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Clarification of OC while in a car..

peter nap

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leg holster. Sorry it took so long, had to clean the truck.:shock:

na copyright again
 

AbNo

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AbNo wrote:
Jon34511 wrote:
I see the law is unclear and I'd rather not be detained, arrested, and involved in a very expensive lawsuit over something simple. I guess I can wait until I get my CHP just to be on the safe side.
A cheap nylon strap with a buckle can do wonders.
peter nap wrote:
leg holster. Sorry it took so long, had to clean the truck.:shock:

I didn't clean my Jeep. :-D
 

ProShooter

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TFred wrote:
SouthernBoy wrote:
Thanks.

We could carry examples to the nth degree. Suppose you're waiting in line at a restaurant and your strong side is facing a wall in a semi-dark area. Is that concealed? In the context of not being visible (like maybe a hand or such), yes. Is it deliberate? Certainly. You are in the restaurant for dinner. But in the context of OC'ing a firearm, no. That would be ridiculous. If it was a violation, then anytime you turned and obstructed your gun's visibility, you'd be breaking the law.
If you take this to its logical conclusion, then any time you were in a room with people standing on both sides of you, you would be "concealing" it from one of them.

TFred
hehe...that is what I call "the gun on the head" theory. :)
 

peter nap

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AbNo wrote:
wrote:
Jon34511 wrote:
I see the law is unclear and I'd rather not be detained, arrested, and involved in a very expensive lawsuit over something simple. I guess I can wait until I get my CHP just to be on the safe side.
A cheap nylon strap with a buckle can do wonders.
peter nap wrote:
leg holster. Sorry it took so long, had to clean the truck.:shock:

I didn't clean my Jeep. :-D
I tried to take one without cleaning it up, but I couldn't see my gun:uhoh:
 

SouthernBoy

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TFred wrote:
SouthernBoy wrote:
Thanks.

We could carry examples to the nth degree. Suppose you're waiting in line at a restaurant and your strong side is facing a wall in a semi-dark area. Is that concealed? In the context of not being visible (like maybe a hand or such), yes. Is it deliberate? Certainly. You are in the restaurant for dinner. But in the context of OC'ing a firearm, no. That would be ridiculous. If it was a violation, then anytime you turned and obstructed your gun's visibility, you'd be breaking the law.
If you take this to its logical conclusion, then any time you were in a room with people standing on both sides of you, you would be "concealing" it from one of them.

TFred
Yep. Get's kinda crazy, doesn't it.
 

Grapeshot

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Jon34511 wrote:
I see the law is unclear and I'd rather not be detained, arrested, and involved in a very expensive lawsuit over something simple. I guess I can wait until I get my CHP just to be on the safe side.
What is very clear is that there is NO law making OC illegal therefore is is legal.
There is NO legitimate charge/statute violation for OCing.


Concealed is hidden from common observation" or "disguising the true nature of the firearm." http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

You will notice that the reference doesn't guarantee that others can or will see it - that is a function or where they are and where they are looking - not where you are or what can be seen of you.

Yata hey
 

ClumsyCandy

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I take my belt off, hang it over the head rest, then strap my holstered weapon to it on long car rides. If I'm a passenger I put it in the floor board and if we get pulled over/traffic stop whatever then I put it back on.

And they only have 45 days, some cities will send you a notice to come pick it up at the clerk's office, some localities actually mail it to you.
 

Jon34511

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ClumsyCandy wrote:
I take my belt off, hang it over the head rest, then strap my holstered weapon to it on long car rides. If I'm a passenger I put it in the floor board and if we get pulled over/traffic stop whatever then I put it back on.

And they only have 45 days, some cities will send you a notice to come pick it up at the clerk's office, some localities actually mail it to you.
Does anyone from VB remember if they sent the permit to you or if you had to go pick it up? I'd much prefer they just send it to me, since I work 7 days a week 9-6pm. :(
 

roscoe13

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Grapeshot wrote:
Jon34511 wrote:
I see the law is unclear and I'd rather not be detained, arrested, and involved in a very expensive lawsuit over something simple. I guess I can wait until I get my CHP just to be on the safe side.
What is very clear is that there is NO law making OC illegal therefore is is legal.
There is NO legitimate charge/statute violation for OCing.


Concealed is hidden from common observation" or "disguising the true nature of the firearm." http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

You will notice that the reference doesn't guarantee that others can or will see it - that is a function or where they are and where they are looking - not where you are or what can be seen of you.

Yata hey
However, if you're, to use the previous example, sitting in a restaurant booth strong-side to the wall, the gun could easily be interpreted as hidden from common observation, as, at that point, no one can see it regardless of where they are or where they're looking. Once again, you might prevail in court, but it would be expensive.
 

Grapeshot

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roscoe13 wrote:
Grapeshot wrote:
Jon34511 wrote:
I see the law is unclear and I'd rather not be detained, arrested, and involved in a very expensive lawsuit over something simple. I guess I can wait until I get my CHP just to be on the safe side.
What is very clear is that there is NO law making OC illegal therefore is is legal.
There is NO legitimate charge/statute violation for OCing.


Concealed is hidden from common observation" or "disguising the true nature of the firearm." http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

You will notice that the reference doesn't guarantee that others can or will see it - that is a function or where they are and where they are looking - not where you are or what can be seen of you.

Yata hey
However, if you're, to use the previous example, sitting in a restaurant booth strong-side to the wall, the gun could easily be interpreted as hidden from common observation, as, at that point, no one can see it regardless of where they are or where they're looking. Once again, you might prevail in court, but it would be expensive.
You can be charged with anything and might have to spend money defending yourself. That said, most simple OC issues do NOT go to court - especially if OC was the only concern.

How is your example of sitting in a restaurant booth any different from my being on the other side of a wall in another room?

If I am in a bathroom stall, am I concealing my gun?

If there is no one in the woods to see me OCing, I am still OCing........whether I am behind a tree or in a tree stand.

Yata hey
 

AbNo

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roscoe13 wrote:
Grapeshot wrote:
Jon34511 wrote:
I see the law is unclear and I'd rather not be detained, arrested, and involved in a very expensive lawsuit over something simple. I guess I can wait until I get my CHP just to be on the safe side.
What is very clear is that there is NO law making OC illegal therefore is is legal.
There is NO legitimate charge/statute violation for OCing.


Concealed is hidden from common observation" or "disguising the true nature of the firearm." http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

You will notice that the reference doesn't guarantee that others can or will see it - that is a function or where they are and where they are looking - not where you are or what can be seen of you.

Yata hey
However, if you're, to use the previous example, sitting in a restaurant booth strong-side to the wall, the gun could easily be interpreted as hidden from common observation, as, at that point, no one can see it regardless of where they are or where they're looking. Once again, you might prevail in court, but it would be expensive.
If there's someone sitting between you and the wall, could they see it?

 

GQflyboy

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Grapeshot wrote:
AbNo wrote:
If there's someone sitting between you and the wall, could they see it?

Where is PETA when you need them? :p

           Yata hey

they have a huge building in Down town Norfolk.

My Walther sits real nice on the dash. No need to worry, it doesn't get any more OC than that.
 
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