TexasCHLforum.com

Bryanmc wrote:

WildBill wrote:

Bryanmc wrote:I think it comes down to the letter of the law vs the spirit of the law.

I am not sure what you mean by this.

In my mind (and Lord knows I've been wrong before) concealed in this instance means a reasonable good faith effort has been made to conceal it as opposed to laying it on the dash or on the passenger seat. If you're in a wreck and the pistol you had concealed under the passenger seat slides out onto the floor board, I don't think anyone is going to write you for an unconcealed weapon, although by the letter of the law, at that moment it is.

jerry_r60 wrote:

Bryanmc wrote:I think it comes down to the letter of the law vs the spirit of the law.

For some of this discussion, maybe. For some of the descriptions and scenarios I think it's plain. If an officer can walk up and look around in your car and see your gun without moving anything, that would be unconcealed. I don't think that one is in question. So for example the under steering column holster or the gun in the door pocket. If an officer can walk up look around in the car and spot it, it's unconcealed.

If it changes things if it only becomes unconcealed if you are asked to get out of the car, I don't know. I know I choose not to use put it anywhere that would be uncovered by my opening the door and exiting the vehicle.

I also would try to have my licenses and insurance in my hand already when the officer walked up to the door if I had the time to do so. So I'm not daggering around and opening anything to get them. I'm not suggesting opening a compartment to get them matters, I "think" that would not constitute unconcealed but I really don't know and would avoid having to do that by having my gun and license/insurance in the same place.

Bryanmc wrote:I think it comes down to the letter of the law vs the spirit of the law.

Bryanmc wrote:The definition of "plain sight" that I have always relied on is that it would be visible to someone who was not specifically looking for it. That's the definition usually applied to 4th amendment discussions anyway.

'Plain View'.—Somewhat similar in rationale is the rule that objects falling in the 'plain view' of an officer who has a right to be in the position to have that view are subject to seizure without a
warrant or that if the officer needs a warrant or probable cause to search and seize his lawful observation will provide grounds therefore. The plain view doctrine is limited, however, by
the probable cause requirement: officers must have probable cause to believe that items in plain view are contraband before they may search or seize them.

JayStation3 wrote:I drive a Montero sport. I designed and built a bracket to carry my pistol down by the front of the seat, in between my knees. I have a few pictures and when I figure out how to post them, I will.

But my question is can I get into trouble by having the gun sorta out in the open like that? I mean it's mainly concealed when sitting in my truck but I just want some outside input. Thanks.