Another Vehicle Question

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i was wondering if its legal to carry a holstered gun on ur lap while driving or does it have to be in the glove box and all that stuff...can u keep it under your seat also?

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On the lap: Is a bit of a gray area, but I would go with yes. It's legal to OC.

Under the seat: Unless you have a CCW or it's in a case unloaded, NO! That would be considered a concealed weapon. IANAL ( I am not A Lawyer)

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sometimes i carry my gun in my lap by itself, or put it in the open spot under the radio. i dont think its illegal since its open and iv never read anything in the statutes mentioning it

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DO NOT put it under the seat! It can be in your lap... in the console or glove box. It can be on your person (openly). It can be on the seat... dash or anywhere visible within your control. Suggest you wear it.

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alright. thanks for clearin that up. cuz i was riding with my gun on my lap the other day and i was thinkin to myself "if i get pulled over, am i gonna get arrested for this?" haha. i would think that if a police officer came to the window of my car and seen a gun on my lap that he would freak or something.

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If you are pulled over... it is advised that you inform the Officer that you are armed. Then,,, ask how he /she wants you to proceed. Keep both hands on the steering wheel. Do not 'reach' for anything.... including your wallet for ID/License. Tell them where the weapon is located. Strongly advise you wear it. I carry at the 10 O'Clock on my left hip in that it will not interfere with the seat belt buckle and is opposite of my wallet in the right rear pocket. It is also somewhat observable in that position. (Door open)

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On your lap would be considered "plain view", in my opinion, unless it is under a magazine or towel or something. No different than if it were placed on the seat next to you.

On your lap holstered covers two bases: Plain view, and holstered.

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theres no law requiring that it be in a holster, whether on your person or in the car right?

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For a handgun... it could be construed as brandishing if 'in your lap'. Put the thing in the console or glove box.

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As long as the weapon is visible, it is legal. However, I don't advise carrying a weapon on your lap while driving as it is dangerous. You really shouldn't have anything on your lap. If you slam on the brakes, you now have a loaded gun on the floor on, near, or under your feet and now you are trying to retrieve your gun and drive at the same time. I believe in using common sense. Just as you shouldn't be shaving or doing your nails while driving, you shouldn't be fiddling with a firearm either. Setting the gun on the passenger seat is a bit safer but I still wouldn't advise it. If you don't have full control over your firearm, either put it away or unload it. As Sonora said, it is best to wear the gun while driving or put it in the glove box. A lot of things may be legal but dangerous. Enough said.

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Just keep it in a holster somewhere on your body. Let a LEO know if they pull you over that you have it. It goes well here in AZ.

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I keep my gun on my passenger seat out of my holster when driving alone. This leaves no work should I have to use it. If I'm with family/friends, it is HOLSTERED in the glove box. This is the only way it is legal to keep it in the glove box without a CCW.

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usdm419 wrote:

I keep my gun on my passenger seat out of my holster when driving alone. This leaves no work should I have to use it. If I'm with family/friends, it is HOLSTERED in the glove box. This is the only way it is legal to keep it in the glove box without a CCW.

Click to expand...

you are correct, which also answered my previous question


"F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster that is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons that 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."

"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"