Would this be concealed or open?
CSballer89
November 11, 2011, 10:05 PM
http://www.gumcreekcustoms.com/Universal-Vehicle-Handgun-Holster-Mount-p5.html
Thoughts?
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Psa1m144
November 11, 2011, 10:12 PM
Concealed. It is out of sight and easily reached.
stumpers
November 11, 2011, 10:15 PM
Legally? Might depend on state statutes.
LibShooter
November 11, 2011, 11:03 PM
Wouldn't it be neither?
"Concealed" or "open" precede the word "carry." This isn't carrying. It's transporting. If your state requires guns to be unloaded, locked away and separate from ammunition in transit, this would be illegal.
Mainsail
November 11, 2011, 11:45 PM
For those who don't like to click on a blind link:
http://www.gumcreekcustoms.com/images/products/132.jpg
DeepSouth
November 12, 2011, 12:36 AM
I was looking at that thing a while back and thought it was a good place for my XDm so I took the paddle holster that came with it and bolted it in about the same place. It is visible from the outside of the truck, through the driver window only, and you really have be looking for it. No one has seen it from outside the vehicle that I know of, It has a black interior with tinted windows so a black gun in a black holster is pretty hard to see even when looking for it.
Looked like they wanted a bit much for it, $35 for the "mount" then you have to buy a holster and hope the strap will get tight enough to keep the gun from bouncing and beating into the steering column. I like my permanent fix better, and it was free considering I already had the holster. Looks good to. Some people really care about their vehicles and don't drill holes in them, but I love my truck and intend to drive it until I retire somewhere around 2040, so I didn't care. ;)
As to weather or not it would be considered concealed I don't know, I live AL so if it's in your vehicle (loaded) at all you have to have a permit. So I have never looked into that.
paramedic70002
November 12, 2011, 02:32 PM
Would be state specific and open to interpretation. In VA for instance a weapon doesn't have to be carried to be concealed, as long as it is within a person's control. Under a new law though MAY be legal as it is in a "container."
Seems accessories are outpacing laws.
TexasRifleman
November 12, 2011, 04:41 PM
Yeah, state specific for sure. I think in Texas you'd be in trouble if an LEO pulled you over for speeding and saw that when he walked up to the window.
It's a good idea actually, but I'd tuck a washcloth around it or something, to hide it a bit. Interesting concept.
As for whether that's "carrying" or "transporting" again that would be state by state but my state would call that carrying since my law says "on or about one's person". In the drivers seat, that would most certainly be "about my person".
For Texas again, and every state will be different, the law regarding handguns in one's car is that the handgun cannot be in "plain view", and that is not defined.
Thread moved to "Legal" by the way, it's not really a S&T topic.
Craig_VA
November 12, 2011, 08:06 PM
In the State of Virginia, this would generally be considered as concealed carry. If a gun is within reach of the driver, but not clearly visible to a law enforcement officer as the officer approaches the vehicle, then it is concealed, and would require the appropriate concealed carry license or permit. The general advice is for open carry in your vehicle, place the gun on the dashboard or on the seat next to the driver.
However, note on
http://www.vsp.state.va.us/Firearms_Transporting.shtm
"As of July 1, 2010, a concealed handgun permit is not necessary when carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel."
That gun is not "in a secured container or compartment."
As more general advice - when the concealed or not question is ambiguous, you are at the mercy of the charging (observing ?) LEO and then to the court.
FadingSwordsman
November 12, 2011, 08:24 PM
Another vote for depends on the state.
For NM, it may or may not count as concealed carry, but since it's "on your property" it's absolutely legal as long as you aren't a prohibited person. Therefore whether it counts as concealed or not is a moot point legally.
Black Knight
November 12, 2011, 08:45 PM
I won't comment on the concealed or open question but I will comment on it. To me it looks like a good idea for a protective service detail driver but not your average person. You are in a hurry and park your car. You get out and go inside. You come out a couple hours later (doesn't matter where you are, the store, mall, work, or home). What do you see? Broken glass, maybe the car door open, the gun GONE. I know, a lot of folks will say that will not happen but people are people and we all get absent minded every once in a while. If you intend to carry, then carry on your person. If you intend on transporting then do so safely and securely. Stay safe.
MedWheeler
November 12, 2011, 08:55 PM
In Florida, it could be considered unlawful, as Florida Statute requires that any handgun being carried within a motor vehicle be "securely encased", and not on the person of any occupant. Now, while the holster covers "securely", it does not cover "encased" since at least part of the handgun is accessible without opening anything.
The above does not apply when the driver is a concealed-carry licensee.
jimmyraythomason
November 12, 2011, 09:01 PM
This isn't carrying. It's transporting.In my state,Alabama,it is carrying and a CCW permit is required for having a handgun in your vehicle whether on your person or not.
ProShooter
November 12, 2011, 09:32 PM
This isn't carrying. It's transporting
I think you'll find that most states say something along the lines that carrying is when the gun is "on or about your person". This gun is clearly "about your person". Transporting is when the gun is outside of the passenger compartment, like in the trunk.
ProShooter
November 12, 2011, 09:34 PM
In the State of Virginia, this would generally be considered as concealed carry. If a gun is within reach of the driver, but not clearly visible to a law enforcement officer as the officer approaches the vehicle, then it is concealed, and would require the appropriate concealed carry license or permit
Tough call, depending on the driver's position with their legs. I could see where someone's legs would hide the gun. As I see it in the photo, I'd say "open" because it is not hidden from common observation.
duck911
November 12, 2011, 10:09 PM
Perfectly legal in Colorado - residents can concealed carry in their vehicles with no permit.
--Duck911
wojownik
November 13, 2011, 12:20 AM
Quote:
In the State of Virginia, this would generally be considered as concealed carry. If a gun is within reach of the driver, but not clearly visible to a law enforcement officer as the officer approaches the vehicle, then it is concealed, and would require the appropriate concealed carry license or permit
Tough call, depending on the driver's position with their legs. I could see where someone's legs would hide the gun. As I see it in the photo, I'd say "open" because it is not hidden from common observation.
I agree with Craig_VA, this seems fairly hidden from common observation from most angles - except the most, ahem, intimate.
I'd think this would reasonably be considered concealed carry, and probably would raise a concern from most approaching officers I know in this area - CHP holder or not...
I disagree with Craig_VA on one wording issue .... It's the Commonwealth of Virginia :)
paramedic70002
November 13, 2011, 05:13 PM
...
In the State of Virginia, this would generally be considered as concealed carry. If a gun is within reach of the driver, but not clearly visible to a law enforcement officer as the officer approaches the vehicle, then it is concealed, and would require the appropriate concealed carry license or permit. The general advice is for open carry in your vehicle, place the gun on the dashboard or on the seat next to the driver.
Placing the gun on the dashboard or seat guarantees it is not concealed but is hardly a good idea. In a crash or evasive maneuver all bets are off on where it ends up or what finds it's way into the trigger guard. Also likely to stampede the sheep, especially if they see you in the process of placing it there. IIRC there was like ONE issue with OC/CC in VA when an LEO had a conniption about an OC gun at 3:00 being concealed, but was quickly settled in court in favor of the citizen.
However, note on
http://www.vsp.state.va.us/Firearms_Transporting.shtm
"As of July 1, 2010, a concealed handgun permit is not necessary when carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel."
That gun is not "in a secured container or compartment."
Careful there, you're moving words around and changing the meaning of the sentence. The legislation specifically rejected the word LOCKED, and substituted SECURED, when they were debating this law. Is a holster a container? The law doesn't define container. Obviously a container is a different thing than a compartment since both are mentioned in the code. Is it secured? If there is a strap keeping it from falling out, I'd like to think it is secured, especially if the car is locked, making it doubly secured.
In all honesty, the Code probably wouldn't survive a challenge to an appellate court for ambiguity.
paramedic70002
November 13, 2011, 05:16 PM
On a different topic, in the picture, is that a Glock with a grip safety???
dogtown tom
November 13, 2011, 05:21 PM
paramedic70002 On a different topic, in the picture, is that a Glock with a grip safety???
No, Glocks do not have a grip safety.
rromeo
November 13, 2011, 07:53 PM
I agree with Craig_VA, this seems fairly hidden from common observation from most angles - except the most, ahem, intimate.
I'd think this would reasonably be considered concealed carry, and probably would raise a concern from most approaching officers I know in this area - CHP holder or not...
I disagree with Craig_VA on one wording issue .... It's the Commonwealth of Virginia
I would agree with Pro-Shooter, given his credentials.
TexasRifleman
November 13, 2011, 08:41 PM
On a different topic, in the picture, is that a Glock with a grip safety???
It's an XD.
JohnBT
November 13, 2011, 08:50 PM
Craig_VA -
I was sitting in Richmond City court one day in 1985 when a concealed gun case was called. The policeman had pulled a white Buick because the radio said they were looking for one. He saw the butt of a gun poking up out of the elastic pocket across the front of the driver's seat - below the driver's thighs. I'm thinking he was driving a Riviera.
The judge had the officer repeat the story 3 or 4 times and then read the cop a minor riot act. "If you could see it, it wasn't concealed."
The tall, handsome, well dressed defendant executed a military about face and walked out, never said a word.
cor_man257
November 14, 2011, 12:14 PM
Im finding myself wondering if this is legal in NY. But I cant seem to find anything that clearly states if a loaded firearm must be on your person while in a vehical... Hmm...
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