Do you wear your sidearm while driving?

[MarlboroughMan]

Probably a stupid related question if somebody can weigh in... but I haven't found a good answer to it: I frequently carry in my briefcase (laptop bag) since I can't easily/comfortably CC and I spend hours a day in the car. Since I'm generally the only one in the vehicle when I do this, and the gun is within my reach, am I violating the law in MA (not having it actually "on my person") and if I get pulled over with the gun in my bag am I more likely to have issues than if it's actually holstered on me?

 

[Alex0311]

I will never take mine off just because I got in a car, for the very simple reason that excessive and unnecessary gun handling often leads to negligent discharges.

 

[M1911]

I'm not aware of any clear guidance on what is under your "direct control" and what is not. In the trunk apparently is not. On a holster on your person is. The problem, of course, is what is in between those two extremes.

 

[teaser452]

Yup. This hits close to home. Moving to NC in a few weeks. NC is a duty to inform state. I wonder how traffic stops play out there.

I haven't been pulled over in 10+ years, maybe even more. Last I can remember I got pulled over in 2000ish for turning on red, no sign, but new timed crosswalks and the timer was still going. Got a warning.

- - - Updated - - -

Yup. This hits close to home. Moving to NC in a few weeks. NC is a duty to inform state. I wonder how traffic stops play out there.

I haven't been pulled over in 10+ years, maybe even more. Last I can remember I got pulled over in 2000ish for turning on red, no sign, but new timed crosswalks and the timer was still going. Got a warning.

 

[CaseHardened]

Ok, I may not be the first to say this , but....

In a similar thread, not that long ago. ATTILA recommended it advisable to scream:

I'VE GOT A GUN !!!

---

And if he disavows, I take credit

 

[GM-GUY]

I always carry - always. Concealed means concealed and the 2nd doesn't have any limits "Shall not be infringed".

 

[Sf Becket]

Carry. all the time. Been stopped a couple of times. He didn't ask. I didn't tell

 

[NTMAREMACH]

If I'm not going to carry in my car I might as well not carry at all.

 

[CaseHardened]

If I'm not going to carry in my car I might as well not carry at all.

I'm quite certain I'm more at risk from Road Rage than anything else.

I don't instigate anything, but for some people all you need to do is come to a full stop at a Stop Sign to piss them off.

That said, the first thing I would ever go for is the Pepper Spray.

 

[CobaltBlueSteel]

I'm quite certain I'm more at risk from Road Rage than anything else.

I don't instigate anything, but for some people all you need to do is come to a full stop at a Stop Sign to piss them off.

That said, the first thing I would ever go for is the Pepper Spray.

Not sure about a driver pepper spraying someone starting shit at their car window. Because of the proximity to target, there will be splashback and misting coming back into the car. Now the driver is also visually impaired, hurting, and behind the wheel of a running vehicle possibly in gear.

 

[Gidge]

Always.

 

[Sabougolden]

Always carry, always keep my mouth shut and be be respectful! If he/she asks I'll respond with respect and truth!

 

[MaynardDad]

I'm not aware of any clear guidance on what is under your "direct control" and what is not. In the trunk apparently is not. On a holster on your person is. The problem, of course, is what is in between those two extremes.

You can decide for yourself how "clear" the guidance is, but an appeals court wrote in Paterson v Comm that "a firearm is within the "control" of its owner or authorized user only when that person has it sufficiently nearby to prevent immediately its unauthorized use. […] Of course, the determination whether a particular firearm is under an individual's control will depend on the facts and circumstances of any given case. Among other things, consideration should be given to the firearm's location, its proximity to its authorized user or owner, and that person's ability to reach immediately the gun."

Probably a stupid related question if somebody can weigh in... but I haven't found a good answer to it: I frequently carry in my briefcase (laptop bag) since I can't easily/comfortably CC and I spend hours a day in the car. Since I'm generally the only one in the vehicle when I do this, and the gun is within my reach, am I violating the law in MA (not having it actually "on my person") and if I get pulled over with the gun in my bag am I more likely to have issues than if it's actually holstered on me?

I can't imagine a situation in which you're the only person in the car and a gun in a bag on the passenger seat is not deemed to be under your control. (Bu that doesn't mean you can't get jammed up by a cop who mistakenly believes that it has to be on your person.)

 

[gerrycaruso]

Yes and if they don't ask, I don't bring it up.

 

[RKG]

I was stopped by a NH Trooper a while ago; failure to use blinker while changing lanes to get out of his way. About mid way through the stop, he asked if I had any firearms. I said yes. He asked "Where are they?". I replied couple in the trunk and one on my hip. He said, "OK. Please stay in the car.". That was it.

Dumb stop, but no hassles re: the guns.

 

[babygorilla]

Yes, on the hip IWB at 3:00, like always. Also wear it on the motorcycle.

 

[shootback]

Yes

 

[Matt_SERE]

I can't imagine a situation in which you're the only person in the car and a gun in a bag on the passenger seat is not deemed to be under your control. (Bu that doesn't mean you can't get jammed up by a cop who mistakenly believes that it has to be on your person.)

As this question has been asked and answered many times before this reply eventually comes up. It usually ends up being asked and with no good answer; "what happens when you get in an accident and that pistol is on the pavement outside your car and you are hurt in the drivers seat or the ambulance?"

 

[Goliathan]

As this question has been asked and answered many times before this reply eventually comes up. It usually ends up being asked and with no good answer; "what happens when you get in an accident and that pistol is on the pavement outside your car and you are hurt in the drivers seat or the ambulance?"

That's because there is no good answer. The term "under your control" is vague and can mean an awful lot of things. To one point of view, the fact that it is now out of your control means it was never sufficiently under your control to begin with. I don't subscribe to this point of view but I could easily see it being argued thus in court.

 

[Matt_SERE]

That's because there is no good answer. The term "under your control" is vague and can mean an awful lot of things. To one point of view, the fact that it is now out of your control means it was never sufficiently under your control to begin with. I don't subscribe to this point of view but I could easily see it being argued thus in court.

I agree that there is no answer that will satisfy all. My emoji use sucks.

 

[babygorilla]

As this question has been asked and answered many times before this reply eventually comes up. It usually ends up being asked and with no good answer; "what happens when you get in an accident and that pistol is on the pavement outside your car and you are hurt in the drivers seat or the ambulance?"

Dude, SHOES have been known to fly off in an accident. Do you really think you pistola in an IWB holster is going to stay put too? Probably not in 100% of all accidents.

 

[Matt_SERE]

Dude, SHOES have been known to fly off in an accident. Do you really think you pistola in an IWB holster is going to stay put too? Probably not in 100% of all accidents.

Dood, again, these are the questions that have no good answers. I have watched someone get knocked out of their tied shoes crossing the street. I agree, again. Reread the post. It was a statement where these questions have brought us to in the past here on NES. Just historical reference.