I know this isn't wise, but is it legal?

[namedpipes]

Lot's of good info. Thanks.

To anyone whose reading comprehension is not up to snuff, NFW was I going to leave anything of value, least of all an AR-15 in the back of a Jeep with the roof down.

However, had I carried the rifle, in its soft case, unloaded and with a trigger lock, and someone freaked out at Dub's what would be the result? Yeah yeah know that not trimming my toenails straight can make you "unsuitable", but if the sheeple panic for no good reason and the local constabulary gets involved, then what?

At least it wasn't a violin case!

 

[namedpipes]

At least it wasn't a violin case!

I'm glad to see I'm not the only one who has used this method to great effect. The clincher? The case for my Strat has locks, as do many guitar cases. Highly ineffective locks, but locks nonetheless. Only problem I ever had with that was showing up to band rehearsal one night with a Mossberg 500.

Would have been so cool if I'd been on the right message when I clicked Quote...

 

[Titan]

Lot's of good info. Thanks.

To anyone whose reading comprehension is not up to snuff, NFW was I going to leave anything of value, least of all an AR-15 in the back of a Jeep with the roof down.

However, had I carried the rifle, in its soft case, unloaded and with a trigger lock, and someone freaked out at Dub's what would be the result? Yeah yeah know that not trimming my toenails straight can make you "unsuitable", but if the sheeple panic for no good reason and the local constabulary gets involved, then what?

I think you're asking that if a cop ended up responding to a disturbance what would happen. Nothing could prevent a disturbance from happening if some customer is determined to go bonkers.

I believe that if you were operating within the law, and carrying your gun (having it under your control, locked) WOULD be within the law, then it would seem that any reasonable cop would see it that way too, and would help calm any disturbance, and help you on your way.

I suppose, on the other hand, a cop who was hostile to civilian gun ownership, or didn't understand the law, could give you a hard time.

 

[arlow]

They're only exempt if they're still hunting. If you're done hunting and walking back to your car, you are not engaged in hunting. At least according to Chief Glidden. Here's what Glidden has to say:

Originally Posted by Chief Glidden
The term "engaged in hunting" as it applies in this section refers to actively hunting, not walking to and from the location of the hunt. This section prior to chapter 180 of the Acts of 1998 allowed being on a public way while engaged in hunting. The purpose of the "engaged in hunting" language then as now was to allow a person who was hunting on one side of a public way to cross to the other side without unloading. A person is not engaged in hunting from the moment he leaves the front door of his home to go hunting. Therefore, a person going on a hunting trip can not walk from a residential area to the woods without having the rifle or shotgun in a case. In addition, c. 131, section 58 prohibits hunting within 500 feet of a dwelling. As such, a person could not hunt in a residential area so could not use the "engaged in hunting" exemption. Such a person would have carry his rifle or shotgun in an enclosed case if he was going to walk on a public way.

Glidden's Interpretation (and that is all it is, an interpretation) is wrong. In fact he is erroneous in several accounts in that above quote.

1) It is quite illegal to hunt within 150 feet of any paved road nevermind cross it loaded. So that being the case his explanation of the intention is bunk.

2) The intention is this. A hunter leaves his vehicle and obviously his gun case inside.He hunts till he is done and and comes out of the woods somewhere down the road from his vehicle. He is legally allowed to walk back to his vehicle with his gun unloaded. As he is legally allowed to walk out his front door and down the street with an unloaded gun to access his hunting property. Three conditions must exist. It must be hunting season, and he must have a hunting license and he must have the appropriate gun for whatever season is open.

3) if you read the law properly is states,

It is unlawful for a licensed person to carry an unloaded rifle or shotgun on a public was unless engaged in hunting or in possession of a hunting license, or unless the rifle or shotgun is enclosed in a case.

He so conveniently ignores the second qualifying statement in that paragraph. Being "in possesion of a hunting license" is a stand alone qualification to carry an unloaded and approriate hunting gun down the street.

 

[jdubois]

Glidden's Interpretation (and that is all it is, an interpretation) is wrong. In fact he is erroneous in several accounts in that above quote.

I agree, it's a solely an interpretation. But it's an interpretation by a credentialed expert that a prosecution can bring to bear and to whom a jury is going to listen. Without case law on your side, and in the political climate of this state, that would be pretty tough to fight.

1) It is quite illegal to hunt within 150 feet of any paved road nevermind cross it loaded. So that being the case his explanation of the intention is bunk.

I'm not sure what your point is here. It's not illegal to hunt within 150 feet of a paved road. It's illegal to discharge your gun within 150 feet. He's saying that if your prey crosses a street, you can pursue it without unloading your gun.

Three conditions must exist. It must be hunting season, and he must have a hunting license and he must have the appropriate gun for whatever season is open.

Well, now you're interpreting. Where does the law say anything about it having to be hunting season or you having an appropriate gun? If you are asking Glidden to strictly interpret the letter of the law, you cannot add qualifications yourself that don't literally exist in the law.

(BTW, Welcome to the forum, and thanks for jumping right in with intelligent discussion!)

 

[one-eyed Jack]

Oh, for the good old days when I used to fly from Boston to Newark to hunt on a buddy's farm in NJ. The shotgun was in a soft case (no lock), the ammo was in my luggage, and I would just hand the case to the pilot for safe keeping in the cockpit. Both of us were comfy with that. Won't date myself by saying when that was, but the planes had these funny engines with blades on them. Jack.

 

[arlow]

I agree, it's a solely an interpretation. But it's an interpretation by a credentialed expert that a prosecution can bring to bear and to whom a jury is going to listen. Without case law on your side, and in the political climate of this state, that would be pretty tough to fight.

He still totally ignores the second qualification of the law. "or in possession of a hunting license" Each of the qualifications to be legal to carry an unloaded weapon are stand alone qualification. It does not say "and" it does say "or".

I'm not sure what your point is here. It's not illegal to hunt within 150 feet of a paved road. It's illegal to discharge your gun within 150 feet. He's saying that if your prey crosses a street, you can pursue it without unloading your gun.

It is my understanding you are not hunting unless your gun is loaded. Hence you can enter the woods with an unloaded weapon before shooting hours. Once you are loaded you are hunting. I have witnessed people getting cited for being loaded less than 150 feet from the road at the Swift river wildlife management area. If you pheasant hunt you know you wait at the gate by the road till sunrise. Then you may enter the gate. People were loading their guns on the access road. As we came around the corner there was an encon officer waiting. He cited everone with loaded gun for being loaded within 150 feet from the road. I always unload 150 feet from the road and never, ever, ever have a loaded gun on a paved road. Any Encon that catches you crossing a paved road with a loaded weapon will cite you.

Well, now you're interpreting. Where does the law say anything about it having to be hunting season or you having an appropriate gun? If you are asking Glidden to strictly interpret the letter of the law, you cannot add qualifications yourself that don't literally exist in the law.

(BTW, Welcome to the forum, and thanks for jumping right in with intelligent discussion!)

Yes I am interpreting to some extent. Those qualifications I added are common sense to be able to justify you actions within the law. If you are carrying a slug gun down the road in september during squirrel season it only makes sense you are going to be scrutinized as opposed to doing the same in December during deer season. We walk down the roads all the time with unloaded guns. Many times Encon or town cops have stopped to either check our credentials, ensure we were unloaded, or see if we have had any luck. Never once have we had a problem.


Thanks for the welcome.

 

[Admin]

Glad to see you here arlow.

 

[arlow]

Glad to see you here arlow.

Thanks Derek seems like a good place!