Does wearing a seatbelt make it concealed?

Whirlybird818 · Oct 30, 2008

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I'm confused. I wear my USP on my right side, in a blackhawk serpa paddle holster. After reading some other posts on here, it looks like when driving, the seat belt causes the gun to be concealed (hard to conceal that gun lol).

Have we reached a general consensus on the seat belt thing? Open or concealed?

If it does cause a concealed situtation, let me get the straight, you cannot open carry a pistol strong side driving (due to the seatbelt) , but you can put it in a holster in a glove compartment or under your seat, or in a closed center counsel and still have it be open carry? :banghead:

Cant someone make it straight forward?

Any help appreciated- Jeff

SlackwareRobert · Oct 31, 2008

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Well when two laws conflict, the higher law should apply.
So if driving law conflicts with constitutional law, the latter wins out.:celebrate
Your honor, if I wear a seatbelt I would be breaking the law posibly felony at that, and as a law abiding citizen I can't do that.

But you have to wiegh that against the 9th circut court of dummies. Where all laws
are subject to coin toss, and astrological signs.

r6-rider · Oct 31, 2008

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i was thinkin that same thing while driving the other day. i carry at 4 o clock when i drive too so wearing a seat belt makes it so my passengers cant even see it. i figure in the event i got pulled over i usually have my license and stuff already there before the cop gets to the window so after un-buckling id just move the holster to 2 or 3 o clock

Sonora Rebel · Oct 31, 2008

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Cops 'n movie quick draw cowboys I think, have contributed much to 'strong side' carry.Originally... militarytypes (Cavalry)'n 'cowboy's carried cross draw 'cause it's easier to mount up 'n draw while seated w/o havin' that piece up in her armpit 'fore ya clear leather. I carry cross draw for that reason 'n seat belt buckles. 'Easier for some LEO to see as well if he'd look down. The butt of that 1911-A1 is kind'a prominant with the holster slightly forward. I wear a 'gunbelt'... over my 'pants belt'. (Pant's belts didn't happen 'til the advent of belt loops in 1922 anyway... no matter what John Wayne wore.)

Guns under the seat are still illegal most places... 'n not a good idea anyway.

Jared · Oct 31, 2008

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We are not sure anymore due to the liberal activist judges in the Moran and the Adams case. We do not know what is unconcealed or concealed in a vehicle. A pistol on the dashboard is clearly unconcealed, but if your wearing it on your body, we do not know. The case law in these two cases have really blurred the lines in Arizona.

Keep in mind that due to a change in the law in 2005 a holstered pistol in a glovebox or "map pocket" by definition is unconcealed. Even if the glovebox is closed, it's still considered open carry.

A unholstered pistol in a glovebox is considered concealed.

like_the_roman · Oct 31, 2008

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Jared wrote:

A unholstered pistol in a glovebox is considered concealed.

F. 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.

The way I read the statute, you have to have your weapon holstered/cased within a means of transportation except if you place it within the storage compartment (center console), map pocket, trunk, or glove compartment.

1FASTC4 · Oct 31, 2008

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Heh. finally, a payoff to being left handed!

Michigander · Oct 31, 2008

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I tuck my gun over my seat belt. I have an exceptionally hard time believing an AZ cop would call that concealed, and I have an even harder time believing a judge would. The seat belt might be partly concealed, but not the gun.

Whirlybird818 · Nov 3, 2008

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After reading some posts, I decided to start OCing again on my strong side in the car. I tucked the seat belt under the grip. Carring this was was comfortable, and I think it worked. Im not sure how easy I could get to it if i needed to however.

I don't think that it was completely obvious if i was pulled over, but i think part of the gun was visible from the side window.

I sure wouldnt call it concealed, but it wasnt as obvious as if you had it laying on the dash. I dont think a cop would call it concealed either, especially if you tell them about it right away.

TOF · Nov 3, 2008

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My solution was to obtain a CCW permit so I can carry whichever way I choose. I realise some of you don't wish to go that route and understand that solution may not be for all.

Stay safe

SlackwareRobert · Nov 5, 2008

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Most times leo approaches from pasinger side around here, so would
be more 'hidden' by cross drawn holster.
So do you raise your arm rest when pulled over?

Whirlybird818 · Nov 7, 2008

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I've always heard that when you get pulled over, cops like it when you just don't move.

I've always just been told to park the car, turn it off, hands on the steering wheel, roll down the window and don't move until they get there and ask for stuff. If you are carrying, inform them right away and they will deal with it.

Does wearing a seatbelt make it concealed?

Whirlybird818

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SlackwareRobert

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r6-rider

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Sonora Rebel

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Jared

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like_the_roman

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1FASTC4

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Michigander

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Whirlybird818

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TOF

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SlackwareRobert

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Whirlybird818

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