Floorboard question

[McCrown]

If I have a pistol in a holster down on the floorboard of my truck with nothing covering it, it it considered open carry? Is this a safe, viable option for me to transport a pistol?

Any reason why not.

Discuss.

[epcii]

To be considered open-carry in a vehicle, I think it still has to be on a belt holster.

[dantodd]

open carry in a car is likely to cause even more drama than other forms of open carry. Also, you are much more likely to have the time to unlock and load a gun from your car than walking down the street. (yes I am familiar with the recent gas station shooting where this was not the case but I did say "more likely)

You may well be within 1000' of a school and get pulled over. Don't assume that just because you DIDN'T know there was a school nearby that you will not be tried and convicted.

If you are STILL contemplating open carry in the car wear it on your belt (that's specified in the PC) or have VERY obviously in the open. It is quite simple for an officer to say the gun was partially under the seat or hidden by the center console etc. thus jamming you up for concealed carry. Also, if you have law enforcement encounter while open carrying in a car you should expect to spend a considerable amount of time waiting for the officer to figure out if it is legal and if he can jam you up for anything else because you upset by carrying the gun.

[MrClamperSir]

It would likely be considered concealed.

Safe? If it's sliding around it wouldn't safe. Just like anything sliding under your feet when driving an automobile.

Viable? NO!

[johnthomas]

If it cannot be seen through the windows, it is concealed. On the floor board might be thought of as it slipping from under the seat. A LEO pulls you over, flashes his light around the compartment and spots the gun will result in you being laid out on the ground with guns pointed at you. My thought about guns being pointed at me is that I am one finger pull, one twitch, one slip away from being dead. That is risky behavior..

[wash]

It's a really viable way to get arrested.

[I open carry]

If it cannot be seen through the windows, it is concealed. ......

WTH? Where did you get this from? STOP spreading false info. please. If the gun in on your belt holster, in most cases it can not be seen until you open the door and get out(if right handed) or open the door(if left handed).
It does not have to be able to be seen from outside thru the window.


The rest of your post was good advice. Thank you for that.

To the OP. Please, do not let the firearm slide around on the floor of your truck. This is not the place for it. IF you want to open carry, please, put the holster on your belt.
Watch out for school zones, and KNOW THE LAW.
IF you choose to carry while driving, keep a lockable container on the seat next to you to be used if you need to cross into the 'zone'.

[CitaDeL]

If I have a pistol in a holster down on the floorboard of my truck with nothing covering it, it it considered open carry? Is this a safe, viable option for me to transport a pistol?

Any reason why not.

Discuss.

Answered below.

To be considered open-carry in a vehicle, I think it still has to be on a belt holster.

No. If it is sitting in the seat or on top of a console, it would be very difficult to argue that it was concealed. The belt holster is an unabiguous definition which would make it a certain exception to 12025, and not a test case scenario.

open carry in a car is likely to cause even more drama than other forms of open carry... If you are STILL contemplating open carry in the car wear it on your belt (that's specified in the PC) or have VERY obviously in the open.

Agreed. Your firearm should be secured in a holster on your belt and not be allowed to slide to and fro on your seat or on the floorboards of your vehicle.

It would likely be considered concealed.

Safe? If it's sliding around it wouldn't safe. Just like anything sliding under your feet when driving an automobile.

Viable? NO!

Disagreed on the point that it would be concealed. Agreed that if it is sliding around unsecured, it is a legal liability.

If it cannot be seen through the windows, it is concealed.

FUD. You may not be able to see my pistol openly carried in my belt holster from outside the windows of my vehicle, but that doesnt make it concealed- and the statute even says so.

[MrClamperSir]

Disagreed on the point that it would be concealed. Agreed that if it is sliding around unsecured, it is a legal liability.

I know I wouldn't take the risk of that being looked upon as carried openly.

[Ubermcoupe]

It would likely be considered concealed.

I agree. It may not actually be "concealed" but I believe that would be one of those "prove it in court" type deals, and with the way the laws are still written that would not be a legal battle that I would like to fight.

[MrClamperSir]

I agree. It may not actually be "concealed" but I believe that would be one of those "prove it in court" type deals, and with the way the laws are still written that would not be a legal battle that I would like to fight.

Exactly.

[Obviously a Plant]

Why do I have the impression that if you don't have a carry license, any handgun needs to be transported unloaded in a locked container that is not the glove box?

[MrClamperSir]

Why do I have the impression that if you don't have a carry license, any handgun needs to be transported unloaded in a locked container that is not the glove box?

Sounds like I've heard this discussed before. Something to do with the transportation of the handgun in a vehicle, making it so it needs a locked container.

[Anchors]

Why do I have the impression that if you don't have a carry license, any handgun needs to be transported unloaded in a locked container that is not the glove box?

Wrong. I'll quote E Pluribus Unum from an old thread since he will likely post shortly anyway.
PLEASE NOTE, I THINK UOC IN A CAR IS A TERRIBLE IDEA. PERIOD.

You both are full of it. Please please please KNOW THE LAW BEFORE YOU REPEAT IGNORANCE.


Read Penal Codes 12025 and 12031.

The only time a locked case is required is this:

Within 1000 feet of a school, and only when the person should have reasonably known he was in a school zone.

When the firearm is CONCEALED.

If a handgun is in plain view, and you are not within 1000 feet of a school, you can have a fully loaded magazine duct-taped to the gun and that still does not constitute loaded.

Transporting a handgun openly in a belt holster is perfectly legal.

A loaded weapon is: Rounds in the magazine, and that magazine in the magazine well; OR a round in the chamber; Anything less than this is not loaded. (Read 12031PC and People v. Clark 1996)

[MrClamperSir]

Yeah that’s the thread I was thinking about. Thanks Ryan.

It's the concealment that makes for the lock box not the transportation.