Holster=secured container?????

[DrMark]

I have seen many people on here say that a holster on the hip counts as a secured container. Is this the case even though the seat belt is covering up both the gun and holster?? This makes sense to me but I would like to get some other view points on this. I feel that any decent lawyer would be able to beat a consealed weapons charge if the person charged was OCing with the gun in the holster while on the hip in a car.....Your Thoughts?

http://forum.opencarry.org/forums/s...thout-a-CHP-(Concealed-Handgun-Permit)-STICKY

 

[peter nap]

http://forum.opencarry.org/forums/showthread.php?98912-Open-Carrying-in-Vehicle-without-a-CHP-(Concealed-Handgun-Permit)-STICKY

I'll be darned. They did make it a sticky:lol:

 

[user]

First question under 18.2-308 is whether the gun is "hidden from common observation". That which is in a holster that is not covered by clothing or otherwise hidden is not "concealed". If the gun is "concealed", then it has to be (1) in a container; and (2) "secured". Peter Nap correctly identified the location of my memo on the definition of the word, "secured". But I can't see any General District Court in Virginia holding that a holster is a "container". So I think the answer to the original question is, "no": a holster on the hip is not a secured container. Just my legal opinion, not a legally authoritative conclusion, and it's possible someone could skate through a trial on that argument. I wouldn't risk it, myself.