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

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I took a continued class. The instructor said with a unrestricted MA license in the vehicle you need to carry on you directly on ONLY in the center console (while loaded and not locked)
I purchased and have not used a underseat mount for one vehicle and the other vehicle I have a mount that goes to the side of the console that is hidden by the drivers leg at all times. Would these mounts be improper? I do not have vehicles with consoles
 
I believe the intent of what you may have been told was that the firearm needs to be under your direct control. If a passenger (who is unlicensed) can access the center console, I do not believe that would satisfy the intent of the law.
 
I believe the intent of what you may have been told was that the firearm needs to be under your direct control. If a passenger (who is unlicensed) can access the center console, I do not believe that would satisfy the intent of the law.
The example was you alone in the vehicle. Firearm would need to be on your person or in the "center console" only if not locked in storage. No mounts or underseat mounts.
 
The example was you alone in the vehicle. Firearm would need to be on your person or in the "center console" only if not locked in storage. No mounts or underseat mounts.

perhaps the implication, based upon that officer’s interpretation, is that the “center console” would be considered in your immediate or direct control. To my knowledge, that’s not codified anywhere, nor am I familiar if tested in case law... others on here are more up on the case history than I am.

paging @Rob Boudrie
 
perhaps the implication, based upon that officer’s interpretation, is that the “center console” would be considered in your immediate or direct control. To my knowledge, that’s not codified anywhere, nor am I familiar if tested in case law... others on here are more up on the case history than I am.

paging @Rob Boudrie

@Len-2A Training

[popcorn]
 
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.

 
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This is "iffy" enough that I would not chance it. What you can expect if an officer charges you to hear your lawyer say "Will you take the CWOF or pay me for a trial and risk PP status?" at which point you will take the CWOF. And spare the "I would never cop a plea if I was not guilty" - it does not work that way.
 
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In my hunter education course. A similar question came up to the EPO. He said it’s not on your person. It’s not in your control.
You’d probably get jacked up.
 
This may help.

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My cousin got stopped in Brockton. He lives there too. The cop asked, after running his license, if he had a firearm and my cousin told him it was in the console. The cop said ok and sent him on his way with a warning about a lane change he made.

It probably is gonna depend on who stops you.

He should have bought a lottery ticket that day
 
Nobody f***ing knows what the "DIRECT CONTROL" bullshit means. It's just more drivel in MGL.

If you have a LTC-A, there isn't a reason why it wouldn't be on your person. If you had to leave it in the vehicle, you better lock that up.
 
It probably is gonna depend on who stops you.

This. If you have a pistol in the center console and the officer asks you to step out what do you do? By asking you to step out the LEO is looking for something or is concerned for his safety. If you say, "i have a gun in the console" or god forbid, reach for it, it's a crapshoot. Once you are standing in the street it is not under your control. Lots of risk involved.
 
Nobody f***ing knows what the "DIRECT CONTROL" bullshit means. It's just more drivel in MGL.

If you have a LTC-A, there isn't a reason why it wouldn't be on your person. If you had to leave it in the vehicle, you better lock that up.
The situation would be if you are in the act of driving and it is not physically comfortable for you to have on your person. Not when you are getting out of the car.

Either way the instructor said "on your person or center console is direct control, not the passenger seat, not under the driver seat, not in the back seat" The wording sounded odd to me, this was probably the bigger MA school but I am not here to call anyone out.

But I think the answer is locked up or on your person in the vehicle when driving as the law is up to the interpretation of the person charging you with it and how much money you throw at defending yourself.
 
My cousin got stopped in Brockton. He lives there too. The cop asked, after running his license, if he had a firearm and my cousin told him it was in the console. The cop said ok and sent him on his way ...
Things work a leetle different south of the Pike.
[rofl]

There is no black & white law that you could lean on to prove it was under your direct control.
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The situation would be if you are in the act of driving and it is not physically comfortable for you to have on your person. Not when you are getting out of the car.
Just do yourself a favor and don't carry a gun in a car that way, in mass. On your person or unloaded in a locked box. Pick one.
 
Either way the instructor said "...


Unless the instructor is going to pay your legal fees, bail you and and guarandamtee you won’t face any repercussions, I would just stop with the instructor sez talk.. On your person or locked up or you’ll regret it if you have an accident, get stopped, etc. and nothing the instructor said will change anything
 
The situation would be if you are in the act of driving and it is not physically comfortable for you to have on your person. Not when you are getting out of the car.

Either way the instructor said "on your person or center console is direct control, not the passenger seat, not under the driver seat, not in the back seat" The wording sounded odd to me, this was probably the bigger MA school but I am not here to call anyone out.

But I think the answer is locked up or on your person in the vehicle when driving as the law is up to the interpretation of the person charging you with it and how much money you throw at defending yourself.

Respectfully, this logic is flawed. At least as I see it... center console is not direct control. It sounds like the instructor was offering his opinion. If you want to roll the dice with that, it’s your firearm, your call...

Here’s why I say that: hypothetically you’re in a car accident, unconscious and taken away by ambulance. Before your car is towed from the scene the LEO or tow driver looks through your car for registration, insurance, etc. and finds the loaded gun. Not under your control.

You get stopped by LE and directed to step out of the vehicle. “Oh wait officer, just let me grab my gun...” Not under your control.

Damn you @Buck F for beating me to it, lol
 
I am not trying to do anything illegal or incorrect. I was just looking for clarification Thanks
 
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 don't think it's very difficult to find a comfortable position to carry while driving.
 
I am not trying to do anything illegal or incorrect. I was just looking for clarification Thanks
Now I'm wondering if there's a law of nature...

Any gun shop/club range/licensing class/police conversation about gun laws​
never gets just one law wrong.​

In other words,
I wonder what the odds are
that they told you other stuff that just ain't so.

No fault of yours.
Jus' sayin'.

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.
A very iconoclastic gun owner who fled the PRM for AZ years ago had a saying:

When the law says that you must possess a model rocket permit,​
does it mean "possess, like 'in your wallet'",​
or does it mean "possess, like 'we found drugs in your beach bungalow'"?​
 
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Here’s why I say that: hypothetically you’re in a car accident, unconscious and taken away by ambulance. Before your car is towed from the scene the LEO or tow driver looks through your car for registration, insurance, etc. and finds the loaded gun. Not under your control.
Inventory of towed cars is standard.
 
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