I have a question

[JayStation3]

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.

[JP171]

most of the opinions here so far is that that isn't properly concealed because it can be seen when you get out or if a cop standing at your door will be able to see it

[WildBill]

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.

Sorta out in the open and mainly concealed means that it is not concealed, so IMO illegal.

[The Annoyed Man]

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.

It cannot be in plain sight. If a cop walks up to your window, and he can see the gun, you're in violation.

[JayStation3]

Ok, thanks for the input so far guys...

So what about this holsters that go under the steering column? Or a magnetic holster under the dash? Is the key here "not visible at all"?

[JayStation3]

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.

It cannot be in plain sight. If a cop walks up to your window, and he can see the gun, you're in violation.

But what is "plain sight"?

I'm my opinion, plain sight is putting the gun on the seat or dash. If the gun is under my knees bolstered to the frame of the drivers seat when I'm sitting in the vehicle, wouldn't that be concealed?

[parabelum]

Ok, thanks for the input so far guys...

So what about this holsters that go under the steering column? Or a magnetic holster under the dash? Is the key here "not visible at all"?

Same as others have already pointed out.
If it's visible, then you are in violation.

I'd recommend center console, or under the seat. Not as easy to get to, but mine is under seat, and fairy easy to access, but still not as handy as under the steering wheel, as an example.

[Bryanmc]

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.

[JP171]

mine is on my hip where it belongs, I can get to it easily and I am NOT in violation or even in a grey area so no snuffalumpigans and that's how it should be

[WildBill]

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.

IANAL, but I don't think that your interpretation is correct. If an officer is looking for contraband or illegal substances then they are going to be specifically looking for them. I believe that if they can determine that the object is contraband or illegal
without having to move or uncover the object then it is in plain sight. Again, I am not a lawyer, but this is my understanding of the law.

'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.

http://law.justia.com/constitution/us/a ... -view.html

Going back to the original question of the thread I would conclude that if the person were stopped by an officer and they were asked to exit the vehicle and the officer saw the handgun in a holster under the steering column or
in front of the seat it would be a "legal search" and the driver could be arrested for having an unconcealed firearm.

Some forum members think that a handgun is concealed only if it not is clearly visible from the outside of the vehicle. I don't think that is true. Read the above quote.
I am sure that one of the LEOs or lawyers on the forum can provide more clarity on this issue.

[thetexan]

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.

46.02 requires the gun be concealed. 46.035 requires handguns carried under the concealed carry rules be actually concealed and prohibit intentional display.

In neither case is kinda sorta concealment allowed.

tex

[Vol Texan]

Going back to the original question of the thread I would conclude that if the person were stopped by an officer and they were asked to exit the vehicle and the officer saw the handgun in a holster under the steering column or
in front of the seat it would be a "legal search" and the driver could be arrested for having an unconcealed firearm.

Some forum members think that a handgun is concealed only if it not is clearly visible from the outside of the vehicle. I don't think that is true. Read the above quote.
I am sure that one of the LEOs or lawyers on the forum can provide more clarity on this issue.

OK, so I'm guilty of getting slightly (but very closely related) off-topic here:

Regarding your text that I highlighted in red above...

If I were to keep my gun tucked in my Remora holster between my 60/40 bench seat, between my thigh and the armrest console, then it's completely invisible. If I am asked to step out, then it becomes instantly visible. Of course, I'd let the officer know that I'll be happy to step out, but in doing so, I'll be unconcealing my Sig between the seats.

Or if I were to get out in the rain, and asked if I can take my raincoat that's covering a gun in the passenger seat (or can the officer hand it to me after I get out so that I don't reach toward my gun).

Both of these seem to be the same as if I were sitting with it in a 'front of the seat' holster that's well hidden under my leg, but very visible if I step out.

I cannot imagine that any of these would be cause for an arrest (assuming, of course that I keep a proactive line of communication with the LEO that I'll be glad to follow his directions, but doing so will cause me to unconceal).

[thetexan]

I don't care what the activity is...working on the engine...vacuuming the inside of you car...sleeping...going fishing...getting out of the car on the demand of the officer...parting the Red Sea...

If at any time that gun is visible it is not concealed and therefor you Are not in compliance with either 46.02 or 46.035.

tex

[thetexan]

It doesn't matter what the activity is...working on the engine...sitting in your vehicle...vacuuming the inside of your car...sleeping...going fishing...getting out of the car on the demand of the officer...parting the Red Sea...

If at any time that gun is visible it is not concealed and therefore you are not in compliance with either 46.02 or 46.035 (if, in the case of .035, you are carrying under concealed carry rules and not open carry rules).

tex

[RPBrown]

I don't care what the activity is...working on the engine...vacuuming the inside of you car...sleeping...going fishing...getting out of the car on the demand of the officer...parting the Red Sea...

If at any time that gun is visible it is not concealed and therefor you Are not in compliance with either 46.02 or 46.035.

tex

If mine is not on my hip, and I am in my wifes car, then its in one of the cubby holes on my door where it is easily accessible. If I exit the vehicle for any reason, I will throw a rag over it before I exit. It cannot be seen from the window on either side if I am in the car. Now, if I am in my truck, it is either on my hi or in my soft briefcase under my legs, again, easy to get to but not visible.