Can you OC in your car

[swinokur]

In many states, your car is treated like your domicile. I am not sure about MD law in this regard.

So I ask for opinions on whether it would be legal to OC in your car

 

[kennyd]

Depends on if your car is in the post office parking lot or on a state/federally owned road, and of course the phase of the moon

 

[swinokur]

I guess I asked for it

 

[outrider58]

I was always under the impression one could keep an 'open' AR pistol in their vehicle while occupied, except of course, in a school parking lot(nowadays). But I know nothink!

 

[Biggfoot44]

I'm going to speculate that this discussion is about otherwise Legal carry , in the post 10/ 01/ 23 SB-1 environment , with " no Open Carry " , and vehicles , such as removing cover garment when climbing behind the wheel .

The Questions revolve around what is Concealed , and what is not .

The guidance will be scratched upon in deep dive of Case Law . 4- 101 and predecessor statutes , especially pre 1972 when Handguns were included , and only Concealed was illegal . ( I don't have an Annotated Article 27 at hand , so rolling from memory ).

In many of these cases , the defense would be contending that ( whatever object ) was concealed . and the State would be attempting to prove it was concealed . Of the ones going to trial in Annotation worthy cases , it would often be about ( objects) in waistband or partially in and out of pockets .

The oversimplified , overgeneralized standard is to the effect of - " Readily Recognizable as a Blah Blah , by a Common Person upon Casual Observation " . ( Cliche examples - a hunting knife sheath visable with handle covered , recognizible . Bottom inch of rounded , closed toe holster - probably not .)

AND - Lots of lawyering back and forth , on the sub topic of whether if Blah Blah was readily recognizable from angle X , but there were observed by LEO from angle Y . Or visable if standing or sitting , in various sequences .

Yeah , I'm being confusing and obscure , without bright line clear answers , but that's accurately reporting the subject matter .

The Biggfoot .*not legal advice * initial answer , subject to more research , or future clarification :

Can your Roscoe be seen / readily identified by common person as a Roscoe , from outside of your vehicle .

Depends on you , your build , your holster, your vehicle , the placement of windows , and etc

Hypothetical Not Legal Advice -
You are left handed / carrying off side for crossdraw , and gun is tight against your body at 9:00 position , and your left hip is in reasonably close to the vehicle door .

It can't be seen by outside observer without either pressing nose to glass , or even sticking head inside the l opened ) window - Probably not " open "

 

[Bob A]

Depends on you , your build , your holster, your vehicle , the placement of windows , and etc

Depends on the LEO and his attitude at the moment, and the prosecutor and his hunger for convictions, the circumstances of the arrest, the political tenor of the jurisdiction, your financial status and ability to pay for heavy-duty lawyers, and your political contributions.

And to a far lesser degree, on the law, such as it is.

 

[eruby]

If by "OC", you mean mean choking the chicken, then CTCCMC

Not sayin' anything. Just sayin'

 

[whiskey3]

So, I have something like this for longer trips, that is now a no go?

 

[outrider58]

In many states, your car is treated like your domicile. I am not sure about MD law in this regard.

So I ask for opinions on whether it would be legal to OC in your car

Only if you are living in your car, can it be considered a permanent domicile in Md., as per this:

Universal Citation: MD Transp Code § 11-113.1 (2015)

IANAL

 

[Threeband]

So, I have something like this for longer trips, that is now a no go?

I would drape a rag or something over that.

Maybe a fake Doritos bag.

 

[outrider58]

I would drape a rag or something over that.

Maybe a fake Doritos bag.

Source?

 

[Mark75H]

I think the only laws relating to how handguns are transported are the permit vs no permit transportation. SB1 requires nonpermit holders to have one of those specified destinations and locked container; pretty certain SB1 and all other MD laws & regs are mute on transport by permit holders. No law, no restriction. If you want to argue, you could say it is undefined, like "bona fide collector", but the way I read it, there is no law regarding how permit holders transport

 

[Slowhand]

I would drape a rag or something over that.

Maybe a fake Doritos bag.
Source?


Doritos bags are commonly available. You can easily source them from your local 7-11.

 

[Threeband]

Source?

1) Go to store.
2) Buy Doritos.
3) Eat Doritos.
4) Wash hands.
5) Cut bottom of bag open.
6) Place bag over cool pistol mount.

 

[outrider58]

1) Go to store.
2) Buy Doritos.
3) Eat Doritos.
4) Wash hands.
5) Cut bottom of bag open.
6) Place bag over cool pistol mount.

 

[eruby]

1) Go to store.
2) Buy Doritos.
3) Eat Doritos.
4) Wash hands.
5) Cut bottom of bag open.
6) Place bag over cool pistol mount.

Mickey Rourke in Diner approves

 

[pcfixer]

1) Go to store.
2) Buy Doritos.
3) Eat Doritos.
4) Wash hands.
5) Cut bottom of bag open.
6) Place bag over cool pistol mount.

Me. One clean microfiber towel covers holster& pistol on the seat on my car.

 

[Bob A]

1) Go to store.
2) Buy Doritos.
3) Eat Doritos.
4) Wash hands.
5) Cut bottom of bag open.
6) Place bag over cool pistol mount.

I'd go with something unappetising; maybe a bag of GMO-Free Kale Chips?

No one is going to bother checking that bag.

 

[whiskey3]

Idntknow…
”
§5–307.
(a) A permit is valid for each handgun legally in the possession of the person
to whom the permit is issued.
(b) (1) Subject to subsection (c) of this section, a permit issued under this subtitle shall restrict the wearing, carrying, and transporting of a handgun by the person to whom the permit is issued to wearing, carrying, or transporting a handgun concealed from view:
(i) under or within an article of the person’s clothing; or
(ii) within an enclosed case.”

sounds like I need a cross draw holster for the truck. Darn, I liked my little pistol holder

 

[outrider58]

I'd go with something unappetising; maybe a bag of GMO-Free Kale Chips?

No one is going to bother checking that bag.

Yes. That Dorito would disappear faster a handgun would...