# Does a Holster Count as a Case



## Binable (Aug 26, 2013)

It seems like someone told me a gun must be in a case if being transported in a vehicle. ..not sure if this is true or not. Would a holster count as a case? Heck, I saw a military holster the other day that dang near completely enclosed its handgun--not much of the gun was showing. Would a holster like this count as a case? What about a holster that revealed more of the firearm?


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## Cait43 (Apr 4, 2013)

Highly unlikely......... 

By definition the answer is no............


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## SouthernBoy (Jun 27, 2007)

No. However in most states, you are not required to case your sidearm when traveling in a motor vehicle. You may keep it in your holster.*

Now if you are traveling through a state which does not honor your permit or does not allow open carry, you must case your firearm, unloaded, with the ammunition separate, and placed in a location where it is not within your reach.


* This assumes you either have a carry permit and/or you live in a state where you can carry openly.


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## BackyardCowboy (Aug 27, 2014)

Think they would need to be in a _lockable_ secured case.


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## SouthernBoy (Jun 27, 2007)

BackyardCowboy said:


> Think they would need to be in a _lockable_ secured case.


Most gun cases shipped with a handgun are lockable. And lockable does not mean locked. As I understand the 1986 FOPA, the most significant part is that the firearm(s) be in a location that is not immediately accessible to the occupant(s) of the vehicle. I'm not sure about them being required to be locked. I also have it on pretty good authority that Maryland and New Jersey are notorious when it comes to traffic stops of out of staters who have properly stored firearms being arrested and told they'll just have to work it out in court.


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## SailDesign (Jul 17, 2014)

In RI, you are required to have your gun cased in the car, preferably locked into it. A holster doesn't do it, legally. A soft pistol rug is OK if it is not accessible from the driver's seat, given the "locked" part, but a hard case is preferred.

As said above, though - things change from state to state and RI is pretty tough on that.


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## SouthernBoy (Jun 27, 2007)

SailDesign said:


> In RI, you are required to have your gun cased in the car, preferably locked into it. A holster doesn't do it, legally. A soft pistol rug is OK if it is not accessible from the driver's seat, given the "locked" part, but a hard case is preferred.
> 
> As said above, though - things change from state to state and RI is pretty tough on that.


I assume this is a moot point if you have a carry permit. Does RI allow open carry?

Also in Virginia, you do not have to have a concealed carry permit to conceal your sidearm in a glovebox or a console. That is perfectly legal. And neither of those containers need be locked.


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## SailDesign (Jul 17, 2014)

SouthernBoy said:


> I assume this is a moot point if you have a carry permit. Does RI allow open carry?
> 
> Also in Virginia, you do not have to have a concealed carry permit to conceal your sidearm in a glovebox or a console. That is perfectly legal. And neither of those containers need be locked.


RI has NO open carry, unless you are LEO or licensed security.

Even CC is all fcuked up. It is supposed to be "shall issue" through your local PD, or "may issue" through the attorney general's office. Of course, no local PD's have a "system" in place to deal with it, and refer you to the state AG's office.


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## paratrooper (Feb 1, 2012)

No, a holster is not a case.


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## denner (Jun 3, 2011)

Binable said:


> It seems like someone told me a gun must be in a case if being transported in a vehicle. ..not sure if this is true or not. Would a holster count as a case? Heck, I saw a military holster the other day that dang near completely enclosed its handgun--not much of the gun was showing. Would a holster like this count as a case? What about a holster that revealed more of the firearm?


In what state are you referring to? Depends on that particular state's statute. Here's Florida's for example:

790.001 (17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

Strickly speaking, I don't believe a " gun case" is considered a "holster" and vise-versa.


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## Binable (Aug 26, 2013)

The NRA really needs to push hard on Reciprocity. It's really difficult keeping up with the laws. I'm in Illinois & we've been battling the 2nd Ammendment issue for the last two yrs. These guys could change tomorrow whatever the law is today. ..appreciate the input.


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## denner (Jun 3, 2011)

Binable said:


> The NRA really needs to push hard on Reciprocity. It's really difficult keeping up with the laws. I'm in Illinois & we've been battling the 2nd Ammendment issue for the last two yrs. These guys could change tomorrow whatever the law is today. ..appreciate the input.


I agree with you.


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## SailDesign (Jul 17, 2014)

denner said:


> I agree with you.


Yup! Same for driving rules.

I think the overly-regulated states like RI, NJ and MA f'r'instance, hate the thought as it would undoubtedly mean they'd have to loosen up. The under-regulated (by comparison - not chucking rocks here) worry that they'd lose "freedoms" they currently enjoy. I don't honestly think ANYONE is pushing for full reciprocity when they actually think about averaging out the laws..... And we all know that would be the outcome.


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## berettatoter (Sep 1, 2011)

In places that require you to have your gun in a case, that case usually has to have a means to be locked. A holster does not meet those requirements. I am not saying that you have to have a lock of some sort, on the gun case. Different places have different rules to follow. Some states say you have to have a trigger lock on your firearm, and the gun cannot be loaded, and the ammo be stored in a different place than the cased gun is at. 

If you are traveling to some place that you are not familiar with, you need to do your homework before going. No need finding out the hard way.


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## OldManMontgomery (Nov 2, 2013)

If one is going to travel, one is smart to question authorities in the various states in which one is going to travel. Preferable through the State website which allows emails and questions. Do not ask handy police officers, if they make a mistake - even in good faith - the violator is still responsible under the law.

Most places that require 'cased' firearms intend for the arm to be inaccessible to the driver - at least while driving. Usually locked in a case with ammunition not with the arm. Often the ammunition must be in a separate, locked container (case). 

All states have their own laws. The traveller is responsible for knowing the laws of the jurisdiction. Don't speed, make odd turns or cut off other drivers, either. It makes one look 'flaky'.


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## BigHead (Jul 5, 2015)

Binable said:


> It seems like someone told me a gun must be in a case if being transported in a vehicle. ..not sure if this is true or not. Would a holster count as a case? Heck, I saw a military holster the other day that dang near completely enclosed its handgun--not much of the gun was showing. Would a holster like this count as a case? What about a holster that revealed more of the firearm?


No, a holster is not a case, a case is something to store the gun in. Even a military holster is not a case.
But, I have carried a gun in 3 different states; on the seat of my car. Or on my person, in a holster.
So, you see it depends upon the state.
Do not depend upon advice from friends/cops/anyone else, read up on it. You would not believe how easily you can carry a gun in some states.
Or, the Hell it can be in other states.


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## casurvivor (Jan 23, 2015)

depends on the state, check your state law or the one you traveling thru.


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## thethermr (Jul 21, 2020)

This is super late but given the current times I have been looking a lot into this.

As many have said yes it will require what your state's official code has to say about it.

I live in Georgia where the laws are a little more relaxed.

It says that even without a weapons carry license you can legally ( as long as you have no other reason for which you cannot legally obtain and own a gun ) have a handgun on your person as long as it is unloaded and in a case.

I came to the same conclusion that a holster 'might' be considered a case.

I then went to check the OCGA definitions pertaining to weapons and nowhere does it describe what a gun case is nor what the definition of loaded means therefore without the code stating that a case has to fully encompass the gun and also be lockable then they can not hold you to that definition.

I am not a lawyer but I do know that nothing can be left up to interpretation so if they do not state in the definitions section of the specific part of the code then nothing beyond what has been spelled out can be held against you. 

Yes you might still end up having to fight it in court but I have a feeling most competent lawyers could be able to win this if you have a handgun not concealed but in a 'case' and not loaded, i.e. one in the chamber. 

I assume one not being in the chamber will count as 'not' loaded because no definition is given for the term loaded or unloaded and we all know that no gun can fire that does not have one in the chamber; therefore, I would argue the gun is unloaded.


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