Define "concealed" or "in plain sight"

[Mexican_Hippie]

Get a good lawyer and hope the DA will cut you some slack based on your lack of criminal history. That's really your best bet.

....exactly.

I presume the car was travelling down the road when he was pulled over......

By definition cars are used for travel, but in the world in which we live...........................

 

[Renegade]

Hello all, I am a gun carrying citizen that exercises my right under HB1815. Yesterday morning I was stopped by my local PD for no front license plate. Upon our interaction, the officer saw my pistol that I keep under my steering wheel in between my legs. After that all hell broke loose. I was held at gun point and told to exit my vehicle. Within what felt like seconds, more units arrived again with guns drawn after I was already at the back of my truck. The only questions I was asked were am I a police officer and why did I have it, both in succession to fast for me to even answer before his gun was drawn down on me. Spent the day in county for that. My question is what is the definition of concealed or in plain sight? From his angle which is basically head in my window, of course it can be seen. But from a normal passer by or another vehicle sitting in traffic, not a chance it can be seen. And for those LEO's out there....was this the correct procedure for them to use? I really feel it was overkill. They asked those questions but never waited for a response, and took me straight to the PD. Im a clean cut caucasian driving a nice vehicle that posed no threat and followed commands as well as I could. They were coming at me very quickly. Now im being charged with unlawful carry and Im pissed to say the very least. Im just looking for feedback on how I should proceed and if this was the correct way it should have went down. Thanks guys,
Tommy

You proceed by STFU and getting a lawyer.

 

[Renegade]

BTW, UCW is NONAPPLICABLE if:

(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;

This is why "NEVER TALK TO THE POLICE" is so important. Hopefully you were not dumb enough to tell them where you were going or coming from.

ETA:

OK saw Bithabus covered this in Post #36.

 

[Renegade]

There is no definition in the code

But there are hundreds of Case Law examples.

 

[Renegade]

Shame you did not just place a rag over the exposed part.....

I run front and rear plates and do not even get pulled over.

Just Sayin.

 

[ZX9RCAM]

I run front and rear plates and do not even get pulled over.

Just Sayin.

True dat!

 

[Bithabus]

But there are hundreds of Case Law examples.

There is case law.

 

[Renegade]

I hate to see shit like this happen to otherwise good people. Running no front plate, or expired stickers, is a NEON sign saying pull me over.

 

[biglucky]

I run front and rear plates and do not even get pulled over.

Just Sayin.

+1000 This would never have been an issue if the OP had been in compliance with the law he was pulled over for. APD guys are gonna always err on the side of get a mofo out of the car, away from the weapon, and into a cell. There have been way to many incidents in Austin that didn't go their way and they don't have a good chief backing their play so that is just the way it is...

 

[Renegade]

Was it this one?

Gum Creek - Vehicle Holster Mount, Steering Wheel Handgun Mount, Anti-CarJacking, Anti Car Jacking

 

[ZX9RCAM]

/\/\...that's what I was thinking.

 

[TommyT]

its a tough break but im going to have to take my lumps and get through it best I can. I also put the front plate on the vehicle this morning.

 

[TommyT]

Same type position as that but , just in a abs holster clipped underneath like that. Not in a toyota so, didnt hang down near that bad. It tucks up much farther. I wouldnt even consider mounting it like that

 

[TommyT]

+1000 This would never have been an issue if the OP had been in compliance with the law he was pulled over for. .

I agree 100% on that

 

[Younggun]

I would recommend if this is the area you choose to keep the firearm, take a dish towel and attach the holster where the towel is clamped between the holster and column. That way the towel will drape down keeping the weapon from being visible.


Sent from my iPhone using Tapatalk

 

[Tejano Scott]

Bummer... Keep us posted on the progress....

 

[deemus]

Bummer... Keep us posted on the progress....

Ditto. Please let us know how it ends up.

 

[Driller]

The cop did not give a crap about that front license plate. This gives LEO an excuse to stop you, this goes for inspection stickers, broken lights,..etc..If you did not have that handgun he would have let you go with a warning. he really was looking for drugs or drunk driver since statistically one out of every 10 drivers on the road is impaired. There is nothing wrong with that rig under the steering wheel while you are driving. Once you are stopped and the cop walks up to you and saw it then it was no longer concealed. Next time when you pull over stick that handgun under the seat.

 

[Mexican_Hippie]

The cop did not give a crap about that front license plate. This gives LEO an excuse to stop you, this goes for inspection stickers, broken lights,..etc..If you did not have that handgun he would have let you go with a warning. he really was looking for drugs or drunk driver since statistically one out of every 10 drivers on the road is impaired. There is nothing wrong with that rig under the steering wheel while you are driving. Once you are stopped and the cop walks up to you and saw it then it was no longer concealed. Next time when you pull over stick that handgun under the seat.

Even if everything you say is true...it's not the best idea to be grabbing a gun and throwing it under the seat as the officer pulls you over or is walking towards the car.

 

[Renegade]

Even if everything you say is true...it's not the best idea to be grabbing a gun and throwing it under the seat as the officer pulls you over or is walking towards the car.

+1

Thus you need to do it as soon as you see him driving behind you.