Belt carry of firearm in vehicle may be Illegal without CCL

[dallen1x]

I learned something new today from a Silverton LEO.

If you are open carrying (pistol on your belt, small-of-the-back or hip) but then get into a vehicle (let’s say you’re driving) then the firearm will probably be considered ‘concealed’ for the following reasons:

It could be covered by the folds in your shirt.
It could be covered by the seat belt or the buckle.
It’s not in plain view of a LEO.

A concealed firearm is defined as "any firearm . . . which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." Poulakis v. Rogers, 2009 U.S. App. LEXIS 17714 (11th Cir. Fla. Aug. 10, 2009)

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[Mark W.]

Amazing usually the only thing Silverton cops are knowledgable in are the various resturants menues around town and how to talk on their cell phones while driving.

 

[chainsaw]

Amazing usually the only thing Silverton cops are knowledgable in are the various resturants menues around town and how to talk on their cell phones while driving.

Are you sure you're not talking about the Lakeview police?

 

[deen_ad]

Amazing usually the only thing Silverton cops are knowledgable in are the various resturants menues around town and how to talk on their cell phones while driving.

Didn't they just have a shooting at Silver Spur RV park?

 

[ZigZagZeke]

I learned something new today from a Silverton LEO.

If you are open carrying (pistol on your belt, small-of-the-back or hip) but then get into a vehicle (let's say you're driving) then the firearm will probably be considered ‘concealed' for the following reasons:

It could be covered by the folds in your shirt.
It could be covered by the seat belt or the buckle.
It's not in plain view of a LEO.

A concealed firearm is defined as "any firearm . . . which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." Poulakis v. Rogers, 2009 U.S. App. LEXIS 17714 (11th Cir. Fla. Aug. 10, 2009)

ORS 166.250 (3):

(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

What the Silverton cop is ignoring is INTENT. Both the ORS statute and the 11th Dist. Circuit Court ruling imply an INTENT to conceal. It's this kind of poor training that results in some very bad police encounters. Never take a LEO's word for the law.

 

[Mark W.]

Didn't they just have a shooting at Silver Spur RV park?

Yes they did about 3 trailers from my moms fifth wheel I was on the phone to her while it was taking place.

Marion County did the heavy lifting.

 

[mancat]

be careful when asking a cop about CC, because his answer can range anywhere from "I don't know" to "if I can't see it when I'm walking up to your window, then it's concealed."

 

[Oathkeeper1775]

Buy a hunting/angling license and throw a fishing pole in the vehicle.........

ORS 166.260 3(b)

Not having a fish to bring home doesn't mean you haven't been fishing; especially if you have the same success ratio I have.

 

[mjbskwim]

Any handgun in a car in Wa is considered a concealed weapon.

That's the funny thing about the Utah permit,most of the states that honor it don't see a gun in a car as concealed.

 

[JAFO]

Any loaded handgun in a car in Wa is considered a concealed weapon.

That's the funny thing about the Utah permit,most of the states that honor it don't see a gun in a car as concealed.

fixt

 

[rds801]

Buy a shotgun, Buy a shotgun!

 

[ZigZagZeke]

Buy a shotgun, Buy a shotgun!

And shoot it out the window! Just 'cuz!

 

[SturgeonSlayer]

And shoot it out the window! Just 'cuz!

you should be ok by doing so. just ask our great vice prez.