Legality of this type of setup

fox689 · May 6, 2009

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I was wanting to setup something like this:

http://opencarry.mywowbb.com/forum62/23387.html

I was wondering what the legality of it is without a CCW. In my car the stereo is in the bottom slot with the placeholder/container in the top.

Bottom line: Is this considered in the open and would it stand up in a court of law here in KY?

(Also, is there any way to resize a picture display area without having to physically resize the picture in this forum?)

MgoBlue · May 6, 2009

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Illegal. If you do not have a CCDW permit, then you need to carry in either a locked trunk (unaccessible from the interior), in a glovebox (not center console), or truly open (e.g., on the front seat not covered by anything).

Reg

zer0cool · May 6, 2009

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MgoBlue wrote:

Illegal. If you do not have a CCDW permit, then you need to carry in either a locked trunk (unaccessible from the interior), in a glovebox (not center console), or truly open (e.g., on the front seat not covered by anything).

Reg

All I can say is +1. Could not have said it better myself. :dude:

fox689 · May 6, 2009

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Thanks. Just making sure. Going to set it up anyway for when I've got the permit. Didn't know if it would be ok seeing as it would be plainly visible from the window. More visible than if it were in the front passenger seat.

TheMrMitch · May 6, 2009

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I can't see anything wrong there. It's in view and NOT in a center console or door pocket out of sight. :question:

fox689 · May 6, 2009

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Thats what I was thinking. Every KY law I've read just says where it would be considered concealed. No mention of front of the dashboard.

mellio · May 6, 2009

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TheMrMitch wrote:

I can't see anything wrong there. It's in view and NOT in a center console or door pocket out of sight.

I agree. Anyone could walk up with no searching and see and identify it as a gun.

MgoBlue · May 6, 2009

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But remember . . . it's not whether or not it actually makes sense, but whether the letter of the law is being followed. That's why center console carry is a no-no.

Fox689 -- do what you want to do. I just know I wouldn't carry it in that slot without having a CCDW.

Statesman · May 6, 2009

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TheMrMitch wrote:

I can't see anything wrong there. It's in view and NOT in a center console or door pocket out of sight. :question:

It's partially concealed. I wouldn't take the chance.

Statesman · May 6, 2009

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MgoBlue wrote:

But remember . . . it's not whether or not it actually makes sense, but whether the letter of the law is being followed. That's why center console carry is a no-no.

See "The Death of Common Sense: How Law is Suffocating America" by Philip K Howard.

TheMrMitch · May 6, 2009

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*Vehicle carry and transportation: firearms (rifles, shotguns and handguns) may
be carried loaded and in plain view; loaded handguns maybecarried in the glove compartment (center console box carry is not allowed)

mellio · May 6, 2009

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Concealed center console carry is illegal. Unconcealed carry is legal anywhere in the car. In my opinion. This is a confusing area to some people. I think when some people read the law they confuse the part about the glovebox. In my opinion it is saying that the glovebox is the only place your gun can be concealed and not be illegal. If it's concealed in the center console or center glove compartment it is illegal. If it is sticking out of a center console that doesn't have a cover of any kind and is visable as a gun from all directions without any search what so ever, I can't see it considered illegal. But again this is just my personal opinion.

chris in va · May 6, 2009

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It's my understanding if the LEO can identify it as a gun, it's in the open.

zer0cool · May 7, 2009

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We can go back and forth all day about this. There are so many variables, his hands could be in the way while being on the steering wheel and blocking the view, if hes a larger individual his gut could be in the way. But just as CYA I wouldnt do it unless you have a CCDW. It seems too much of a risk when you could just lean over and drop it in the glove box. That way no "gray area", nothing up to interpretation, nothing to construe, just plain and simple in the glove box and legal. Just MHO

fox689 · May 7, 2009

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Well, I guess I'll start looking into case law about what has happened to people who've had it in the open but not in the front passenger seat or ON the dashboard. The way the law is read that has been quoted by TheMrMitch, I'd go with it being OK though.

But, I was raised to question the law as to whether it is applied with common sense. An officer could easily have been told only the 2nd part of it about glove box and told that is the only acceptable place in the cab of a vehicle.

BTW, what is the code number that goes with that nice little snippet?

zer0cool · May 7, 2009

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KRS 527.020 (Section 8)

Heres the address: http://www.lrc.ky.gov/krs/527-00/020.pdf

Exactly what you said is what I would be afraid of, the mindset of without a CCDW the only acceptable place is the glove box. Thats why I said just as CYA I'd just use the glove compartment.

hotrod · May 8, 2009

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I see nothing wrong with carrying your handgun that way. It's in the open, easily identifiable and should cause no problem. There is always a chance that someone could say it's concealed, but, that could happen laying on the seat. Nothing is absolutely safe and everything is prone to "feeling".

MgoBlue · May 8, 2009

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hotrod wrote:

There is always a chance that someone could say it's concealed, but, that could happen laying on the seat.

There have been cases where individuals were convicted of concealed carry when they had handguns on their front passenger seat -- but with something slightly covering part of the weapon. This is why I approach the matter very simply . . . if any portion of the gun is concealed, the entire gun is considered being concealed. For example, if I am carrying a gun in an IWB holster, but do not have a shirt or jacket covering the upper portion of the weapon, it is considered concealed carry.

kentuckyshiner85 · May 12, 2009

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look I have talked to many city cops and a few state boys. They all say the same thing the only place is in the glove dep. It dosen't have to be locked. The gun can be locked and cocked. so just don't do it.

KY_CCDW · May 13, 2009

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kentuckyshiner85 wrote:

look I have talked to many city cops and a few state boys. They all say the same thing the only place is in the glove dep. It dosen't have to be locked. The gun can be locked and cocked. so just don't do it.

+1

Of course, if you get your KY CCDW permit, you can have it just about anywhere!

Legality of this type of setup

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