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Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 1:46 am
by ClarkLZeuss
The "Public Restroom scenario" got me thinking, as I am brand new to CHL. What about when you disarm/rearm when inside your vehicle? Is "flashing" that much of a concern, or not? I'm locking it up in a box under my seat, so I should be able to do it while seated without it being a big deal. But I'm more interested in the legal aspect of this: I'm not "intentionally failing to conceal" for those brief few seconds am I?

Sorry if this is too much of a newbie question! :shock:

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 2:17 am
by longtooth
Not a ? too green.
I occasionally have to disarm (but not very often) in the truck & then will rearm if needed. I dont mind leaving it in the center box if I am not getting out. Handle it as seldom as possible.
Legal eagles will give the answer to the last part of your ???

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 6:19 am
by ErnieP
Had to go into the tailor shop for some alterations. Short stop, but needed to be fitted. XDM .40 too big for center console, so had wife stand at door, and slipped under some newspaper when nobody was around. Locked car, and she kept eye on car for the 10 minutes it took, then reversed procedure. You just have to be creative, and be able to demonstrate lack of intent.....caveat, this is not legal advice.

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 8:29 am
by agbullet2k1
ErnieP wrote:Had to go into the tailor shop for some alterations. Short stop, but needed to be fitted. XDM .40 too big for center console, so had wife stand at door, and slipped under some newspaper when nobody was around. Locked car, and she kept eye on car for the 10 minutes it took, then reversed procedure. You just have to be creative, and be able to demonstrate lack of intent.....caveat, this is not legal advice.
I had to pull a chinese fire drill type rearming on V-day. I took off the holster while driving because my suit had "shrunk" (read: I grew) and it was getting a bit uncomfortable. Well, the restaurant we were going to had valet parking, and it was raining hard, so there really wasn't going to be a chance to rearm without having some guy at my door waiting for the keys, and darned if I was going to leave it in the car with a valet, so at a red light, the wife and I coordinated the p-brake, unbuckling, unbelting, grabbing the holster from the glove compartment, twisting around like a snake was sharing the seat with me, and rebuckling before it turned green....in a Civic, mind you. Good to know I can arm myself in a pinch if necessary.

And before anyone says anything, it was dark, raining, and we have tinted windows. No reasonable person could have discerned what I was doing other than performing the help-there's-a-spider-in-my-pants dance.

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 8:58 am
by seamusTX
If no one sees you, there's no possible legal problem.
  1. Have a dark-colored bandana handy. In a pinch, use your handkerchief.
  2. Don't look guilty or furtive, because you're not doing anything illegal.
  3. Stop the vehicle where no pedestrian or other driver can easily observe you.
  4. If you have a holster that clips to your belt, unclip it.
  5. Hold the bandana loosely in your hand, cover as much of the weapon as possible, and withdraw it.
  6. Stow it, keeping it covered the whole time.
Advantages of a clip holster are that you can keep most of the handgun covered and the trigger is not exposed.

I have actually done this with other people in the car, and they did not notice. You can practice with an unloaded weapon in your garage until you are comfortable with it.

I would be real nervous about handling an unholstered double-action handgun, inside a car, in a hurry.

If someone sees the weapon, you are liable to a charge of intentional failure to conceal, or UCW if you do not have a CHL.

While this is a rare occurrence, it did happen to a member of this forum. He reported that he was charged, but never reported the outcome: http://www.texasshooting.com/TexasCHL_F ... =7&t=14717" onclick="window.open(this.href);return false;

- Jim

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 9:38 am
by Oldgringo
Sometimes before a DR. visit, etc. I'll get out of the truck/car, stand behind the door, take the piece from my OWB holster and slip it under the seat or put it in the console, shut and lock the door and waddle off to my destination. I'll repeat the process, in reverse, when I return to the vehicle. It's no big deal

No one has ever screamed and pointed and my wife hardly notices. Am I being too cavalier about this operation? :headscratch

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 9:58 am
by seamusTX
I don't think you're being cavalier.

It does seem to me that if you are obviously securing something in your vehicle, it might be tempting to a thief who happens to observe you. The fact that you are going into a medical office also implies that you will be away from the vehicle for some time (much like going to a movie).

Also, if you live some small town in East Texas, there will be fewer LEOs and nervous nellies than in a big city.

- Jim

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 10:05 am
by Oldgringo
Seamus wrote:

Also, if you live some small town in East Texas, there will be fewer LEOs and nervous nellies than in a big city.
Thanks, Jim. I think your comment above just about sums it up. There are fewer everything in and around our little hamlet and that can be a good thing - unless you want something.

Greg

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 11:16 am
by Charles L. Cotton
Welcome to the forum ClarkLZeuss.

Legally, if you intentionally expose the gun so that others can see it, you have violated TPC §46.035(a). However, I often have to disarm when I'm going to the courthouse and I just do it at the last traffic light before driving into the parking garage, or in the parking garage if I didn't have the opportunity at a red light.

I don't take off the holster, just remove the gun and extra mag(s). When I do, I make sure the gun is never in view of anyone next to me at a red light, or next to my car in a garage. If, by a fluke, someone does see the gun, then I think the facts will be clear that I was trying not to let anyone see the gun, so I wouldn't be "intentionally failing to conceal" it. If you make no effort to be discreet when disarming, then I think you might possibly violate TPC §46.035(a), but that would still be rather difficult to prove.

Chas.

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 11:21 am
by seamusTX
Charles L. Cotton wrote:... I often have to disarm when I'm going to the courthouse ...
A middle-aged white guy in a suit gets a lot less scrutiny than some other stereotypes. Someone who happened to see you would probably conclude that you were a LEO or otherwise acting in an official capacity.

- Jim

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 11:45 am
by Rex B
When I go to the Dr. or someplace else where I need to disarm, I put the gun in the trunk. No big deal to stand at the back, slip the pistol/pocket holster out in the palm of my hand (pocket pistol), and place it in the trunk. Exposure is about 18 inches, about a second, and shielded by my body and the trunklid.
No big deal, and I believe I am legal.

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 12:48 pm
by ClarkLZeuss
Hey guys, thanks for all the input! This newbie feels very welcome here!

Re: Dis/Re-arming in your car

Posted: Wed Feb 18, 2009 2:18 pm
by barres
ClarkLZeuss wrote:Hey guys, thanks for all the input! This newbie feels very welcome here!
You are very welcome here! Please stick around the folks here know a great deal about firearms and carrying concealed handguns and are almost always more than happy to share their experience and wisdom with anyone that has a question.

Re: Dis/Re-arming in your car

Posted: Mon Mar 23, 2009 10:33 pm
by powerboatr
hmmmm,
i just found this site and the learning curve is high. thanks for the insight :tiphat:
but my main carry pistol is easily hidden by my big hand,. if it gets uncomfortable sitting in the car or truck i can easily move it and the pocket holster without anyone noticing, even my passengers that don't know i am carrying.

Re: Dis/Re-arming in your car

Posted: Tue Mar 24, 2009 12:00 am
by ninemm
My wife used to have me "pop the trunk" so she could put her purse in it on occasion and she would keep out her driver's license and a little cash and maybe one credit card. This practice always seemed too obvious to me so we started leaving the back seat unlatched (both of our sedans have rear seats that fold down for trunk access) and made a basket (net) for her purse. She puts her purse in the basket and flips the seat back up and it latches. When she returns to the car, she does have to release the seat from the trunk but it seems more subtle than opening the trunk and putting her purse in it as we leave. Now I have mounted a small locking box to the seat back for those occasions when we will need to leave the gun in the car. Originally, I kept the lockbox (on a cable) under the passenger seat. But I think the new setup will be more secure.