CHL - gun in my car - "plain view"?

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texas yankee
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CHL - gun in my car - "plain view"?

#1

Post by texas yankee »

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!
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seamusTX
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Re: CHL - gun in my car - "plain view"?

#2

Post by seamusTX »

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

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Re: CHL - gun in my car - "plain view"?

#3

Post by stash »

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.

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Re: CHL - gun in my car - "plain view"?

#4

Post by Purplehood »

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.
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Re: CHL - gun in my car - "plain view"?

#5

Post by shortysboy09 »

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.
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Re: CHL - gun in my car - "plain view"?

#6

Post by longtooth »

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.
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Officers are aware of what is going on around them too.

Conceal it.
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texas yankee
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Re: CHL - gun in my car - "plain view"?

#7

Post by texas yankee »

Thanks guys - I'll make other arrangements for the gun when I am in the car.
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Re: CHL - gun in my car - "plain view"?

#8

Post by cubbyjg »

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.
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Re: CHL - gun in my car - "plain view"?

#9

Post by The Annoyed Man »

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.
:nono:
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.
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Re: CHL - gun in my car - "plain view"?

#10

Post by cubbyjg »

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.
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Re: CHL - gun in my car - "plain view"?

#11

Post by seamusTX »

... always wondered what a LEO would say if i were to be pulled over.
The possible answers range from "Have a nice day" to "Step slowly out of the vehicle with your hands in the air."

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.

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Re: CHL - gun in my car - "plain view"?

#12

Post by davidtx »

seamusTX wrote:
... always wondered what a LEO would say if i were to be pulled over.
The possible answers range from "Have a nice day" to "Step slowly out of the vehicle with your hands in the air."

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
I think this is it: http://texaschlforum.com/viewtopic.php?f=15&t=24456
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Re: CHL - gun in my car - "plain view"?

#13

Post by seamusTX »

That's it. Thanks.

- Jim

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Re: CHL - gun in my car - "plain view"?

#14

Post by Grog »

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 :mrgreen:

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Re: CHL - gun in my car - "plain view"?

#15

Post by Pete92FS »

texas yankee wrote:
Where do you guys keep your gun, if you're not wearing it concealed when you're in the car?

Thanks!
I keep it in my center console when it's not on me.
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