imported post
MeanGreenZ71 wrote:
If I go through a license check while open carrying, do I have to inform the officer verbally? Would it be bad to set the holstered firearm up on the dash in site of the officer? What is the correct way to go about this? I was thinking about this on my way home today and I couldnt come up with an exact answer.
Legally, you are not require to inform anyone of an openly carried handgun at any time. The problem we run into is that there is no true law defining open carry in a vehicle. Most agree that if the handgun is on the dashboard or in the passenger seat then it is obviously in plain sight. Some agree that sitting in a vehicle is tantamount to sitting in a restaurant booth or on a park bench. If this is the case, then an openly carried handgun does not then become concealed simply because the firearm isn't as noticeable from the seated position. Obviously the expected issue with the latter opinion is that for all practical purposes, an approaching law enforcement officer would not be able to see the firearm, whether it was intentionally concealed or not.
The bottom line, unfortunately, is that the answer to your question has not yet been determined. Anyone that tells you otherwise is lying. Until a law is written to answer the question, or a court case or official statement clarifies the situation, we wont know. It is up to the individual, and the lawenforcement officer,to make their own decisions regarding the matter.
To reiterate, the only person legally required to inform an officer of a firearm in their possession is a law-abiding citizen, who isholding a valid concealed handgun permit, and whois alsoarmed with a concealed handgun at the time. No one else is required by law to inform. Whether you inform in any other situation is up to you.
My opinion: If I was approaching an (arguably illegal) license/sobriety checkpointand I had plenty of warning, I would place the handgun on the dashboard or passenger seat BEFORE I was in view of any officers. If for some reason I came upon a checkpoint without warning, I would keep my mouth shut and move through the checkpoint as quickly and quietly as possible. Since I wouldn't have a concealed permit AND a concealed handgunon me at the time, I wouldn't be breaking any laws. If for some terribly odd reason I was going to have to exit the vehicle, I would mention at that point that I was LEGALLY ARMED with an UNCONCEALED weapon. That's going to be a sticky situation at that point, but if I'm being asked to exit the vehicle, it's probably my own fault anyway.
By far your best solution to this problem is to avoid any unnecessary contact with law enforcement all together.
