Post questions here about open and concealed carry, as well as general law questions.
 #86808  by TexasJay
 
Mr.Skellington wrote:
TexasJay wrote:I use a remora IWB holster. It has this rubbery friction material on it and I slide it about an inch and a half down between the console and seat. The sucker don't move a bit. They're $25 but they give a good discount to mil/Leo/fire/ems etc. Just call and order over the phone, let them know you're Leo/mil etc.
That's sounds to me as approximately the same location as it would be if it were still holstered. If that's the case then its not necessarily OC and would require a CCW. If its even a gray area and you don't have a CCW your at the mercy of a LEO and or the courts.
It is holstered Mr skellington...that's the point. Its a holster that "mounts" between the seat and console. It only goes down about an inch and a half. So there's still like five inches of gun standing straight up. There's no way you could possibly miss it if you walked up on any of the sides/back of the car. If you miss it, you're completely blind...
 #86816  by astro_wanabe
 
WVisHome wrote:I've been trying to figure out how to mount a holster in my Mazda 3....finally came up with this: <snip>
I'm assuming you can still open the door without it falling to the ground? How do you plan to handle being pulled over and asked for registration / proof of insurance? Just ask the cop how he would like you to proceed?
 #86818  by WVisHome
 
astro_wanabe wrote:
WVisHome wrote:I've been trying to figure out how to mount a holster in my Mazda 3....finally came up with this: <snip>
I'm assuming you can still open the door without it falling to the ground? How do you plan to handle being pulled over and asked for registration / proof of insurance? Just ask the cop how he would like you to proceed?

I'll have to check, but I think the velcro is strong enough to hold it in place if I open the door.

Either way, I keep all my credentials in my wallet, that way I don't forget where in the car I put it, lol.

And yes, openly carrying...if pulled over I will leave my hands on the steering wheel until the officer arrives at the window and wait for direction.
 #86827  by Mr.Skellington
 
TexasJay wrote:
Mr.Skellington wrote:
TexasJay wrote:I use a remora IWB holster. It has this rubbery friction material on it and I slide it about an inch and a half down between the console and seat. The sucker don't move a bit. They're $25 but they give a good discount to mil/Leo/fire/ems etc. Just call and order over the phone, let them know you're Leo/mil etc.
That's sounds to me as approximately the same location as it would be if it were still holstered. If that's the case then its not necessarily OC and would require a CCW. If its even a gray area and you don't have a CCW your at the mercy of a LEO and or the courts.
It is holstered Mr skellington...that's the point. Its a holster that "mounts" between the seat and console. It only goes down about an inch and a half. So there's still like five inches of gun standing straight up. There's no way you could possibly miss it if you walked up on any of the sides/back of the car. If you miss it, you're completely blind...
I guess I'd have to see it to get a better idea of this setup. Here's where I'm going with my previous post...

I understand that it is holstered but there are currently two approved areas that we know of that are considered "in plain sight", the dash and the passenger seat. We also know that wearing your sidearm holstered in the car is not considered "in plain sight".

Bearing the above in mind your setup location sounds like its near the seat belt buckle area and close to where it would rest if you were wearing your holster. Now I'm not trying to rain on your parade, believe me, I just want to reiterate that coloring outside the lines is uncharted territory.

Lets also draw a correlation to IWB holsters which we also know to be not kosher for OCing. There are many of those which I would consider someone blind if they didn't see however if the gun isn't completely exposed (OWB) it is considered "concealed" for LEO purposes of ruining your day. Just food for thought.
 #86833  by WVisHome
 
Mr.Skellington wrote:
Bearing the above in mind your setup location sounds like its near the seat belt buckle area and close to where it would rest if you were wearing your holster.
Interestingly enough...I had someone tell me they were informed by either an officer or a trooper (can't recall now) the exact opposite....that in order to be lawfully OCing in the car the weapon must still be "on his person" and that he should wear it as he normally would outside of the car.

From what I've read about the 'plain view' clause, this is completely wrong....but figured I'd share that something substantially different supposedly came from a LEO.
 #86835  by TexasJay
 
It is holstered Mr skellington...that's the point. Its a holster that "mounts" between the seat and console. It only goes down about an inch and a half. So there's still like five inches of standing straight up. There's no way you could possibly miss it if you walked up on any of the sides/back of the car. If you miss it, you're completely blind...[/quote]

I guess I'd have to see it to get a better idea of this setup. Here's where I'm going with my previous post...

I understand that it is holstered but there are currently two approved areas that we know of that are considered "in plain sight", the dash and the passenger seat. We also know that wearing your sidearm holstered in the car is not considered "in plain sight".

Bearing the above in mind your setup location sounds like its near the seat belt buckle area and close to where it would rest if you were wearing your holster. Now I'm not trying to rain on your parade, believe me, I just want to reiterate that coloring outside the lines is uncharted territory.

Lets also draw a correlation to IWB holsters which we also know to be not kosher for OCing. There are many of those which I would consider someone blind if they didn't see however if the gun isn't completely exposed (OWB) it is considered "concealed" for LEO purposes of ruining your day. Just food for thought.[/quote]

Because of the way my car is designed (mustang) its actually closer to the shifter. Not obstructed by me, or the console or seatbelt. I'll see if I can get some pictures.
 #86892  by George
 
Mr.Skellington wrote:

Lets also draw a correlation to IWB holsters which we also know to be not kosher for OCing. There are many of those which I would consider someone blind if they didn't see however if the gun isn't completely exposed (OWB) it is considered "concealed" for LEO purposes of ruining your day. Just food for thought.
Quote:
"Concealed" weapon may be in "plain view" of police officer. - A weapon may be "concealed" within the meaning of this section, and still be in "plain view" for purposes of the search and seizure doctrine. Robertson v. State, 794 A.2d 267 (Del. 1997).

A weapon is "concealed" if it is hidden from the ordinary sight of another person, i.e., the casual and ordinary observation of another in the normal associations of life; however, since "ordinary observations" are not the same as the observations of an investigating police officer, a weapon concealed from an ordinary person may be in the plain view of a police officer. Robertson v. State, 794 A.2d 267 (Del. 1997).

Open carry is not the complete opposite of concealed carry, it is just not concealed, ie. not hidden from the ordinary sight of another person. If a cop decides to hassle you it wont matter if your gun is painted bright orange and hanging from a lanyard around your neck, it will still happen