imported post
KPatrick wrote:
I have another OC-Vehicle Question:
What would you do if you were a backseat-passenger (or front-seat, I guess) to make the arm "clearly visible?"
Now, a second bit: what if the driver is uncomfortable with OC, and you can't really ask him/her to put it next to him/her?
I've found that there are many circumstances in which OC is just not possible, safe, or practical. As the law stands today, a permit is required to conceal a handgun in WV; so I have a permit for those cases where OC is difficult to the point where it is either dangerous, impossible, or impractical.
Now before someone goes on thinking that I'm saying that OC in and of itself is unsafe or dangerous, I'll clarify. It may be OC and perfectly legal if I put that gun on my lap or on the seat beside me, or just openly carry it in my hand :what: but it would be unsafe because cars can exert great forces upon the objects therein. You wouldn't put a full cup of coffee on your seat while you're driving, would you? No, you'd put it in the cup holder unless you want that coffee splattered all over your car. (I also don't mean to say that a cup holder is necessarily sufficient to secure a loaded firearm.)
The danger isn't just that the gun could fire, though it's a possibility, but that the gun itself could become a lethal projectile. Imagine that it's sitting on the back seat (or worse, up on the ledge behind the back seat) and the car suddenly strikes an object causing rapid deceleration, or the driver just slams on the brakes; the gun doesn't decelerate and continues moving at the vehicle's previous speed, striking anything and anyone in its path. It doesn't matter if it's a gun, a can of soup, or a baseball, it's going to do some damage to whatever it hits, depending on how fast the car was going before it rapidly decelerated.
As for open carry in the hand, well that could send mixed signals.
I suggest that you either drive yourself wherever you go and have a proper rig to openly secure your firearm, or get a concealed handgun permit, or get a job that excepts you from §61-7-3. Otherwise you're going to have a damn hard time trying to OC in the back seat of someone's car.
Unloading it and putting it in the trunk isn't even an option unless you meet one of the criteria in §61-7-6. Exceptions as to prohibitions against carrying concealed deadly weapons.
One last thought... I've heard it argued that some object unattached to your person that is obstructing the view of your firearm doesn't mean you have concealed it. An example being if you are OC'ing and sit down in a booth at a restaurant with your strong side toward a wall. We do it all the time here in Virginia where CC is banned in alcohol-serving restaurants. I just don't know if that same argument would hold up in the case of a vehicle.
