Loaded handgun in car

with in reach of an occupant (this can mean a passenger) means if that person can readily reach the firearm with out having to move in a reasonable manner to get the gun.
concealed means to be hidden
case under the seat...with in easy reach and hidden
in front seat...with in easy reach but not hidden...coat over it ...concealed
locked in a glove box with an non-accessible key, out of reach and concealed
back seat..out of drivers (and passengers) out of reach... hidden by coat... concealed
and yes NC does not recognize between loaded and unloaded

J_Oliver said:

The last time I read that page it said otherwise. And I have personally known two people to be arrested and charged for having a concealed firearm. They were in the locked glovebox that was locked with the same key that was in the ignition. Inaccessible since they'd have to turn the car off and remove the key to open the glovebox, right? They thought so too. I'm not sure when this was updated, but if that's what it says, then I was wrong and will gladly retract my statement.
I appologize.

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were they convicted of the charges? if so, bad lawyer. i have seen lots of cases on this and they don't even consider charging anyone anymore

.40CLTlocal said:

I am curious how you keep it on your hip in the car? I tried yesterday and it was really awkward with the seat belt. I could maybe see doing it with bench seat in my old F-150. Plus it would be a really awkward draw if I needed to.

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i thought about this. i guess since i only drive p-ups that is the only way i carry :lol:

post note NEVER EVER CONSENT TO A SEARCH

They were both charged. This was close to 5 years ago. I don't know too many specifics as neither was willing to discuss it in too much detail. From my understanding they were both advised to just accept the charge in exchange for community service. Horrible lawyers by all means, but that doesn't change the fact that they were both charged for it.

I play it safe and keep it in the paddle holster plainly visible between the brake handle and passanger seat. I wasn't saying not to carry it. I was just saying to double check that its highly visible from the driver side window. I haven't checked on that site for opinions in many years, before it was revised and that's NOT what it said. I will make doubly sure to check my sources and cite them next time.

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.40CLTlocal said:

I am curious how you keep it on your hip in the car? I tried yesterday and it was really awkward with the seat belt. I could maybe see doing it with bench seat in my old F-150. Plus it would be a really awkward draw if I needed to.

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I think the type of holster you use makes a big difference in that too. My blackhawk serpa keeps it pretty close to my body and half the time I can't even feel it there. I also only spend maybe 2 days a month in a normal vehicle lol, the rest of the time I'm on my motorcycle, so maybe I just don't spend enough time in one for it to be uncomfortable for me. As to how easy it is to draw, it really isn't. But to be honest, it's just as quick as leaning over into the passenger seat to try to find your grip on it after it's slid around while driving, and then bringing it up into position to defend yourself. And you don't have to worry about it sliding out of the seat onto the floor "which a family friend of mine is STILL battling out in court, because this happened to him. The cop considered it concealed and he was arrested."

ArmySoldier22 said:

I think the type of holster you use makes a big difference in that too. My blackhawk serpa keeps it pretty close to my body and half the time I can't even feel it there. I also only spend maybe 2 days a month in a normal vehicle lol, the rest of the time I'm on my motorcycle, so maybe I just don't spend enough time in one for it to be uncomfortable for me. As to how easy it is to draw, it really isn't. But to be honest, it's just as quick as leaning over into the passenger seat to try to find your grip on it after it's slid around while driving, and then bringing it up into position to defend yourself. And you don't have to worry about it sliding out of the seat onto the floor "which a family friend of mine is STILL battling out in court, because this happened to him. The cop considered it concealed and he was arrested."

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Wish your friend the best, IMHO if the officer could see the gun it obviously was not concealed. I hope the jury uses that common sense approach.

So you are chastising CC for something that occurred 5 years ago and over second hand obtuse information ( “I don't know too many specifics as neither was willing to discuss it in too much detail.”) perhaps they didn't provide the complete set of details because they might have been guilty of other infractions and this presented the lessor avenue to keep them out of the trouble??

Now I am confused and perhaps BC was correct…
wabbit

ncwabbit said:

So you are chastising CC for something that occurred 5 years ago and over second hand obtuse information ( “I don't know too many specifics as neither was willing to discuss it in too much detail.”) perhaps they didn't provide the complete set of details because they might have been guilty of other infractions and this presented the lessor avenue to keep them out of the trouble??

Now I am confused and perhaps BC was correct…
wabbit

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I am confused too, who chastised CC?

sorry: my quote got deleted some how...

J_Oliver : Did you have anything constructive to add? By all means if you do then feel free. This is not the place to simply post whetever you feel like in an attempt to boost your post count.
I do believe you should learn to insult less and give constructive criticism more. You are not infallable and it would do you well to learn that.

wabbit

PS: my count is high enough...thanks for asking

I'm not against CC in any way. I have a CHP! Its not obtuse, second hand information, its from the horses mouth. Whether or not there were other charges involved is irrelevant and I will not apologize again. I don't freaking care how high your post count is as the comment wasn't directed towards you. It was directed towards the man whose only purpose for posting was to attempt to insult my intelligence, instead of correcting the issue. If this is what happens when someone makes an honest mistake, I don't wanna know what's gonna happen when someone royally f***s up...

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Does anyone know

if the handgun MUST be visible from ALL directions of approach to your vehicle, or just the driver's side? There are more and more police officers that approach from the passenger side, especially on the highways.

Example: If you were to tell an officer standing on the driver's side that you are wearing on your right hip and he moves to the passenger and can see it, obviously, it was not concealed. If he doesn't move to verify...are you concealing it?

No matter the manner that you wear, from some angle of approach, it is possible for the weapon to appear to be concealed. Where does our REALISTIC obligation to make the weapon visible end?

carolina guy said:

if the handgun MUST be visible from ALL directions of approach to your vehicle, or just the driver's side? There are more and more police officers that approach from the passenger side, especially on the highways.

Example: If you were to tell an officer standing on the driver's side that you are wearing on your right hip and he moves to the passenger and can see it, obviously, it was not concealed. If he doesn't move to verify...are you concealing it?

No matter the manner that you wear, from some angle of approach, it is possible for the weapon to appear to be concealed. Where does our REALISTIC obligation to make the weapon visible end?

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If they cannot see it, they may try to claim it is concealed. If you wear a cross draw and are right handed and driving they will not be able to see it from any angle. If you are a right handed passenger strong side the officer will not be able to see it. Even if the gun is on the side of the center console the seat belt covers it. I do not consider this concealed carry, but a police officer is the one you have to worry about. To save hassle and comfort I take my gun belt off and put it in plain sight. As a former LEO I can tell you if you do not have some protection on the seat, it will wear a hole in your seat. Our cars always had rips or holes worn from the gun rubbing the seat on a constant basis. Some people have holsters mounted in the vehicle, this is not a bad idea, I have thought about it.

carolina guy said:

if the handgun MUST be visible from ALL directions of approach to your vehicle, or just the driver's side? There are more and more police officers that approach from the passenger side, especially on the highways.

Example: If you were to tell an officer standing on the driver's side that you are wearing on your right hip and he moves to the passenger and can see it, obviously, it was not concealed. If he doesn't move to verify...are you concealing it?

No matter the manner that you wear, from some angle of approach, it is possible for the weapon to appear to be concealed. Where does our REALISTIC obligation to make the weapon visible end?

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This has been beaten into the ground on several earlier threads. Treat it like this: Your gun cannot be seen from every angle while walking around. Simply getting into your vehicle does not automatically change it from OC to CC. If YOU think it could be, then either move it to a more visible place, or tell the LEO you are OC and where it is. Personally, when OC, I tell on myself only if I have a LEO on each side; I want both of them to know the same things.

I have no doubt that this has been discussed before...quite a bit!

Has anyone requested that this type of discussion be compiled into a FAQ or a sticky? I would have found it already if it had been, although I have to admit to only reading threads, not searching since I am not sure what search term would get me a reasonable number of hits.

carolina guy said:

I would have found it already if it had been, although I have to admit to only reading threads, not searching since I am not sure what search term would get me a reasonable number of hits.

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The search feature on here sucks anyway lol.

As far as visibility goes, 180 degrees or "3 point sight". Depending on your vehicle, it can be kinda tough to get that much visibility on your firearm. But then again, you only need to have enough showing to tell it's a gun. On most firearms, seeing the hammer is enough, on weapons without a hammer, the back of the pistol grip is a pretty obvious giveaway.

To be honest, I fight with myself on whether or not to even mention that I'm open carrying to an LEO when stopped if I'm in a vehicle. They do have a stressful job, and never know what they're getting in to when they pull somebody over, that's understandable. But at the same time, if an officer comes to the window and mentions the firearm, he's just confirmed that it is being open carried because he SEEN it, and there's no argument against that.

i wait and see if the LEO is a Richard or not. most of the time you can tell by the look in their eyes.

if he/she is a decent person i am polite and courteous

if not i am cooperative. but non-consenting