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Holstered Open Carry in a Vehicle…

December 29, 2009 AZ CCW Laws, Vehicle Carry No Comments

Question:  Is it legal to open carry a holstered pistol on your person in the strong side hip position on your belt while driving a motor vehicle in Arizona if you do not have a CCW permit.  The holstered weapon is slid around to the front lateral side of the abdomen so as not to sit on it while driving.  The pistol butt, handle and holster are visible from the drivers side window as well as from other windows.

Answer: This is a pretty tricky question since open carry in Arizona requires that the gun be “wholly or partially visible” when carried in a holster.  The problem is that different people may have a different interpretation of what is “wholly or partially visible”.  The problem is this.  While the situation you describe might be ‘technically’ permissible under the law, a police officer that stops you for a traffic stop might feel that your holstered gun is not ‘wholly or partially visible’ and arrest you on a firearms misconduct charge.  You can avoid this by simply placing the gun on the seat next to you.  An even better solution is to simply get an CCW permit and then you won’t have any issue at all.

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