Open or Concealed that is the question?

[KowBoY_NE]

ok, this might be kinda a dumb question..... me and my brother were talking guns and carry options and this stumped us both...

if you are open carring a handgun, and get into a car/truck and it was in holster on right (inside hip) and was not visiable then is it considered concealed??????? no cover shirt nothing at all covering, just your body blocking view

same situation for an un-covered shoulder holster, just your arm blocking view????

the way i understand law(2yrs into degree) it is that the firearm must be in plain view as i would assume it would NOT be in this situation. i am going to say for the sake of arguement that one would disclose this info to LEO if stopped, but what if you didnt. and they order you to step out?

just general rules and thought are fine, i can get legal advice if i want it, just more of a how is it viewed kinda question..

thanks for help, maybe experience if y'all have any..

 

[Ragnar Danneskjold]

It varies from state to state, like most other guns laws. I know in Michigan, carrying a weapon in a vehicle outside of a locked case is automatically considered concealed carry, even if it's visible.

Someone from Nebraska will have to answer your questions, since other states do things differently.

 

[KowBoY_NE]

this was more of a general question, i am not real worried about state to state sorry about that i am kinda new and should have been a little more clear.

--James

 

[jrfoxx]

Depends on your state laws, and how they are interpreted.Here in OR, "a gun worn openly in a holster on the belt is considered to be not concealed" (or something almost exactly like that, same gist though).To me, that means if its in a holster, on your belt, not covered up, then by definition in the law, its "open carried", whether your in a car or not.That said, I cant honestly say I know how police, judges, and the AG feel about/interpret it though.I have a CHL, so open or concealed makes no difference at all for me, anywhere I go, legally, so I never really looked into it further.Any OR people happen to have a link to an AG or court ruling/opinion on this, out of curiosity?

 

[hugh damright]

When I lived in NC and didn't have a CCW permit, the rule was that a gun had to be in plain sight, which I understood to mean on the dashboard or on the seat. If a person is pulled over with a gun on his hip, the cop doesn't know he's armed, and he is asked to get out of the car, I think the thing to do would be to keep both hands on the wheel and tell the officer "I am carrying a pistol on my right hip". I wouldn't advise getting out of the car armed to the cop's surprise.

 

[Deanimator]

If you want to be REALLY confused, until last year, here in Ohio, you could only CARRY a firearm in a car if you had a CCW, but you had to do so UNconcealed. That changed last year so that now you can just get in your car and drive, gun concealed in holster just as it had been when you walked to your car. You CAN still carry unconcealed in your car with a CCW, there's just not much reason to do so anymore.

 

[Rokyudai]

Not a dumb question, but from previous responses to your posts, there are many factors/variables which would be required to know in order to give you a smart answer.

The way Texas Statute defines a 'concealed handgun' for instance : means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

Unless you plan on camping out in your truck alone in that manner and do not plan to ever have someone park, drive, walk up next to your vehicle's right hand side, IMHO you have not made a reasonable attempt at concealing.