CHL - gun in my car - "plain view"?
Moderators: carlson1, Charles L. Cotton
-
Topic author - Member
- Posts in topic: 2
- Posts: 129
- Joined: Tue Mar 17, 2009 9:55 pm
- Location: Frisco, TX
CHL - gun in my car - "plain view"?
I have a CHL - when I'm in my car, I prefer to remove my paddle holster - it's more comfortable for me - I switch the gun (G36) to an Uncle Mikes IWB model that fits very securely down on the floor between the right hand side of the driver's seat frame and the left hand side of the emergency brake frame - I have a small SUV, a Honda CRV. For someone approaching me from the driver's side of the car, the gun is not visible - if someone approached from the passenger side, I guess that they could see the gun if they were right at the window.
I don't want to start a holster discussion here, I'm just wondering if the gun would be considered to be "in plain view"?
Where do you guys keep your gun, if you're not wearing it concealed when you're in the car?
Thanks!
I don't want to start a holster discussion here, I'm just wondering if the gun would be considered to be "in plain view"?
Where do you guys keep your gun, if you're not wearing it concealed when you're in the car?
Thanks!
What's in it for me ?
-
- Senior Member
- Posts in topic: 13
- Posts: 13551
- Joined: Fri May 12, 2006 12:04 pm
- Location: Galveston
Re: CHL - gun in my car - "plain view"?
If an object can be seen from any point where a person has a right to be in a public place, it is in plain view (according to many court rulings). The cops have busted people for things that could be seen from the upper branches of a tree through a window with the blinds partially opened.
Police officers increasingly have adopted a policy of approaching stopped vehicles from the right side. This makes sense to me. Officers are often injured and killed by inattentive or drunk drivers while standing at the side of the road during a traffic stop.
What is so difficult about carrying a handgun IWB while seated in a motor vehicle? I don''t understand the problem. Many accidental or negligent discharges (let's not go there) seem to result from relocating weapons inside motor vehicles.
- Jim
Police officers increasingly have adopted a policy of approaching stopped vehicles from the right side. This makes sense to me. Officers are often injured and killed by inattentive or drunk drivers while standing at the side of the road during a traffic stop.
What is so difficult about carrying a handgun IWB while seated in a motor vehicle? I don''t understand the problem. Many accidental or negligent discharges (let's not go there) seem to result from relocating weapons inside motor vehicles.
- Jim
-
- Senior Member
- Posts in topic: 1
- Posts: 850
- Joined: Wed Jun 07, 2006 9:04 am
- Location: Woodcreek
Re: CHL - gun in my car - "plain view"?
If it can be seen by someone it is probably in "plain view"
If I don't have mine on it is usually on the seat next to me covered by a hat or newspaper if I am in the truck. If I am in the car it is in the center console. On the seat some people say this is not a good idea because if you have an accident the gun can go flying.
Stan
If I don't have mine on it is usually on the seat next to me covered by a hat or newspaper if I am in the truck. If I am in the car it is in the center console. On the seat some people say this is not a good idea because if you have an accident the gun can go flying.
Stan
TSRA
NRA
TFC
USMC 1961-1966
NRA
TFC
USMC 1961-1966
-
- Senior Member
- Posts in topic: 3
- Posts: 4638
- Joined: Thu May 29, 2008 3:35 pm
- Location: Houston, TX
Re: CHL - gun in my car - "plain view"?
I agree. The weapon as currently located would be defined as in view.
Stash. You noted your problem with the truck. I would suggest making other arrangements with your handgun.
Stash. You noted your problem with the truck. I would suggest making other arrangements with your handgun.
Life NRA
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07
-
- Senior Member
- Posts in topic: 1
- Posts: 510
- Joined: Thu Oct 29, 2009 9:51 am
- Location: Mckinney, Tx.
Re: CHL - gun in my car - "plain view"?
Short answer is Yes.
I have a seat holster that is strapped to the underside of my drivers seat with thumb break to hold the pistol secure. However, I usually leave me gun holstered on me when driving. I have the under-seat holster so that I can secure my gun in my vehicle when going into prohibited places or I am wearing clothes that don't allow me to carry, I.E. Swimsuit or athletic shorts. The underseat holster works great because I can easily get to the pistol if needed and it cannot be seen from any angle. You would have to open my door, stick your head on the floorboard and look under there to see anything. Plus, in the event of a wreck the pistol won't go flying around the cab of my truck like stash mentioned.
I have a seat holster that is strapped to the underside of my drivers seat with thumb break to hold the pistol secure. However, I usually leave me gun holstered on me when driving. I have the under-seat holster so that I can secure my gun in my vehicle when going into prohibited places or I am wearing clothes that don't allow me to carry, I.E. Swimsuit or athletic shorts. The underseat holster works great because I can easily get to the pistol if needed and it cannot be seen from any angle. You would have to open my door, stick your head on the floorboard and look under there to see anything. Plus, in the event of a wreck the pistol won't go flying around the cab of my truck like stash mentioned.
Disclaimer for all my posts: IANAL
My setup:
Kimber Ultra Crimson Carry II or Bersa Thunder .380
Crossbreed Supertuck
NRA Member
TSRA Member
My setup:
Kimber Ultra Crimson Carry II or Bersa Thunder .380
Crossbreed Supertuck
NRA Member
TSRA Member
-
- Senior Member
- Posts in topic: 1
- Posts: 12329
- Joined: Sun Jun 12, 2005 3:31 pm
- Location: Angelina County
Re: CHL - gun in my car - "plain view"?
Mine is either on my belt or locked in the box.
Your discription is in plain view.
I gave an orientation at the range a couple of weeks ago. I opened the gate for the folks & as they drove by I saw only the butt of his gun stuck barrel down in the drink tray between him & wife. Commented about it as they got out & it amazed him.
Short story is:
Officers are aware of what is going on around them too.
Conceal it.
1.On your person or 2.in a lock box. All #3s as subject to problems.
Your discription is in plain view.
I gave an orientation at the range a couple of weeks ago. I opened the gate for the folks & as they drove by I saw only the butt of his gun stuck barrel down in the drink tray between him & wife. Commented about it as they got out & it amazed him.
Short story is:
Officers are aware of what is going on around them too.
Conceal it.
1.On your person or 2.in a lock box. All #3s as subject to problems.
Carry 24-7 or guess right.
CHL Instructor. http://www.pdtraining.us" onclick="window.open(this.href);return false;
NRA/TSRA Life Member - TFC Member #11
-
Topic author - Member
- Posts in topic: 2
- Posts: 129
- Joined: Tue Mar 17, 2009 9:55 pm
- Location: Frisco, TX
Re: CHL - gun in my car - "plain view"?
Thanks guys - I'll make other arrangements for the gun when I am in the car.
What's in it for me ?
Re: CHL - gun in my car - "plain view"?
I carry IWB but have recently started to remove my weapon and place it in the glove box while before driving off. Due to the location of the gun when i carry, it is right near where the seat belt buckles and is difficult for me to draw my weapon if the need arises. Plus, because of the texture on the grip of my gun, it has started to rub holes in my shirts. When i do remove it, i try to ensure i am in a parking spot where people are not around me and try to make the move as quickly as possible.
Hook'em Horns!
Class of 2007
“I am actually for gun control. Use both hands." - Gov. Rick Perry
Class of 2007
“I am actually for gun control. Use both hands." - Gov. Rick Perry
-
- Senior Member
- Posts in topic: 2
- Posts: 26852
- Joined: Wed Jan 16, 2008 12:59 pm
- Location: North Richland Hills, Texas
- Contact:
Re: CHL - gun in my car - "plain view"?
cubbyjg wrote:I carry IWB but have recently started to remove my weapon and place it in the glove box while before driving off. Due to the location of the gun when i carry, it is right near where the seat belt buckles and is difficult for me to draw my weapon if the need arises. Plus, because of the texture on the grip of my gun, it has started to rub holes in my shirts. When i do remove it, i try to ensure i am in a parking spot where people are not around me and try to make the move as quickly as possible.
There are better alternatives. If you get carjacked while you're in your car and your gun is in your glovebox, you've just armed a felon. You'll never be able to retrieve it in time to avert the jacking. There are car-carry alternatives such as the Safepacker for instance that will keep your gun, if not on your person, at least readily at hand. And if the gun is on your person, you may still get carjacked but at least the gun exits the vehicle with you. And like seamusTX said, the more you have to handle the gun in the car, the more likely the chance of an ND and hurting yourself or someone else unintentionally.
Can you slide your holster back and inch or two before buckling your seatbelt? Or how about a shoulder holster? There are alternatives. You just have to think you way all the way through the problem.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”
― G. Michael Hopf, "Those Who Remain"
#TINVOWOOT
― G. Michael Hopf, "Those Who Remain"
#TINVOWOOT
Re: CHL - gun in my car - "plain view"?
Ive never heard of the Safepacker, so thanks for the info TAM. I will look into it. Since i cannot carry at work, i normally leave the weapon in a triangle shaped soft case and lock it up in the glove box. I will be investing in an auto lockbox soon once i pay some other stuff off. When its in the soft case, you wouldnt even know that it has a weapon in there. I have just left it on my seat as i am driving on some occasions but always wondered what a LEO would say if i were to be pulled over. I feel that it is concealed since you cannot see the gun or even a shape of the gun so i should be good. I will try to post a picture later today.
Hook'em Horns!
Class of 2007
“I am actually for gun control. Use both hands." - Gov. Rick Perry
Class of 2007
“I am actually for gun control. Use both hands." - Gov. Rick Perry
-
- Senior Member
- Posts in topic: 13
- Posts: 13551
- Joined: Fri May 12, 2006 12:04 pm
- Location: Galveston
Re: CHL - gun in my car - "plain view"?
The possible answers range from "Have a nice day" to "Step slowly out of the vehicle with your hands in the air."... always wondered what a LEO would say if i were to be pulled over.
There is a thread on this forum about a guy who had a handgun on the seat of his vehicle while traveling through some Podunk town and was arrested and had the weapon confiscated. I can't find it now. Maybe someone has a better memory.
- Jim
-
- Senior Member
- Posts in topic: 1
- Posts: 522
- Joined: Tue Dec 29, 2009 11:24 pm
- Location: Dripping Springs, TX
Re: CHL - gun in my car - "plain view"?
I think this is it: http://texaschlforum.com/viewtopic.php?f=15&t=24456seamusTX wrote:The possible answers range from "Have a nice day" to "Step slowly out of the vehicle with your hands in the air."... always wondered what a LEO would say if i were to be pulled over.
There is a thread on this forum about a guy who had a handgun on the seat of his vehicle while traveling through some Podunk town and was arrested and had the weapon confiscated. I can't find it now. Maybe someone has a better memory.
- Jim
-
- Senior Member
- Posts in topic: 13
- Posts: 13551
- Joined: Fri May 12, 2006 12:04 pm
- Location: Galveston
Re: CHL - gun in my car - "plain view"?
That's it. Thanks.
- Jim
- Jim
-
- Senior Member
- Posts in topic: 1
- Posts: 311
- Joined: Sun Apr 11, 2010 12:36 am
- Location: Mesquite TX
Re: CHL - gun in my car - "plain view"?
seamusTX wrote: Police officers increasingly have adopted a policy of approaching stopped vehicles from the right side.
I was stopped last year for an expired tag (was a genuine opps, got a verbal for that) the cop came to the right side (in a sams club parking lot) and after motioning that I have roll up windows (in a 2002 truck) he finally came around to my side.
I told him not everyone can afford nice cars, he joked how the right side window in his patrol car (a 1998) has not worked in a month
-
- Senior Member
- Posts in topic: 1
- Posts: 513
- Joined: Wed Apr 01, 2009 11:57 am
- Location: Houston
Re: CHL - gun in my car - "plain view"?
I keep it in my center console when it's not on me.texas yankee wrote:
Where do you guys keep your gun, if you're not wearing it concealed when you're in the car?
Thanks!
CHL since 01/26/09