I posted a question regarding "plain view" in the carry forums, but it also pertains to GA code.  Instead of re-posting the poll and pictures here, I am providing a link for anyone who would like to chime in.

Thanks.    

In GA, that would NOT be "in plain view."

Please see the rulings in Moody v. State, Ross v. State & Lindsey v. State on TheGeorgia Packing Firearm Caselaw Page


From Moody:

"While standing near the door checking appellant's driver's license, the officer saw what he recognized as the handle of a gun protruding from under the driver's seat of appellant's vehicle.

...

As was pointed out in Stripling, the law forbidding the carrying of concealed weapons was designed to put those dealing with such persons on notice so that they could govern themselves accordingly. Here, a gun slightly protruding from under the seat of a vehicle does not put others on notice and, therefore, is not "fully exposed" within the statute governing such weapons."






From Ross:

"The trooper observed no evidence of alcoholic impairment, but as he was talking to Ross, he saw the butt of a handgun in the backseat near the area where he had seen Ross reaching, stuck between the back and bottom parts of the seat. The gun looked like a semi-automatic, but the trooper could see only the grip part of the gun.

...

Before considering the pat-down and consent issues, however, we first consider whether the trooper had probable cause to arrest Ross after seeing the partially concealed handgun in the backseat. While OCGA § 16-11-126(d) permits "transporting a loaded firearm  in any private passenger motor vehicle in an open manner and fully exposed  to view or in the glove compartment, console, or similar compartment of the vehicle," a gun half-hidden in the seat is not "fully exposed " and therefore constitutes an illegal concealed weapon."

(emphasis added)



So, regardless of what the ARFCOM legal team advises, you are carrying illegally if you carry like that.

But, if you have your Georgia Firearms License, and carry like that, it should be good to go, as you are allowed to carry concealed.  It's one of thsoe areas, I think, that depends on the officer. Some I have met do not even know about carrying open and exposed on the seat is legal in Ga, even for a non permit holder.  Yet, I still can't carry a loaded long arm in the vehicle...

Only once have I been pulled over while carrying, and I just handed the trooper my carry permit with my DL. he asked if I was carrying, and the location of the gun.  At the time, it was in my camel back Hawg in the seat next to me. he just asked me to step out and said he appreciated letting him know that I was armed.

I also got just a warning. Turns out, you can accelerate too fast to the speed limit on an on-ramp.

Quoted: I also got just a warning. Turns out, you can accelerate too fast to the speed limit on an on-ramp.

Thanks for the tip.  That could save me some money in the future.  

Quoted: Only once have I been pulled over while carrying, and I just handed the trooper my carry permit with my DL. he asked if I was carrying, and the location of the gun.

Careful, with that too.

According to the ruling in Megesi v State, once the officer knows you have a weapon, he is legally able to go into your vehicle (without your consent) to retrieve it.

"The issue presented here is whether it is permissible under our federal and state Constitutions for an officer involved in a traffic stop to temporarily take physical possession of a firearm in a vehicle even though the driver has not given the officer reason to think he is dangerous. We conclude that our Constitutions permit such a practice."

I wouldn't give up my 4th amendment protections by giving the officer information he didn't ask for.

Quoted: According to the ruling in Megesi v State, once the officer knows you have a weapon, he is legally able to go into your vehicle (without your consent) to retrieve it. "The issue presented here is whether it is permissible under our federal and state Constitutions for an officer involved in a traffic stop to temporarily take physical possession of a firearm in a vehicle even though the driver has not given the officer reason to think he is dangerous. We conclude that our Constitutions permit such a practice." I wouldn't give up my 4th amendment protections by giving the officer information he didn't ask for.

Wow, that is interesting. I don't have anything to hide, but that is food for thought.


ByteTheBullet  (-:

In the picture in the link, there is far more recognizable than just the butt of the pistol.  There is clearly a properly-holstered pistol sitting there in plain view. Looks like it's in "plain view" to me.  It'd take a real dumbass-asshole to cite somebody for carrying like that.  I guess that's why we all need to carry digital cameras with us.  I'd want a pic to carry into court if I did run into that occasional dumbass cop who'd give me a ticket for something like that.

As to not giving information to an officer that he doesn't need to know, what the hell does that have to do with surrendering your weapon to the officer if asked?  Inquiring minds want to know.humble
Considering the dismal standards for becoming a law enforcement officer in GA, wouldn't it make sense to get a firearms license, so there'd be no question as to the legality of the carry method?  

Quoted: In the picture in the link, there is far more recognizable than just the butt of the pistol.  There is clearly a properly-holstered pistol sitting there in plain view. Looks like it's in "plain view" to me.  It'd take a real dumbass-asshole to cite somebody for carrying like that.  I guess that's why we all need to carry digital cameras with us.  I'd want a pic to carry into court if I did run into that occasional dumbass cop who'd give me a ticket for something like that.

I agree that common sense would dictate that a pistol that can be seen is "in plain view."  The courts clearly do not think so.  

Quoted: As to not giving information to an officer that he doesn't need to know, what the hell does that have to do with surrendering your weapon to the officer if asked?  Inquiring minds want to know.

If you don't voluntarily tell the officer that you have a weapon, he does not have the right to enter your vehicle without your consent.  If he asks if you have any weapons, there are ways to answer that do not tell him you have a weapon and are not lies.  "Am I free to go?" is a pretty good answer to any of the officers fishing expedition questions.  Or maybe just keep your mouth shut.

Quoted: In my humble opinion, the cases cited aren't germane to the picture posted in the link.

The cases I cited are directly related to the issue of this thread because the rulings issued by the courts directly adress the nature of what is "concealed" and what isn't.

height=8

Turns out, you can accelerate too fast to the speed limit on an on-ramp.

Huh?  What would be the charge?

Quoted: Turns out, you can accelerate too fast to the speed limit on an on-ramp. Huh?  What would be the charge?

Third degree vehicular imprudence

Aggravated hybotchery

height=8

Quoted: height=8 Quoted: In the picture in the link, there is far more recognizable than just the butt of the pistol.  There is clearly a properly-holstered pistol sitting there in plain view. Looks like it's in "plain view" to me.  It'd take a real dumbass-asshole to cite somebody for carrying like that.  I guess that's why we all need to carry digital cameras with us.  I'd want a pic to carry into court if I did run into that occasional dumbass cop who'd give me a ticket for something like that. I agree that common sense would dictate that a pistol that can be seen is "in plain view."  The courts clearly do not think so.   height=8 Quoted: As to not giving information to an officer that he doesn't need to know, what the hell does that have to do with surrendering your weapon to the officer if asked?  Inquiring minds want to know.he height=8 Quoted: In my humble opinion, the cases cited aren't germane to the picture posted in the link.   The cases I cited are directly related to the issue of this thread because the rulings issued by the courts directly adress the nature of what is "concealed" and what isn't. Maybe it's just a matter of semantics, but I was talking about carrying inside a vehicle in plain view.  In that instance, there's nothing wrong with the cop's asking to take temporary possession of the firearm. You did an outstanding job of posting those court cites, which, in my opinion, which apparently differs from yours, aren't germane to the picture posted in the link.  Maybe you don't understand what "germane" means, or maybe you looked at a different picture than the one I saw.

I used to drive a car with a split bench front seat and wedging my .357 revolver in the "split" was a perfect place for my car carry (easy access and secure).

I went through a DUI checkpoint and the officer said I needed a GFL to with my gun like that  and, fortunately, I had one.

As I was about to pull up to the next officer the previous officer radioed that I had a gun and said I shouldn't make any sudden moves and be calm.  My response, "you too". We gave each other the Clint Eastwood Fist Full of Dollars stare and then smiled.