What does concealed mean when you carry a firearm? You don’t need a special license to purchase a gun in Texas, nor do you need a license to carry a gun in your vehicle after you purchase it. But if you are traveling with a firearm in your vehicle, it must be “concealed” or out of plain sight. The word “concealed” can leave gun owners scratching their heads and unclear on how to abide by state standards.
How would you know if your gun is “concealed” to lawful standards or not?
The truth is, according to attorney Shawn McDonald in Sugar Land, TX, it is a gray area where both the gun owner and law enforcement could have an argument. If you leave the gun or ammunition exposed on a seat or floorboard, that’s clearly in plain sight. If you leave your gun in the glovebox, it is safely concealed. If you have it between the driver seat and center console, it could technically be considered concealed. In that scenario, an officer might be able to spot it by peering through the driver side window. That’s where the gray area leaves room for discretionary opinion.
As you are deciding where to place in your firearm in your vehicle, approach that decision from the mindset of function and safety. You have the gun in your car for a purpose, which is to protect yourself or property should there be a threat. Ideally, the firearm needs to be in close proximity for ease of access. On the reverse, consider how you can safely conceal the firearm for yourself, those traveling with you, and law enforcement. You wouldn’t want an officer to feel threatened by your weapon.
Concealed carry refers to the practice of carrying a concealed firearm in a manner that is not visible to the public. This practice is governed by various carry laws that can differ significantly from state to state, with some states allowing permitless carry, also known as constitutional carry, where individuals can carry concealed handguns without a permit. However, in states that require a concealed carry permit, applicants must often demonstrate firearms safety as well as knowledge of safe handling and storage of weapons permitted under local law. In contrast, open carry involves carrying a firearm visibly, which is subject to different regulations. Understanding the nuances of state law and local law is essential for anyone considering the practice of carrying a concealed weapon, as compliance with these regulations ensures both personal safety and adherence to legal standards.
If you need a quick resource to learn more about gun laws in Texas or another state, you can visit www.gunlawsbystate.com or consult Shawn McDonald and his defense attorneys at SMB Criminal Lawyers.
Video Transcript:
Interviewer: “And when you say inside of a car and it is concealed, what does concealed mean?”
Shawn McDonald: “It is not generally viewable. So, some people… I used to have a jeep. I would carry it under my steering wheel attached to the dash, but it would be right under my steering wheel. So if you kind of looked in my window and you looked way down there, you could see it.”
Interviewer: “Ok.”
Shawn McDonald: “Now I carry it next to me. Next to my seatbelt latch. If you really look, you can see it.”
Interviewer: “Ok.”
Shawn McDonald: “If you are a law enforcement officer and you come up to the window and you are looking way down by my leg, you can see it.”
Interviewer: “Ok.”
Shawn McDonald: “Is that concealed? There’s an argument both ways. Because technically, if he has a tight to be standing at my window and he sees it, it is not concealed.”
Interviewer: “Right.”
Shawn McDonald: “It is what we call plain view. So you know, it is a bit of a gray area, but for the most part I think you would be fine.”
Disclaimer
*This blog post, “What does concealed mean when you carry a firearm?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.