout Virginia because of state preemption.

ProShooter · Jul 12, 2008

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Welcome Curtis...glad to have you here.

Reverend73 · Jul 12, 2008

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I dont have to worry about concealment since I have a CCW, but in the car, I put mine here since I have faster access and it won't fly around

When I exit, I just put it in my belt holster and be on my way. Or if I'm carrying the 1911, just lock it in the glove box.

nova · Jul 12, 2008

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WhatTimeIsIt? wrote:

Seat is good, but I usually leave it on my hip. It probably depends on how you wear it and your car. With me, it is clearly visible from the passenger side, and therefore I believe it to be ok. If your car's center console, or something else, blocks it, it might be considered concealed. However, some argue that wearing it on your hip is always open and being in a car doesn't change that as a door or console is just a temporary obstruction that happens to be there.
Firearms laws are uniform, with few narrow exceptions, throughout Virginia because of state preemption.

yep...same with a restaurant...if you're OCing and then sit against a wall or other area where no one can 'see' your gun, is that consideredconcealed? Same thing with having a center console in a vehicle blocking the view. The law doesn't specifically say anything other than 'hidden from common observation'.

marshaul · Jul 12, 2008

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Reverend73 wrote:

I dont have to worry about concealment since I have a CCW, but in the car, I put mine here since I have faster access and it won't fly around

http://i216.photobucket.com/albums/cc111/machtig26/DSC03253.jpg[IMG]
[IMG]http://i216.photobucket.com/albums/cc111/machtig26/DSC03254.jpg[IMG]

When I exit, I just put it in my belt holster and be on my way. Or if I'm carrying the 1911, just lock it in the glove box.
[/quote]

What holster is that? And how is it attached?

Sea_Chicken · Jul 12, 2008

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Nice i wanted to do something like that in my truck but i will catch flack when i drive on the base everytime even though i dont carry onto base.

dixiehacker · Jul 13, 2008

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It doesn't hurt to get a CHP, it helps keep ambiguity out of the open/concealed situation in the car. Also, somtimes it's nice to have the ability to put on a raincoat to protect yourself and the firearm from the elements.

Also, a CHP keeps you from having to worry about the one handgun a month thing.

AbNo · Jul 14, 2008

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dixiehacker wrote:

Also, a CHP keeps you from having to worry about the one handgun a month thing.

This is why I don't get a CHP: I couldn't afford it.

Also, welcome, Curtis!

Remember....

I kid, I kid!:lol:

richarcm · Jul 15, 2008

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I'm a noon too. I was under the impression that if I carried in my car that it had to be in plain sight and out of reach. I've been keeping mine behind the back seat of my Explorer.

DHCruiser · Jul 16, 2008

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Before I got my CHP, I was concerned about OC on the hip in the car as well. I finally went with some solid advice I read on an OC board. If in doubt, put it on the dash for the world to see. It either sat on the passenger seat or on the dash. That became quite annoying though and I got a CHP so it doesn't matter where it is.

casullshooter · Jul 16, 2008

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curtiswr wrote:

The law says it must be clearly visible, so does that mean laying out on the seat and not on my hip? Being holstered would be clearly visible from any other situation, but I can see how it wouldn't be in a vehicle.

And I can't seem to find anything online saying that it is, but is Richmond City open carry law any different than VA carry law? I live in the Museum District and I've been wondering if being inside the city makes it any different for me or not.

Sorry if this is a ridiculous question, just trying to work out any quirks and qualms before open carrying for the first time today.

Since you will be in Richmond just make sure that you do not cross onto VCU Property/Buildings/Campus as carry is prohibited by Statute.

nova · Jul 16, 2008

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richarcm wrote:

I'm a noon too. I was under the impression that if I carried in my car that it had to be in plain sight and out of reach. I've been keeping mine behind the back seat of my Explorer.

Nope...doesn't have to be out of reach if OCing. However to transport a gun that is not open carried,andyou don't have a CHP, you must have it unloaded and not accessable to any passengers.

EDIT: Forgot to add the few exceptions to this. You can have a concealed gun and no CHP as long as it is 'securely wrapped' (in other words, encased, etc.) and unloaded, as long as you're on your way to or from an established range, gun shop, gun smith, etc.), and it doesn't have to be out of reach.

Fawkes · Aug 2, 2008

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I'm all confused. I spoke to a Va Beach police officer who stated that a holstered firearm could be considered concealed and that (in a car) the firearm (in my case a semi-auto) must have the slide back, unloaded, and cannot be in the same location as the ammunition, or as he put it, keep the ammo in the glovebox and the gun in th trunk... a lot of good that will do me if my life is put on the line. I'm sure the general public also won't take too well to me exiting my car with a magazine, popping the trunk, and loading my CZ... Is it possible that it's done by city?

Thanks.

AbNo · Aug 2, 2008

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First of all, this officer either speaks through ignorance or malice.

Second of all, even if VABCH had such a law on the books, it would be rendered void by state preemption.

Third, in VB, if holstered = concealed, I'm pretty sure those Tidewater OCdOs (dining outs) would've seen a few people arrested.

Fourth, I've been pulled over three times, and stopped once on foot, and everytime I had a holstered pistol with me. I never received a ticket.

Fifth, what's a CHP? I sure don't have one.

Finally, if you want to OC for the first time, go do it here tonight, you won't be alone.

http://opencarry.mywowbb.com/forum54/14058.html

Also, I'm sure someone can put much more.... definitive proof forth, if you require it. I just got done changing a coolant hose on my Jeep, so I'm feeling a little tingly.

Fawkes · Aug 2, 2008

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I'm going to work up the nerve to come out to one of those some night, I just have a irrational phobia of meeting new people. Plus I'm off to see Lewis Black at Chrysler Hall this evening. Like I said before, I'm still a little confused & nervous about driving while holstered since it's on my right side and the seat-belt covers it a little so I've been keeping it in my case on the passenger seat or floorboard. BTW, the officer I spoke with was officer Talbet of the 2nd precinct & if he's misinformed, then I'm a little weary.

AbNo · Aug 2, 2008

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Weary (tired), or wary (uneasy)?

Honestly? Do what I do, clip the holster (or another holster) to your passenger's side seatbelt.

It holds that sucker in place (you ARE using a retention holster, right?), is totally visible, and easily accessible! :celebrate

Bubba Ron · Aug 3, 2008

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Fawkes wrote:

I'm going to work up the nerve to come out to one of those some night, I just have a irrational phobia of meeting new people. Plus I'm off to see Lewis Black at Chrysler Hall this evening. Like I said before, I'm still a little confused & nervous about driving while holstered since it's on my right side and the seat-belt covers it a little so I've been keeping it in my case on the passenger seat or floorboard. BTW, the officer I spoke with was officer Talbet of the 2nd precinct & if he's misinformed, then I'm a little weary.

Fawkes - none of us are "new" some are a little newer than others though. Slip that irrational phobia for one night and join us at a Tidewater OC Dinner....you'll be glad you did

.

Morbid · Aug 4, 2008

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I hate you for that car lol just kidding i like that set up very nice, i keep mine on my hip while im mobile.

I use a IWB holster thats made of nylon very comfortable even with the weight of a laser sight and 10+1 rnds of acp. I love it my retention is how tight i ware my belt. I have always thought if i get stopped it might cause a problem because i ware my OC only 1/3, with the VA tuck .

My seatbelt and my center console block the view of the weapon, but I have never had a problem with a LEO on a traffic stop, out of courtesy i inform any LEO during a traffic stop that i have a weapon on my person.

It may make them a little uneasy at first but after they relax a little the stop continues as normally.

I am aware you don't have to inform a LEO, but it's nice to do so, i would much rather someone tell me during a stop then for me to have to find out after wards.

When open carrying where should the pistol be when in the car?

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