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CHP/handgun in vehicle
lunchbox:
So what is the dang law regarding long guns in my trunk? It is unclear to me and have heard differing opinions. Can I carry a loaded rifle in my trunk? Or does it have to be cased and unloaded?
loader18:
Thanked my instructor told me one is considered in possession of a concealed handgun if the gun is in your vehicle and its loaded. I dont think it matters if its locked, its still loaded so its considered conceaked. I dont know about if its in plain view but really, who does that anyway? He said having the gun unloaded and ammo separated from the gun and not readily accessible to occpants in the vehicle is considered "transporting a firearm" which is lawful. I don't know how "transporting" works with someone under age, or if there are any real concerns with that. Someone please correct me if I'm wrong
barmandr:
With the exception of shotguns, you are legally allowed to have a loaded firearm in your vehicle provided it is in plain sight. This is state law.
JTH:
--- Quote from: farmerbob on August 09, 2014, 02:17:17 PM ---Few gray areas like every law. Someone with a CHP can't conceal a long gun, if I carry one in my truck I like to have it in a gun case, technical that makes it concealed. Hmmmmm. ???
--- End quote ---
I think the problem that people are having with this statement is that it isn't specific enough to determine the actual answer.
For example, if your rifle was encased but unloaded---then no, you aren't necessarily carrying concealed. Instead, the laws you might be operating under would be those for transporting firearms, which are very different. For proper transportation there are some other requirements also (which is a different discussion) but again---merely having a firearm in a case does not automatically make it a concealed weapon.
Matter of fact, having a handgun (which is specifically enumerated in the concealed weapon statute) in a case does not make it a concealed weapon necessarily. For example, if I have an unloaded handgun in a locked case at the back of my car (my car doesn't have a trunk) that is not a concealed weapon, instead it is merely a firearm being transported legally.
So----going back to what started a lot of this: "Someone with a CHP can't conceal a long gun, if I carry one in my truck I like to have it in a gun case, technical that makes it concealed. "
Correct in that having a concealed carry permit does not allow having a concealed long gun, incorrect that having one in your truck in a gun case is automatically an illegally concealed weapon.
For folks wanting to know about transportation, here is the federal law regarding transporting a firearm:
http://www.law.cornell.edu/uscode/text/18/926A
Basically:
--Firearm unloaded
--Firearm and ammunition not accessible from the passenger compartment (i.e. in the trunk)
--If vehicle has no trunk, firearm and ammunition in a locked container other than the glove box or console.
So an unloaded rifle and a box of ammo (or a loaded magazine NOT in the rifle) in your trunk is legal for transportation. An encased-and-locked unloaded rifle in the passenger area where the ammo is also locked up is similar legal for transportation.
If the firearm is loaded, that takes you out of the protection of the federal transportation statute, and leaves you with state laws regarding concealed and open carry.
CitizenClark:
--- Quote from: jthhapkido on August 10, 2014, 07:47:19 AM ---For folks wanting to know about transportation, here is the federal law regarding transporting a firearm:
http://www.law.cornell.edu/uscode/text/18/926A
Basically:
--Firearm unloaded
--Firearm and ammunition not accessible from the passenger compartment (i.e. in the trunk)
--If vehicle has no trunk, firearm and ammunition in a locked container other than the glove box or console.
So an unloaded rifle and a box of ammo (or a loaded magazine NOT in the rifle) in your trunk is legal for transportation. An encased-and-locked unloaded rifle in the passenger area where the ammo is also locked up is similar legal for transportation.
If the firearm is loaded, that takes you out of the protection of the federal transportation statute, and leaves you with state laws regarding concealed and open carry.
--- End quote ---
Be advised, that section of FOPA only applies to interstate transport of firearms, not intrastate transport.
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