When Transporting Your Firearm

[allingeneral]

Carrying in a holster on your side while driving is fine.

that is of course if you have a permit. if you do not have a permit and open carry this is not the case

That is incorrect.

A firearm that is in a holster on your side would be fine in a car. It is still being carried openly.

If it can be seen by an LEO looking in from the driver or passenger window, then it's open. If it's on your right hip out of sight from an LEO, then I would definitely consider that concealed and if you don't have a CHP at that point, be ready to visit the klink.

If you don't have a CHP, it would be in your best interest to unholster it and place it where it can be seen from any angle of approach to your vehicle.

[cwats04]

if it is on your right hip then 9.9 times out of 10 your seatbelt will be covering most of it, if not all of it up thus its no longer open

If it can be seen by an LEO looking in from the driver or passenger window, then it's open. If it's on your right hip out of sight from an LEO, then I would definitely consider that concealed and if you don't have a CHP at that point, be ready to visit the klink.

If you don't have a CHP, it would be in your best interest to unholster it and place it where it can be seen from any angle of approach to your vehicle.

This is the EXACT opinion of 3 state patrol officers, 2 blacksburg police officers, and 1 montgomery county sherrif that i asked about this exact situation. i would almost put my money on this being the opinion of the Superintendent of the state patrol as well

im personally not going to take the risk. ill just wait tell i get my liscence to remain holstered in the car

[ProShooter]

I could also rattle off various current or former LEO's (including myself) who would beg to differ.

The point is that when you are seated in the car, you have done nothing to alter the manner in which you yourself are carrying the firearm. Its no different than being seated in a restaurant booth facing the wall. Your physical position is a temporary condition. Using your theory, the only way to make sure that it is visible 24/7 from every direction would be to wear it atop your head.

If you are seated normally in a car and the gun is in a holster that was openly carried before you got into the car, you havent done anything to change the holster's position - the gun is still openly carried.

[allingeneral]

I could also rattle off various current or former LEO's (including myself) who would beg to differ.

The point is that when you are seated in the car, you have done nothing to alter the manner in which you yourself are carrying the firearm.

How is this any different than open carrying and your shirt comes untucked and covers your piece? It's definitely concealed at that point. The law states "a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature".

So this indicates that even if it is observable, but disguised, it's concealed. Certainly, anything beyond that (sitting in your car, obscuring it from view or shirt tail covering it) would be considered concealed.

You may let someone go on that, but many LEOs would hammer someone without a CHP for carrying on their hip, not in plain sight while seated in their vehicle.

IMHO, this is a case of "Better to be safe than sorry" and keep your firearm out in the open at all times unless you have a CHP.

[ProShooter]

I could also rattle off various current or former LEO's (including myself) who would beg to differ.

The point is that when you are seated in the car, you have done nothing to alter the manner in which you yourself are carrying the firearm.

How is this any different than open carrying and your shirt comes untucked and covers your piece? It's definitely concealed at that point. The law states "a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature".

So this indicates that even if it is observable, but disguised, it's concealed. Certainly, anything beyond that (sitting in your car, obscuring it from view or shirt tail covering it) would be considered concealed.

You may let someone go on that, but many LEOs would hammer someone without a CHP for carrying on their hip, not in plain sight while seated in their vehicle.

IMHO, this is a case of "Better to be safe than sorry" and keep your firearm out in the open at all times unless you have a CHP.

An untucked shirt that covers the gun would be concealed, sitting in the car or a restaurant booth does not conceal it.

The definition you cited is a lesser used definition that is directed more towards things like canes or walking sticks that have swords inside them, or Kubaton key chains that unscrew with a knife blade contained.

Generally people use the definition "hidden from common observation". What it boils down to is, have you done something with the intent or result of hiding the gun from common observation? Putting the gun in a bag is concealed. Having it on your side where a shirt or jacket covers it is concealed. Sitting in a nomal seated position has not changed the manner in which you yourself are carrying the gun. If I carry in a strong side holster and turn my body sideways, have I concealed the gun? No. Its just in a postion where you, by virtue of where you are standing may or may not be able to see it. If I lay it on the seat next to me and I'm driving a jacked up pick up truck and the officer stands there and can barely see the driver, is the gun concealed? No.

[Moccasin]

Either we've been down this road in another thread or I can see into the future and should be buying lottery tickets.

If I had no CHL then I would think, regardless of the legal technicalities, that it would be in my best interest to have any loaded firearm in my vehicle either lying in the seat or on the dashboard. There could be no question that I was not trying to conceal the weapon. Assume that that I get stopped for a burnt out headlight, the officer has had a bad day; or is just a dick; or it's a small county and the officer knows me and just doesn't like me; or any of a hundred other possibilities; what's to stop me from getting arrested, even if the charge wouldn't stand, and hauled to jail should the officer find that I have what he could call a concealed weapon?

[allingeneral]

I could also rattle off various current or former LEO's (including myself) who would beg to differ.

The point is that when you are seated in the car, you have done nothing to alter the manner in which you yourself are carrying the firearm.

How is this any different than open carrying and your shirt comes untucked and covers your piece? It's definitely concealed at that point. The law states "a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature".

So this indicates that even if it is observable, but disguised, it's concealed. Certainly, anything beyond that (sitting in your car, obscuring it from view or shirt tail covering it) would be considered concealed.

You may let someone go on that, but many LEOs would hammer someone without a CHP for carrying on their hip, not in plain sight while seated in their vehicle.

IMHO, this is a case of "Better to be safe than sorry" and keep your firearm out in the open at all times unless you have a CHP.

An untucked shirt that covers the gun would be concealed, sitting in the car or a restaurant booth does not conceal it.

The definition you cited is a lesser used definition that is directed more towards things like canes or walking sticks that have swords inside them, or Kubaton key chains that unscrew with a knife blade contained.

Generally people use the definition "hidden from common observation". What it boils down to is, have you done something with the intent or result of hiding the gun from common observation? Putting the gun in a bag is concealed. Having it on your side where a shirt or jacket covers it is concealed. Sitting in a nomal seated position has not changed the manner in which you yourself are carrying the gun. If I carry in a strong side holster and turn my body sideways, have I concealed the gun? No. Its just in a postion where you, by virtue of where you are standing may or may not be able to see it. If I lay it on the seat next to me and I'm driving a jacked up pick up truck and the officer stands there and can barely see the driver, is the gun concealed? No.

I definitely see your point. Unfortunately, although you may beat the charge in court if an LEO hauls you in for remaining seated and holstered (Not concealed by law, but concealed by LEO interpretation), you'll definitely be on the losing end since you get to spend the night in jail, pay lawyers, miss work, etc.

I'm not necessarily saying that you're wrong, but I am saying that one without a CHP is better off to err on the side of caution with regard to keeping their firearm visible at all times, especially in a traffic stop situation...and I personally believe that's the message that should be passed on to new gun owners regarding the requirements of open carry and getting in their vehicle.

[WRW]

FWIW, I was told, years ago, that the best way to avoid confusion was to place the holstered gun on the dashboard where it would be visible from any angle of approach.

[herohog]

FWIW, I was told, years ago, that the best way to avoid confusion was to place the holstered gun on the dashboard where it would be visible from any angle of approach.

Wile legal in VA, I do NOT advise this. It will slide all over the place and will upset the public AND police. In VA, it IS legal on the front seat. If you have a CHP, then you can conceal it.

[wbtrunx]

FWIW, I was told, years ago, that the best way to avoid confusion was to place the holstered gun on the dashboard where it would be visible from any angle of approach.

I would say leave it visible in your back seat if you can't conceal legally.
If it's on the dash, it's easy reach, and a cop is already going to be on guard just that you have one.

[WRW]

I would say leave it visible in your back seat if you can't conceal legally.
If it's on the dash, it's easy reach, and a cop is already going to be on guard just that you have one.

Yes, it is open carry.

[WRW]

FWIW, I was told, years ago, that the best way to avoid confusion was to place the holstered gun on the dashboard where it would be visible from any angle of approach.

Wile legal in VA, I do NOT advise this. It will slide all over the place and will upset the public AND police. In VA, it IS legal on the front seat. If you have a CHP, then you can conceal it.

I said it was a long time ago...back when cars had dashboards that were big enough for the task. Some trucks still do.

Upset public and police? It's open carry. If you have a concealed weapons permit, use it. If not, render it harmless or make it visible.

[herohog]

Upset public and police? It's open carry.

I prefer not to create reasons for the police to stop and hassle me. Dash carry is asking for trouble. If you don't have a permit, put it on the seat where you can go on about your life in peace. If you just must press your luck, put it on the dash. It is legal but there is a price attached to that and I, and the police, will advise you against it.

[mongo]

I was told by a state trooper that the guns could be in a case as long as the ammo/loaded magazines are separate from the guns. When I called the state police, I was told that the ammo/loaded magazines had to be separate and the guns needed to be in a locked in a case. I always carry my guns in my case and my mags are in my truck box.

[SgtBill]

That is incorrect.

A firearm that is in a holster on your side would be fine in a car. It is still being carried openly.

That is incorrect.
If it is covered by a shirt or a coat it is now concealed. Holster or no holster if you don't have a concealed carry permit you could be in trouble.
Bill

[An8jrfan]

The way i was explained it seems to be simple. If you do not have a permit it must in plain visible sight or it can be concealed but must not be readily accessible. So sitting it on your front seat is fine because it is visible. Or if you dont want it in sight of everyone put it in a case and put the case somewhere ex. trunk, truck toolbox that is out of your and any passengers reach. Also depending on the county your in it may or may not need to be unloaded. For example i hunt in a county where it is legal to transport a loaded firearm but when the road cuts through another county where its illegal i have to reach over to the passenger seat and rack out the shotgun and drop the mag from the rifle. never had any problem with either sitting on the passenger seat or in the back seat.

[mongo]

When I go somewhere with my guns, I just put them in my case unloaded on the back seat(Crewcab) with the ammo in my truck box.

[cwats04]

When I go somewhere with my guns, I just put them in my case unloaded on the back seat(Crewcab) with the ammo in my truck box.

UNLESS the case is CLEAR and/or Clearly labels it as a Firearm and/or is LOCKED this is a bad idea. there was a thread on here a while back with someone getting in real trouble over this ill try to find it

IIRC the poster ended up losing his gun after all was said an done.
it can not be within reach of any passenger in the car without a CHP and in the backseat can still be considered within reach of the driver if the vehicle is stoped.

[cwats04]

Found it but the edit function seems to have run away (i wonder if it is like that hidden link from the knife give away that i never could find) so ill put it here

http://vagunforum.net/virginia-laws/con ... 46-40.html

take a look at that to see why it might not be a good idea to have it in a case in the passenger compartment

[gangsta]

growing up in jersey, they'd carry them under car hood. i herad about it memphis but never saw it there.