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Thread: Open Carry In Car

  1. #1
    Regular Member Grimes's Avatar
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    Sep 2009
    Phoenix, AZ

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    Asked RJ about this and he is not 100% sure. whats the legality of open carry in condition 1 while driving or being a passenger in a car.

  2. #2
    Regular Member TOF's Avatar
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    Nov 2008
    Happy Jack, Arizona, USA

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    If it is in a holster it can be anywhere in the car.

    Peruse info at the following site.
    If you woke up breathing, congratulations! You get another chance.

  3. #3
    Regular Member
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    Dec 2007
    az, ,

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    what condition its in makes no difference, AZ recognizes all weapons as just that so loaded or unloaded doesnt matter. personally i always keep a round in the chamber.

    driving, again doesnt matter. the ONLY thing that came to be even a slight problem was the seat belt covering the pistol. which would depend on the cop, most probly wouldnt care. just dont act nervous or jumpy. last time i got pulled over i just unbuckled and to my surprise the cop asked me if i was carrying so i told him yes and he asked where, i told him on my hip (where he obviously couldnt see since my cars so low) he pretty much just said ok, drive slower and have a good day.

    cops down here are cool as long as you arent out to kill them theyll usually be reasonable and fair (i havent met a bad one yet) when i first started carrying i just kept telling myself "no body cares so i shouldnt" and eventually it becomes second nature like having your cell phone.

    oh yea also, if ever you dont want to OC but dont want to drive home to secure your weapon you can just leave it in the holster and put it in the glove box or center console. but do not put it under the seat because that would technically be considered concealed

  4. #4
    Regular Member AZkopper's Avatar
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    Jun 2008
    Prescott, Arizona, USA

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    While by statute you can open carry holstered in a car, the case Arizona v Adams has muddied the waters.

    As decided, a weapon in a car, on a person, can be considered concealed. It was bad case law, and several bills have been offered to rectify the problem.

    So, yes, the law as written says in a holster in a vehicle is legal--with no caveat about whether the holster cannot be on a person or not. Case law has said 'no' to the hypothetical caveat with out a CWP.

    Hopefully next year the legislators will fix it.

    Take your chances....does the cop who stops you know case law, does he ignore the case law, or does he just go by statute?

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