Carry in vehicle (only in center console or on person) ?

CrackPot

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And to muddy the waters with what the law says vs what everyone thinks it says (and you will get arrested and charged and even possibly convicted based on what they think it says), MGL 140 131C: loaded handgun under your direct control. It is silent on unloaded handgun. As written it is legal for your unloaded handgun to rattle around on the dashboard, in the console, on the floor boards, in the back window, etc. while being transported. When you stop and we shift to storage (140 131L) it needs to be in a locked container or disabled with an approved device but also can be loaded.

In no way advocated the stock piling of unloaded low capacity rifles and shotguns and unloaded handguns in your car, but the law does not prohibit it during transport. Large capacity rifles and shotguns must be unloaded and in a locked container. The law is clear on that.
 

one-eyed Jack

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If you put a little effort into it, you'll find a way to CCW while both walking and sitting in your vehicle with the correct gun and holster. I just slip the NNA .32 into my back pants pocket for the day. Jack.
 

sacksjacked

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Call GOAL or as stated above, Len. You can also see this thread.

Personally, if its not on me, its locked up in my vehicle safe or locked case. Im not going to put LE in a position try to interpret such a gray law.


I agree. It's on me at all times, even if alone in the car. Don't want to give anyone any leash to interpret the law any differently. On you at all times or locked up in a case.
 

Shevchenko

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I'm sure this is going to sound like a dumb question, and with a very simple solution, I'm just curious more than anything, but, I left my physcial LTC at the LGS by accident and didn't notice until the next day, I am going to the range tomorrow morning, in order to posses a firearm and loaded mags (not locked and loaded, but loaded in range bag) in my car, do I need the PHYSICAL ltc or will me having one in the system be enough should I get pulled over? It's obviously easier and avoidable entirely if I just go get it back but the LGS is closed tomorrow
 

swatgig

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I'm sure this is going to sound like a dumb question, and with a very simple solution, I'm just curious more than anything, but, I left my physcial LTC at the LGS by accident and didn't notice until the next day, I am going to the range tomorrow morning, in order to posses a firearm and loaded mags (not locked and loaded, but loaded in range bag) in my car, do I need the PHYSICAL ltc or will me having one in the system be enough should I get pulled over? It's obviously easier and avoidable entirely if I just go get it back but the LGS is closed tomorrow
A cop could Arrest you for carrying without a license and let the courts figure it out. I'm not saying he would, but that he could.
 

AHM

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... do I need the PHYSICAL ltc or will me having one in the system be enough should I get pulled over?
As was discussed in the "Show Me Your LTC", said the LEO.... thread on 13-Jun'16,
neither alternative describes the actual situation.

If you get pulled over while carrying,
and the cop demands to see your LTC
(not if he asks if you have an LTC -
you can legally take the 5th and refuse to answer that question,
no matter how imprudent that might be
)
but you don't have an LTC on you,
then the law says that the cop may (but need not) confiscate your gun
(<- note: "gun" is singular, and the law doesn't say
which gun he can take if you have several with you [rofl]
),
and all you have to do is bring your damned LTC to the police station within 30 days
to get your gun back forthwith.
 

Shevchenko

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As was discussed in the "Show Me Your LTC", said the LEO.... thread on 13-Jun'16,
neither alternative describes the actual situation.

If you get pulled over while carrying,
and the cop demands to see your LTC
(not if he asks if you have an LTC -
you can legally take the 5th and refuse to answer that question,
no matter how imprudent that might be
)
but you don't have an LTC on you,
then the law says that the cop may (but need not) confiscate your gun
(<- note: "gun" is singular, and the law doesn't say
which gun he can take if you have several with you [rofl]
),
and all you have to do is bring your damned LTC to the police station within 30 days
to get your gun back forthwith.

ok, note to self, stop being a moron and leaving shit behind. Luckily I have to go back to the LGS anyways to pick up my new usp on Monday
 

AHM

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ok, note to self, stop being a moron and leaving shit behind. Luckily I have to go back to the LGS anyways to pick up my new usp on Monday
Dude, one time I discovered at the gate at Logan that I'd lost my Mass DL.
(Can only think I left it next to the cash register at a VHS rental joint in Nashua;
how long ago was that?
).
I talked my way onto the plane, like a boss; with no prep.
And onto the return flight.
And got a replacement issued from the Registry,
for free([shocked]),
over the Intarwebs,
no questions asked ([shocked]).
More than 20 years later it still sounds like a fever dream.

I'm just saying your situation is half a notch less bad than you feared.
Keep your foot off the exhilirator pedal, have a good Sunday at the range, and call the FFL when they're open.
(Who may be closed on Monday; do your homework before driving over).
 

42!

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When I do Hunter Ed or NRA, and a question of laws come up, I ALWAYS make it clear that I'm not a lawyer, and that free advice is worth what you pay for it.

MGLs are odd: people without LTCs have been charged with being in unlicensed possession (4 people in one car, one gun in the console, all charged). I'm sure that there are LTC holders jammed up for it not being under their control, in a console.

A while back, when weed was illegal, somewhere I saw that weed in the glove box was under the driver's control (so that they could be charged with possession of weed), and that a handgun in the glove box was NOT under the driver's control, so they could get jammed up.

I guess Humpty Dumpty should have used "control" instead of "glory" as an example of the mutability of meaning.
I got a better one for you, I was charged with possession when I had an LTC and the gun was in locked storage (and disassembled), sure it got dismissed but the record of the charge is still there FOREVER! And I got to pay $$$ for this. Doing everything legal doesn't mean you won't get charged and have to pay to get it dismissed.
 

nstassel

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This is the way these issues play out. Joe crew cut, 1 year out of the academy, pulls you over and sees you have an ltc. Claiming you're acting nervous he pulls you out of the car for his safety. Then he finds your loaded gun in the console entirely out of your control. Or you're driving along minding your business and get hit broadside. You're placed in an ambulance and when your car is towed they find a loaded gun in the console.

Kiss your ltc goodbye. You'll be lucky if you don't end up charged with improper storage.
 
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Shevchenko

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Dude, one time I discovered at the gate at Logan that I'd lost my Mass DL.
(Can only think I left it next to the cash register at a VHS rental joint in Nashua;
how long ago was that?
).
I talked my way onto the plane, like a boss; with no prep.
And onto the return flight.
And got a replacement issued from the Registry,
for free([shocked]),
over the Intarwebs,
no questions asked ([shocked]).
More than 20 years later it still sounds like a fever dream.

I'm just saying your situation is half a notch less bad than you feared.
Keep your foot off the exhilirator pedal, have a good Sunday at the range, and call the FFL when they're open.
(Who may be closed on Monday; do your homework before driving over).

Nicely done! and yea he called me to say the gun i was consigning with him sold and that my USP was ready to come get when he opens up monday morning!
 

drgrant

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Thanks, that's what I was afraid of, I'll just wait til I can get it back

As a side note I have been carrying a gun for just shy of 20 years now and probably been involved in more traffic stops and "LE pings" than probably the bottom 90% of NES.

Let me put it this way, "show me your LTC" to a LEO almost never happens. Even the one time I got a freshly minted trooper that was more on the side of "total dick" spectrum, he still didn't ask to see my LTC. (he already knew, as he had seen it in the computer).

The last time I "needed" to show LTC to a police officer was because I was selling the dude a gun in broad daylight in cambridge in a parking lot... and we were filling out the FA10s on the back of my car. [laugh]

If it was me I wouldn't shit my pants about it and just go pick it up as soon as is practical.
 

AHM

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Let me put it this way, "show me your LTC" to a LEO almost never happens. Even the one time I got a freshly minted trooper that was more on the side of "total dick" spectrum, he still didn't ask to see my LTC. (he already knew, as he had seen it in the computer).

 

quiller

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I have the one and only solution to having your gun in the center console. Put the eefing center console in your pocket....now your favorite pee shooter is under your control. There see...I fix it. Now can we stop talking about this.
 
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Woodsy

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Keep it on your person. As a few mentioned above, depending on the Officer, it could very well be “their” perception it is not under your control and then you get through the judicial system , very undesirable. Gray areas in Mass law is what keep lawyers and court personnel employed.
 
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