Friend has his CCW wife doesn't and he wants to put it in his backpack inside the car

[edseas2]

Any way to do this lawfully in Massachusetts? He doesn't want to carry his G19 on his
person but he doesn't want to store it in the trunk either (and he doesn't want to wear the backpack
while he's driving!).


Thanks.

 

[Picton]

It needs to be under his control if it's not locked away. I don't believe a backpack falls under his control at all.

A court MIGHT disagree with me, but somehow I doubt it.

Wifey's LTC status is moot. Even if she had one, it'd still need to be under the control of one of them.

 

[enbloc]

If he thinks that he needs to carry it WITH him, he should carry it ON him...

 

[Len-2A Training]

It needs to be locked up or on his person. No other way complies with MGL.

 

[S&WMan]

Put it in a small pistol case or pouch with a lock on it. Then place in backpack. Problem solved.

 

[edseas2]

Put it in a small pistol case or pouch with a lock on it. Then place in backpack. Problem solved.

You guys are great! I will send this to him:

https://www.walmart.com/ip/Allen-Endura-Pistol-Case-Locking-11-Black/15600839

 

[slap shot]

nvm

 

[dhuze]

Put it in a small pistol case or pouch with a lock on it. Then place in backpack. Problem solved.

You guys are great! I will send this to him:

https://www.walmart.com/ip/Allen-Endura-Pistol-Case-Locking-11-Black/15600839

This is a great idea. Now if he needs it in an emergency he can take his backpack out of the car, unzip it, grabbed the locked case, get the keys from his pocket, unlock the BANG! Bang! Bang! Too late, he's dead.

 

[JAD]

Put it in a small pistol case or pouch with a lock on it. Then place in backpack. Problem solved.

And, remember to keep it unloaded when being transported in the locked container- so as not to violate MGL c. 140 s. 131C(a), which only allows an individual with an LTC_A to carry a loaded firearm in a motor vehicle if it is on his person or under his direct control.

 

[Mountain]

This is a great idea. Now if he needs it in an emergency he can take his backpack out of the car, unzip it, grabbed the locked case, get the keys from his pocket, unlock the BANG! Bang! Bang! Too late, he's dead.

Perhaps he's not interested in carrying but wants to have it convenient when transporting. Remember that in many normal states, one does not need any type of a permit to have a handgun and most pistol owners won't have an LTC. Some states it's perfectly legal to keep a loaded pistol in your glove box, and leave it there when you are not in the vehicle. In Tennessee, I would have eventually obtained my CCW license; but upon moving to Mass the issue was forced.

 

[robjax]

get a man purse....I mean European Carry All.

 

[Varmint]

And, remember to keep it unloaded when being transported in the locked container- so as not to violate MGL c. 140 s. 131C(a), which only allows an individual with an LTC_A to carry a loaded firearm in a motor vehicle if it is on his person or under his direct control.

What defines direct control? I think backpack in trunk while driving is direct control.

 

[Picton]

What defines direct control? I think backpack in trunk while driving is direct control.

If you really want to leave that up to a Massachusetts court, knock yourself out...

 

[Snora]

This is a great idea. Now if he needs it in an emergency he can take his backpack out of the car, unzip it, grabbed the locked case, get the keys from his pocket, unlock the BANG! Bang! Bang! Too late, he's dead.

Or he can drive away since he's in a car?

 

[Varmint]

If you really want to leave that up to a Massachusetts court, knock yourself out...

lifes too short to spend it worrying about vague MA gun laws which even the AG ignores.

 

[MGnoob]

A .02 joke lock on the zipper of the backpack solves all legal issues and doesn't make the gun any less accessible..in an emergency the lock can be ripped off without a key..

But than...

The gun would be unloaded right? If your gunna carry a gun, carry a gun. If your storing a gun your storing a gun...because of silly laws it hard to do both at once

 

[Picton]

lifes too short to spend it worrying about vague MA gun laws which even the AG ignores.

I agree. But that's my choice; it's not advice I'd want to give to a stranger on the internet.

A .02 joke lock on the zipper of the backpack solves all legal issues and doesn't make the gun any less accessible..in an emergency the lock can be ripped off without a key..

But than...

The gun would be unloaded right? If your gunna carry a gun, carry a gun. If your storing a gun your storing a gun...because of silly laws it hard to do both at once

Damn straight.

 

[UNSUB]

Sorry to be tough on you but this sruff reslky gets in mybcraw. If its important enough to bring its important enough to have on his person. Are the woods any less dangerous then a rest stop a gas station a convenience store. Wear it and stop whining or leave it home if its not a priority. Its this type of casual attitude where stuff goes wrong. Sure he locks it up in a case in his back pack sure he's covered. But when he goes to grab something to eat with his false sense of security and leaves the backpack unattended someone might help themselves to it. that sucks worse than being uncomfortable for a few hrs. My advice is buy a cheapo shoulder rig solely for travel. nothing fancy then it never leaves you as it should be and you never have to explain anything to anybody.

Sent from my SM-G928P using Tapatalk

 

[swatgig]

What defines direct control? I think backpack in trunk while driving is direct control.

It all depends on how they can best jack you up. If you have a LTC, they'll claim that if it's not in your hand, it's not in your direct control and charge you with a storage violation. If you don't have a license, they'll claim that unloaded, in the locked trunk is "carrying" under M.G.L. 269 § 10(a).

 

[Dennis in MA]

If you really want to leave that up to a Massachusetts court, knock yourself out...

Which is exactly the problem. I remember a decade or so ago a nice discussion at Ames about this very issue. I forget if it was an LEO or atty that came in to talk about it. He had a position. Len had another. There was a local cop in attendance. Had a 3rd interpretation. All 3 had a cogent argument regarding why they were right. And the law is so terribly written that you really are just better off locking it up or wearing it. Stupid stupid stupid.

Maybe he could sit on it while driving and then put it back in the backpack after?

 

[Len-2A Training]

Which is exactly the problem. I remember a decade or so ago a nice discussion at Ames about this very issue. I forget if it was an LEO or atty that came in to talk about it. He had a position. Len had another. There was a local cop in attendance. Had a 3rd interpretation. All 3 had a cogent argument regarding why they were right. And the law is so terribly written that you really are just better off locking it up or wearing it. Stupid stupid stupid.

Maybe he could sit on it while driving and then put it back in the backpack after?

There is no codified definition of "direct control" in MA (or "control" for non MV storage) and thus each judge/jury/DA can make it up as they go. That's the risk and it is very real.

 

[Radtekk]

There is no codified definition of "direct control" in MA (or "control" for non MV storage) and thus each judge/jury/DA can make it up as they go. That's the risk and it is very real.

When I was going through my divorce a few years ago I had a conversation with the judge. I had gone to a bank with my daughters, locked my gun in the car, came back out and started driving. Next traffic light I grabbed the gun, placed it under my thigh. Next light I put it in my owb thumbreak holster. Ex (anti, teacher, former nurse, etc) found out by interrogating my daughters. Judge was not amused, but only said "make sure they don't have access..."

Sent from my SM-G950U using Tapatalk

 

[Jason m]

Locked in a backpack seems to easy for theft, its very easy to break a window and grab a pack not caring what's in it till you the thief are in a secure area. Plus its a back pack who would question anyone walking the street with one on.

A lock box with a cable going around a seat frame is a better choice IMO, much harder to rip out of the car ( truck ) and just casually walk away.

Jason.

 

[slap shot]

how about the good old bellyband? if you're holster averse

 

[Spanz]

as stated, it would have to be locked up.

the potential problem, he has it locked up in a backpack, thief steels backpack from locked car, he reports it, chief has hair across his arse and questions his "suitability"....hilarity ensues...

 

[drgrant]

Yeah, what I have heard is it all depends on how much of a prick a LEO wants to be. If he's a good guy and not a douche you simply being near the gun and having an LTC is enough. If he's a total prick, it better be in a holster on your person OR unloaded and locked in a secure container.

-Mike

 

[StevieP]

When I was going through my divorce a few years ago I had a conversation with the judge. I had gone to a bank with my daughters, locked my gun in the car, came back out and started driving. Next traffic light I grabbed the gun, placed it under my thigh. Next light I put it in my owb thumbreak holster. Ex (anti, teacher, former nurse, etc) found out by interrogating my daughters. Judge was not amused, but only said "make sure they don't have access..."

Sent from my SM-G950U using Tapatalk

Are banks now gun-free zones? I'd think a bank is one of the MOST likely places to need to carry.

 

[Len-2A Training]

Are banks now gun-free zones? I'd think a bank is one of the MOST likely places to need to carry.

Some states make it illegal to carry in a bank. MA, ME, NH, VT are NOT one of those however. But I keep hearing that drivel fall out of the mouths of "instructors" all the time.

 

[Varmint]

Are banks now gun-free zones? I'd think a bank is one of the MOST likely places to need to carry.

I disagree. Most bad guys coming into a bank are after money, not blood. I'm not risking my life or suitability to save the bank's money.

 

[namedpipes]

You guys are great! I will send this to him:

https://www.walmart.com/ip/Allen-Endura-Pistol-Case-Locking-11-Black/15600839

Yeah, what I have heard is it all depends on how much of a prick a LEO wants to be. If he's a good guy and not a douche you simply being near the gun and having an LTC is enough. If he's a total prick, it better be in a holster on your person OR unloaded and locked in a secure container.

-Mike

Question, does that locked container have to be a hard case or is the soft case OP found on Walmart sufficient. (For the law, I mean. Obviously it is cheese)

I have a $80ish "micro" vault in the car to stash such things if I need to. Looks real cool with "fingertip" combo buttons. It would stand up to a screw driver for possibly 30 seconds, but definitely meets the legal requirement.