Keeping a gun in your vehicle ?

[kevin9]

Thanks for doing some more looking M1911. It appears that Mr. Glidden's commentary clears up one of my questions; What the law says, or not, about transportation of non-large capacity long arms.

 

[JimR]

So many laws, even more confusion. The problem here is that these laws should have been written by a gun owner so that they would make sense and be understandable.

 

[kevin9]

So many laws, even more confusion. The problem here is that these laws should have been written by a gun owner so that they would make sense and be understandable.

Sorry, that's the funniest thing I've read all day.

State gun law as written by kevin9: See US Constitution, starting with Amendment II.

 

[M1911]

One other note I was told by my Chief of Police is that if you are carrying, your gun had better be loaded. Can anyone shed light on that one? Is it true or False. I read in the other post that is is true.

I think I found where you Chief of Police got that idea. This is an interpretation by an attorney for Mass Chiefs of Police: http://www.masschiefs.org/hottopics/hotpdf's/firearms_pdfs/Articles/September 98 .pdf

On page 2, he asserts that

NOTE: It is not clear whether the legislature intended to allow persons with a Class A LTC to carry a loaded firearm under their direct control in a vehicle but not an unloaded one. However, as written, the law seems to permit someone with a Class A LTC to wear a loaded firearm in a vehicle, but makes it a crime to do so without bullets in the gun. Once the bullets are removed, the firearm must be locked in the trunk or locked in a secure container.

This is a relatively old article written shortly after the laws were enacted, so I suspect that this has been addressed by case law in the interim. I disagree with his interpretation, but since I don't have access to case law, my opinion is worth just what you paid for it...

 

[DickWanner]

Deleted.

 

[M1911]

I didn't read most of the replies, but for temporary storage I use a Center of Mass car safe. I can even fit my G22 in the small one. Technically it's suppose to be unloaded but I'm not going to go as far as messing with loading and unloading a pistol in my car. Its not fool proof but will stop more smash and grab thiefs.

I think that you DO want to read most of the replies. It appears to me now that you do want to unload it.

 

[DickWanner]

Deleted.

 

[GaryO]

I realise what the laws say. Has anyone ever been prosecuted for improper transportation or storage? I guess it's one of those pro's vs. con's thing. I have no problem loading and unloading my pistol, but the sheeple seem to think otherwise. Getting swarmed by the police becuase someone made a call saying I was brandishing a gun and getting ready to use it will make me lose my permit just as fast as an improper storage charge will. The only times I use the car safe is if I spontaneously decide to have a drink, am going to school and I park off campus, or I'm going to drill.

Now when they say unloaded do they mean empty chamber, empty chamber/mag, empty chamber no mag, empty chamber no mags loaded at all?

I don't think it is wise to "spontaneously decide to have a drink" with a loaded or unloaded gun,locked or otherwise in your car. The Police would frown upon it if you got stopped.

 

[DickWanner]

I've decided to retract my comments seeing as I will always be seen as wrong on the topic.

 

[M1911]

I realise what the laws say. Has anyone ever been prosecuted for improper transportation or storage?

Yes, actually. I know of one person in Wayland who did not have his guns locked up in the home. He got into a domestic dispute, the police came to confiscate the guns, found they weren't locked, and arrested him. He was charged, tried, convicted, and sent to jail for the gun charges. The domestic charge ended up being dropped. The felony conviction means he can never own guns again.

I know of an attorney who defended a person who had been charged after he left his handgun in his car. The defendant was not convicted, but he did lose his LTC and, of course had to pay the attorney. I don't know the details of the situation (loaded or unloaded? in a case or not? In the glovebox or not?). It isn't clear to me what he was charged with (whether it was a violation of 131C or 131L or both).

This is not an academic argument.

Now when they say unloaded do they mean empty chamber, empty chamber/mag, empty chamber no mag, empty chamber no mags loaded at all?

Empty chamber and no magazine in the gun. The magazine can be loaded.

 

[M1911]

I've decided to retract my comments seeing as I will always be seen as wrong on the topic.

Your choice. But I think it makes sense to join this type of conversation. If you have carefully read the thread, you'll see that I changed my mind on what the laws mean. I've been wrong before and I'll be wrong in the future. Perhaps you will change yours as well or perhaps you'll convince us that you are right. The only way to find out is to open your mind and join the conversation.

 

[kevin9]

Your choice. But I think it makes sense to join this type of conversation. If you have carefully read the thread, you'll see that I changed my mind on what the laws mean. I've been wrong before and I'll be wrong in the future. Perhaps you will change yours as well or perhaps you'll convince us that you are right. The only way to find out is to open your mind and join the conversation.

+1

 

[DickWanner]

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