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Exactly what is the definition of concealed when it comes to a handgun in your vehicle? If I have a towel over my handgun in the seat is that concealed? If it's tucked under the dash in a special holster (can be seen if you look for it)? If it's not quickly accessible it sort of defeats the purpose.

Texbow wrote:Exactly what is the definition of concealed when it comes to a handgun in your vehicle? If I have a towel over my handgun in the seat is that concealed? If it's tucked under the dash in a special holster (can be seen if you look for it)? If it's not quickly accessible it sort of defeats the purpose.

Covered is fine, it just can't be out in plain sight "uncovered" where someone looking in the car can see it. Especially not on the dash like some used to do.

Right. Concealed in the vehicle means pretty much the same thing it means when you're walking around. I would not drive around with my gun on another seat. In the very likely event of having to use my brakes at an unplanned time it will only go flying onto the floor.

Plus, I hope you would not leave it anywhere covered so that it looks like something covered that can be seen by anyone just walking by checking for things to steal.

Texbow wrote:Exactly what is the definition of concealed when it comes to a handgun in your vehicle? If I have a towel over my handgun in the seat is that concealed? Yes
If it's tucked under the dash in a special holster (can be seen if you look for it)? If it's not quickly accessible it sort of defeats the purpose.

I mean same as on body, "printing" through a towel/shirt is concealed
Are you, in the second question, asking if it "can be seen" a gun in a holster not covered by anything ...if it's concealed?
Open carrying, where it "can be seen" ... isn't "concealed"

definition of concealed when it comes to ...

concealed
past participle, past tense of con·ceal (Verb)
Keep from sight; hide.
To prevent disclosure or recognition of
To place out of sight <concealed himself behind the door>.

"can be seen" (if you look for it) would be an antonym/opposite of concealed

Of course only the gun needs to be concealed, an unconcealed holster/"can be seen" holster isn't illegal
http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view;

[youtube]http://youtube.com/watch?v=VJK4n1z29ag[/youtube]

...velcro is wunnerful stuff...you can make flip-back covers, pouches, attach holsters...you can easily come up with a place where it's quickly accessible yet out of sight to someone walking by or driving by your vehicle...key word being quickly...

I have a couple situations. If I take my weapon off my person while driving and place it in the seat next to me under a towel, paper or whatever as long as it is not seen (unless you go looking under the towel) and are pulled over by a LEO, am I legal? It's not printed, just on the seat under some object out of sight unless you move things around.

I have a full size SA that I leave in my vehicle. I have a holster that attaches with Velcro. It actually comes with extra Velcro pads for multiple placements. I have it mounted under the dash riding just right of my leg on the center console. In a normal situation it cannot be seen unless your looking for it. Certainly not by looking in the window. I guess if your standing in the right place as I open the door and are looking in that area, you might see it. I basically want to be able to draw the weapon with little effort and noticeable body movement. My thought was that if the placement was "marginal" as defined by law on being concealed that I could place a golf sized towel to drape over the holster that would not impair drawing the firearm but provide no clue as to what was under it.

Thoughts?

...correct in both instances...you've got a good understanding of the law...

As speedsix stated, you are correct on both. The only concern I would have is i recommend never putting a firearm unrestrained in the vehicle. Just laying under a towel could allow the firearm to become unconcealed in the event of a hard braking or accident situation. Secured is much better.

The guys are right. One more nitpicking comment is the concealment standards for MPA are different than CHL.

The MPA standard is "the handgun is in plain view" and IANAL but I think there's probably a lot of case law what "in plain view" means.

Just like "brandishing" doesn't mean anything specific in Texas Penal Code, neither does "printing". I had that explained to me a couple of times when I joined this forum.

My truck has a space in the driver side door I put my .38 or .357 in it and put a rag over it

C-dub wrote: I would not drive around with my gun on another seat. In the very likely event of having to use my brakes at an unplanned time it will only go flying onto the floor.

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Just a note to females out there who chose to carry in their purse--the same thing applies. On the occasions that I do have my gun in my purse, my purse gets seatbelted through the straps and fastened.

smoothoperator wrote:The guys are right. One more nitpicking comment is the concealment standards for MPA are different than CHL.

The MPA standard is "the handgun is in plain view" and IANAL but I think there's probably a lot of case law what "in plain view" means.

Please explain.

I thought under MPA, the gun still has to be concealed inside the vehicle.

tboesche wrote:

smoothoperator wrote:The guys are right. One more nitpicking comment is the concealment standards for MPA are different than CHL.

The MPA standard is "the handgun is in plain view" and IANAL but I think there's probably a lot of case law what "in plain view" means.

Please explain.

I thought under MPA, the gun still has to be concealed inside the vehicle.

Yes, the MPA standard is "the hangun is NOT in plain view".

...correct...but he was quoting the statute...and that's where the confusion comes in...the statute defines what constitutes a violation...so if we don't commit those elements of what's defined as a crime...we're OK....