Results 1 to 14 of 14

Thread: gun in car???

  1. #1
    Regular Member
    Join Date
    Oct 2009
    Location
    , ,
    Posts
    3

    Post imported post

    I recently moved to AZ from MN so im still trying to figure out some of the laws but i have a few questions about car carry.

    If im open carrying my pistol in a holster which is completely visible and is not covered by any means while im driving, is that ok? or do i have to secure my pistol in a compartment such as a glove box? Does it matter if my arm rest is blocking the view of my holstered pistol from the passenger side of the car?

    The statue says "if your gun is readily accessible for immediate use, the means of conveyance must clearly communicate youre armed", so to me it sounds like as long as nothing is covering up your gun when you are in a car then its ok?

    Thanks for the help, any experiences with open carry in car or tips would be greatly appreciated!!!

  2. #2
    Regular Member AZkopper's Avatar
    Join Date
    Jun 2008
    Location
    Prescott, Arizona, USA
    Posts
    673

    Post imported post

    By statute, a gun must be in a holster, map pocket, center console, glove box, or plainly visible (on the seat, etc). The statute makes no difference between holstered on person, or holstered elsewhere.

    Unfortunately, the case AZ vs. Adams muddied the water a few years ago, and the court decided that a holstered weapon on a person, which otherwise would be 'open carry', is concealed in the context of being seated in a vehicle (basically concealed by the vehicle).

    It is bad case law, and the legislature has been trying to address it to make the law as written specifically void Adams. Unfortunately, our budget fiasco precluded a lot of good legistation this last session.

    In the current environment, to be 100% safe and legal, the firearm must be plainly visible (on the seat, etc), or in a holster anywhere but on you, or in a glove box, map pocket, center console box. Or you must have a CWP.

    I don't know how many police, sheriffs, or DPS officers actually know case law, or will charge on chase law, as opposed to just reading the statute and applying the law as it was meant to be. You could be taking a crapshoot with your freedom.

    Hope this helps.

  3. #3
    Regular Member Sonora Rebel's Avatar
    Join Date
    Aug 2008
    Location
    Gone
    Posts
    3,958

    Post imported post

    I OC'd like... 'forever' when driving w/o a CWP w/o a problem. Not to say there might'a been... but many LEO's observed me entering and exiting the vehicle 'heeled' w/o a blink. Finally got a CWP tho... just in case.

  4. #4
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443

    Post imported post

    If you have any doubt just get an extra holster to keep in your vehicle. when driving around place your pistol in the holster and it can be placed anywhere in the vehicle you wish except on you.
    If you woke up breathing, congratulations! You get another chance.

  5. #5
    Regular Member Grimes's Avatar
    Join Date
    Sep 2009
    Location
    Phoenix, AZ
    Posts
    132

    Post imported post

    i think this info on the car carry case law should be added to the state thing on the forum because it says that open carry it ok in the car.
    ΜΟΛΩΝ ΛΑΒΕ

  6. #6
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443

    Post imported post

    I have open carried in Arizona off and on for 50+ years without a problem. The law as written allows it.

    As I indicated earlier, if you remain concerned regardingthe law allowing you to have it on your side then simply place it in a seperate holster and put it wherever you wish within the vehicle.

    You might try reading the laws yourself. We are not lawyers but aretrying to help you the best we can.

    http://www.azleg.state.az.us/Arizona...s.asp?Title=13

    Check out Chapter 31.
    If you woke up breathing, congratulations! You get another chance.

  7. #7
    Regular Member
    Join Date
    Mar 2010
    Location
    Mesa, Arizona, USA
    Posts
    96

    Post imported post

    I thought i was perfectly fine OC'ing in my car. I think i'll invest in a spare holster for drive time just in case. :?

  8. #8
    Regular Member
    Join Date
    Dec 2009
    Location
    , ,
    Posts
    24

    Post imported post

    I OC in my truck all the time and I have a "script" ready just In case I ever get pulled over. . . "Officer, it is my duty to inform you that I have a gun on my hip. How do you want to proceed?" and then what ever the LEO tells me to do I will comply promptly and respectfully. This is an issue that has come up a few times on this forum and the general consensus is you let it knownyour carrying so both you and the LEO feel safe and in many cases the LEO appreciates the honesty and doesn't have a problem.

  9. #9
    Regular Member me812's Avatar
    Join Date
    Mar 2008
    Location
    federally occupied Arizona
    Posts
    216

    Post imported post

    Thanks for the help, any experiences with open carry in car or tips would be greatly appreciated!!!

    This from Wikipedia:

    The law regarding the carrying of firearms in motor vehicles by non-permit holders is complex and has been further muddled by court decisions. However, it is clear that no permit is required to carry a firearm in a vehicle if the firearm is in plain view or locked in a trunk or other place not immediately accessible. "Plain view" means that the firearm would be discernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle.
    When you get in your car, take the gun off and put it somewhere in plain view.

  10. #10
    Regular Member azcdlfred's Avatar
    Join Date
    Dec 2006
    Location
    Tucson, Arizona, USA
    Posts
    907

    Post imported post

    pilotcranny wrote:
    I recently moved to AZ from MN so im still trying to figure out some of the laws but i have a few questions about car carry. If im open carrying my pistol in a holster which is completely visible and is not covered by any means while im driving, is that ok? or do i have to secure my pistol in a compartment such as a glove box? Does it matter if my arm rest is blocking the view of my holstered pistol from the passenger side of the car? The statue says "if your gun is readily accessible for immediate use, the means of conveyance must clearly communicate youre armed", so to me it sounds like as long as nothing is covering up your gun when you are in a car then its ok? Thanks for the help, any experiences with open carry in car or tips would be greatly appreciated!!!
    Sorry for jumping into this so late. In 1994, two Appellate court decisions (State v Adams and State v Moerman) clouded the meaning of open carry and vehicle carry.

    For open carry, State v Adams says that your pistol must be obvious under "ordinary observation." If your gun is visible on your right side and a cop approached you from your left side and does not see your pistol, from his perspective you are carrying concealed, and without a permit you are subject to arrest.

    For vehicle carry, State v Moerman said that your pistol must be not be hidden from "ordinary observation" OUTSIDE the vehicle. The exceptions are a holstered gun in the glove compartment, storage compartment, trunk or "map pocket" (recently added and undefined). Wearing a gun is a vehicle = concealed carry. Possessing a CCW permit and wearing your pistol puts your passengers at risk of arrest if the cop determines they can access it. This HAS happened. When I took my CCW Instructors training from DPS, they talked about a case where a DPS officer pulled over a small sportscar with a gun tucked between the seats. The gun belonged to the driver who had a CCW permit. The officer arrested the passenger for CCW without a permit.

    The only way to ensure you are not breaking the law is to have a permit. However, AzCDLhas been pushing for Constitutional Carry for years. This year we have two identical bills in the House and Senate that remove the prohibition and penalties for law-abiding adults to carry concealed without a permit. The Senate version is being heard in committee tomorrow (3/8). Please GO HERE to send a letter to the committee members.

    The best way to supportrestoring RKBA in Arizonais to join AzCDL.

    Fred


  11. #11
    Regular Member azcdlfred's Avatar
    Join Date
    Dec 2006
    Location
    Tucson, Arizona, USA
    Posts
    907

    Post imported post

    duplicate post - please ignore - the message posting feature hiccuped on me and posted a bunch of copies of the same message.

  12. #12
    Regular Member azcdlfred's Avatar
    Join Date
    Dec 2006
    Location
    Tucson, Arizona, USA
    Posts
    907

    Post imported post

    Duplicate post - ignore

  13. #13
    Regular Member azcdlfred's Avatar
    Join Date
    Dec 2006
    Location
    Tucson, Arizona, USA
    Posts
    907

    Post imported post

    duplicate post - ignore

  14. #14
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443

    Post imported post

    Did you have a cup of Starbucks coffee this morning Fred??







    If you woke up breathing, congratulations! You get another chance.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •