• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Open Carry In Car

Grimes

Regular Member
Joined
Sep 14, 2009
Messages
132
Location
Phoenix, AZ
imported post

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.
 

r6-rider

Regular Member
Joined
Dec 17, 2007
Messages
684
Location
az, ,
imported post

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
 

AZkopper

Regular Member
Joined
Jun 19, 2008
Messages
675
Location
Prescott, Arizona, USA
imported post

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?
 
Top