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Old April 1, 2010, 04:42 PM   #1
Sixer
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Handgun in plain sight while driving?

Yesterday I was sitting in the drive-thru at Subway after the gym. As pulled up to window to get my $5 footlong I realized that my CCW was sitting in plain view, holstered, in the passenger seat. (Not a habit I usually practice, but I was in gym shorts and it just slipped my mind).

I grabbed it and put in the console before the young lady at the window noticed. But it got me thinking about the legality of having a handgun visible in your vehicle.

It probably varies from state to state, and admittedly, I should probably know the answer to this... but I don't.

If she would have seen the handgun and freaked out, or something along those lines, could I have been in any kind of hot water?
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Old April 1, 2010, 04:49 PM   #2
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I don't know about Missouri, but in Indiana you'd have done nothing illegal (we're an open-carry state).

Looking at opencarry.org, it looks as though you'd have been OK, but I'm not a lawyer, don't play one on TV, and didn't stay at a Holiday Inn Express last night.
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Old April 1, 2010, 04:57 PM   #3
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Whenever I'm driving, I wedge my CC in between the seats with the grips exposed should I need to draw it. It may be out of view as it is blocked by my thigh (to drive through attendants), but I don't worry about it. Perfectly legal in Michigan provided that you have a CPL (I do) because a gun is considered concealed when it is in a vehicle. Other than unloaded, in a case, separate from the ammunition if you don't have one.
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Old April 1, 2010, 04:58 PM   #4
aarondhgraham
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In OKlahoma,,,

Concealed carry really does mean concealed.

At least that's what my instructor told us in class.

Oklahoma is fairly strict on it's interpretation of concealed,,,
They are not at all forgiving of your gun "printing" through clothing.

But in the car it just has to be covered and it's legal.

I always have a loaded small revolver in my glove compartment,,,
According to my instructor and the Highway Patrolman,,,
Who stopped me for a busted tail light
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Old April 1, 2010, 05:19 PM   #5
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In PA, as long as you have a LTCF, you could hang your gun from your rearview mirror <---- (obviously exaggeration, but you get the point)
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Old April 1, 2010, 06:35 PM   #6
Daryl
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Here in Arizona you can open carry legally with no need of any permit. On the seat in plain sight is fine; in the glove box or console, in a holster, is fine without a permit, too.

You only need a CCW permit to conceal on your body, or in a vehicle if it's not in a holster. If our good governor signs it, you won't need a permit for those things, either. It's already been passed by everyone else at the state level government.

Even so, I'll keep a valid permit for when I go to other states. Colorado, New Mexico, and Texas accept Arizona's permit, as well as others.

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Old April 1, 2010, 09:28 PM   #7
JohnKSa
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In TX the gun must be concealed.
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Old April 1, 2010, 09:45 PM   #8
Bluesfan
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In Missouri no problem.
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Old April 1, 2010, 09:54 PM   #9
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I believe in OH it must be visible.
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Old April 1, 2010, 09:56 PM   #10
Brandy
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Living in WY & FL (snowbird) the contrast in attitudes is interesting. I have a FL CC permit (which is good in WY).

In FL open carry, unless hunting, is a big no-no, they want it out of sight.

In WY open carry is the norm and only gets a second glance from tourists. A CC permit is a pain to get and I think there is an underlying view that says "why do you want to hide it?"

BTW WY just passed a new law that gives reciprocity to ALL CC permits from any state.

Funny how DC and Chicago have more gun crime than any city in FL or WY......
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Old April 1, 2010, 09:57 PM   #11
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When going to and from the farm my ar sets on the dash for ease of use. Been pulled over several times without a problem. But i do live in a town of 10K people.
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Old April 1, 2010, 10:34 PM   #12
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No problem in Wy, as has been mentioned. Most of the Rocky Mt states are about the same as well.

This is about the minimum average gun pile in my truck, often there's more. Never get as second glance, getting the oil changed (I stand around and talk to them when they change the oil), drive throughs, whatever.

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Old April 2, 2010, 03:26 AM   #13
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Realistically speaking, the biggest problem would be the reaction of whomever sees the gun. Some people will freak out, some don't care; Others may be interested and want to know what you carry.
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Old April 2, 2010, 06:38 AM   #14
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Sixer, what you learned is that you don't know your own

state's laws. I would find outl
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Old April 2, 2010, 06:55 AM   #15
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No problems with it here...
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Old April 2, 2010, 07:24 AM   #16
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Here in Missouri it is legal to have an unconcealed gun in your vehicle. Various cities have different laws, but Missouri is an open carry state.

I've been stopped for having a tail light out on the farm truck (Dang thing keeps popping bulbs!) and if I happen to be open carrying or have a gun (pistol or rifle) in the truck the conversation usually turns to What is it, how does it shoot, where do you shoot it, ammo prices, etc... But then again, it is the local sherrifs that usually get me and we have a few deputies that hunt/shoot at our place.

I would check on the local laws and ordinances to make sure you are not in violation. Ask one of the local cops what the laws are or go here: http://www.handgunlaw.us/
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Old April 2, 2010, 07:37 AM   #17
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No problem in Virginia.

When I got pulled by a Ashland town cop a year or so ago, he never said a word about the XD-9 on the passenger seat.

Didn't give me a ticket either. Just told me my inspection sticker had expired and reminded me to get it done. Thanked me, and went on his way.
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Old April 2, 2010, 09:17 AM   #18
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The laws concerning that in Georgia have just recently changed. You are allowed to keep the gun anywhere in your vehicle open or concealed. Before the change, the gun either had to be in a glove compartment, center console, or in plain sight. That used to seem rather odd to me. I think the past reasoning was so a police officer could see it immediately if you were pulled over. And if it wasn't in plain sight, then it was out of your immediate reach. Our state legislature changed that 2 years ago.
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Old April 2, 2010, 10:32 AM   #19
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Fine in MN, also an open carry state
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Old April 2, 2010, 03:19 PM   #20
Sixer
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Quote:
Sixer, what you learned is that you don't know your ownstate's laws. I would find outl
Indeed, which is why I asked and will be double checking my city / state laws. Like I said in the OP, I SHOULD know this

I appreciate all the good info!
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Old April 2, 2010, 03:59 PM   #21
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Fine in Mississippi too, we have Castle Doctrine, that includes your vehicle. Also have open carry.
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Old April 2, 2010, 05:25 PM   #22
WH Bonney
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YOU GUYS ARE SO LUCKY. In CT, if the Subway girl was concerned and got your cars plate number, you violated the concealed carry permit. What's worse, if your jacket blew open from the wind you can lose your permit.....

But CT sucks in this respect: When you look it up in the lawbooks, the "law is silent" on this part of it, and the only thing that addresses it is the Dept. of Safety that says it can't be seen (and that's just a f-ing guideline). After consulting pretty much everyone, around here, it would depend on the police officer who responded to the "[color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color] with a gun sticking out" call. If he's in a bad mood, you'll never see a permit again. I rarely carry because of this (especially in the summer), even though I have a permit to carry.

Last edited by WH Bonney; April 2, 2010 at 05:26 PM. Reason: spelling error
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Old April 2, 2010, 05:30 PM   #23
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Quote:
But it got me thinking about the legality of having a handgun visible in your vehicle.
Actually a requirement in Alaska if you're under 21 and in possession of a handgun in the vehicle. Shoving it under the seat or in the glovebox, console etc. is considered concealed.
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Old April 2, 2010, 09:54 PM   #24
TenRing
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I think it really depends on how somebody reacts to the gun and how big of a deal they want to make out it. If somebody makes a frantic 911 call, you will be the subject of an investigation and you probably don't want that.
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Old April 2, 2010, 10:48 PM   #25
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www.handgunlaw.us
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