Storing gun in car while at work? gun law?

[lewis]

im pretty sure i read somewhere that you can leave a firearm stored in your trunk in a locked container, loaded.

i can not carry in work. but id like to have the gun on me while out of work. i asked a state cop who details at my work and he looked at me like a criminal and said it is completely illegal to leave a weapon unattended in your car. he gave me the dirtiest look EVER.

is this cop ill-informed? or is that true?

 

[Lucas McCain]

You can have a gun stored in your car but it must be unloaded and in a locked container. The container must be secured to the vehicle. The ammo cant be in the same container. When I get to work, I unload and put the gun in a console vault. I take the ammo with me because there is no rule specific to ammo where I work.

Disclaimer: I am not a lawyer and I amy in fact be wrong about this but it is what I will do until I find out it is wrong.

 

[Lilorfnannie]

What a jerk that cop was- here you are trying to get information to do the right thing and he treats you like pond scum because you can't read minds and already know the answer.

 

[joehaus]

You can have a gun stored in your car but it must be unloaded and in a locked container. The container must be secured to the vehicle. The ammo cant be in the same container. When I get to work, I unload and put the gun in a console vault. I take the ammo with me because there is no rule specific to ammo where I work.

Disclaimer: I am not a lawyer and I amy in fact be wrong about this but it is what I will do until I find out it is wrong.

Sounds good but I was unaware the container had to be secured to the vehicle. Would a locked container in a locked trunk be enough?

 

[WeedWhacker]

From the MGL The way I read it as long as it is stored properly in your vehicle its legal.

Per MGL c. 140, s. 131C:

(b) No person carrying a firearm under a Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

 

[Lucas McCain]

Yep, you are correct, I drive a pickup - no trunk, so I use the console vault. A locked trunk is fine. others use the type with the cable. the point is that it must be unloaded and secure.

 

[lewis]

none of those laws state LEAVING the vehicle unattended.

 

[pdm]

Once the vehicle is unattended, apply MA storage laws, same as you would for your home.

 

[M1911]

Prior to 1998 it was illegal to leave a gun in your car. It is not longer illegal.

That said, I would try to avoid doing so if I were you. If someone breaks into your car and steals your gun, then you have to deal with the whole suitability issue.

As for:

You can have a gun stored in your car but it must be unloaded and in a locked container. The container must be secured to the vehicle. The ammo cant be in the same container. When I get to work, I unload and put the gun in a console vault. I take the ammo with me because there is no rule specific to ammo where I work.

I am unaware of anything in the law that requires 1) the container to be secured to the vehicle or 2) that the ammunition not be in the same container. If you are asserting that is what the law requires, please cite the statute in question.

 

[Lucas McCain]

I have no cite, just my interpretation of the f'ed up mess that are the mass gun laws. I have read many places where the stored gun must be in a locked container or trunk, a glove compartment is unacceptable. My other interpretation is that it must be unloaded. Given that, it doesnt make sense that the ammo can be stored with it. (if they get your gun, you dont want to make it easy to get it loaded up.) that is why I said it ammo cant be stored in the same container. The reason I said that the storage container must be secured to the vehicle was that if you use a container such as a gun vault, you wouldnt want a thief to walk off with the box. Like I said, I am not a lawyer but this is my best advice.

 

[M1911]

I have no cite, just my interpretation of the f'ed up mess that are the mass gun laws.

Please be careful to distinguish between what you understand the law to be and what your recommendations might be. They are two different things.

I have read many places where the stored gun must be in a locked container or trunk, a glove compartment is unacceptable. My other interpretation is that it must be unloaded. Given that, it doesnt make sense that the ammo can be stored with it. (if they get your gun, you dont want to make it easy to get it loaded up.) that is why I said it ammo cant be stored in the same container.

Sigh. DO NOT MAKE SUCH INTERPRETATIONS. The law doesn't make sense. Your trying to change it to make sense in your mind doesn't reflect the reality of the law itself. There is NOTHING in the law that says ammunition can not be in the same container.

Here is the storage law:

Chapter 140: Section 131L. Weapons stored or kept by owner; inoperable by any person other than owner or lawfully authorized user; punishment

Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.

Full text: http://www.mass.gov/legis/laws/mgl/140-131l.htm

Where does it say anything about ammunition? It doesn't, now does it?

Here's the transport in vehicles law:

Chapter 140: Section 131C. Carrying of firearms in a vehicle

Section 131C. (a) No person carrying a loaded firearm under a Class A license issued under section 131 or 131F shall carry the same in a vehicle unless such firearm while carried therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) No person carrying a firearm under a Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

Full text here: http://www.mass.gov/legis/laws/mgl/140-131c.htm

Where does it say anything about ammunition? It doesn't, now does it? MA gun laws are already hard enough to understand without people making shit up. DON'T DO THAT.

The reason I said that the storage container must be secured to the vehicle was that if you use a container such as a gun vault, you wouldnt want a thief to walk off with the box. Like I said, I am not a lawyer but this is my best advice.

Once again, BE CLEAR ABOUT THE DIFFERENCE BETWEEN THE LAW AND YOUR RECOMMENDATION. There is NOTHING in the law that requires a gun stored in a vehicle to be in a lockbox which is attached to the vehicle. NOTHING. NADA. ZIPPO.

It is, clearly, reasonable advice. But it ISN'T THE LAW.

 

[vellnueve]

M1911 has pretty much nailed every single point on the head. +4.

 

[Lucas McCain]

M1911, thanks for posting with the correct legal info. I thought I made clear in both my posts that I was not a lawyer and this was my interpretation of the laws. You need to chill dude, I am only trying to help the OP. and I knew someone would chime in if there was an error in any of my statements.

 

[M1911]

M1911, thanks for posting with the correct legal info. I thought I made clear in both my posts that I was not a lawyer and this was my interpretation of the laws. You need to chill dude, I am only trying to help the OP. and I knew someone would chime in if there was an error in any of my statements.

You are not helping when you intermingle your recommendations with the your understanding of the law. For example, I recommend that when transporting a non-large capacity long gun, that you place it in a locked container and place that container in the trunk of your car (if you have one).

Note that I did not say "when transporting a non-large capacity long gun, you must place in a locked container in your trunk."

In actuality, you can place a non-large capacity long gun on your back seat, not in any kind of container and not locked up. I don't think it is wise to do so, but it is not against the law.

When people make shit up, it needlessly confuses people about an already confusing subject.

 

[Rob Boudrie]

The answer is found at http://www.mass.gov/?pageID=eopsterminal&L=3&L0=Home&L1=Firearms+Registration+%26+Laws&L2=Firearms+Support+Services&sid=Eeops&b=terminalcontent&f=chsb_frb_faqs&csid=Eeops


Prior to 1998, court precedent established that if you left a firearm (handgun) unattended in a motor vehicle, you were "carrying it but not having it under your direct control". How you can be "carrying" when you aren't even there is something I never figured out, but no one would accuse the court of logic. The penalty was a $100 fine, revocation of you LTC with ineligibality to apply for one year, plus the expected impact on "suitability".

Chapted 180 of 1998 unintentionally, and benefically, changed the law in that regard to specify that leaving a loaded firearm unattended in a motor vehicle was a crime. Interestingly enough, the EOPS even covered the new interpretation in their on-line FAQ.

Q: Can I leave my gun in my car if I need to go into the store on my way home from the range or from hunting?

A: If your handgun or large capacity rifle or shotgun is transported in accordance with the provisions of M.G.L. c. 140, §131C (i.e. unloaded and in a locked case, locked trunk or other secure container) then the gun may be left unattended in the vehicle. Weapons transported in this manner will automatically be considered "stored or kept" in compliance with the safe storage requirements of §131L.

A person leaving a non-large capacity rifle or shotgun in an unattended vehicle is required to lock the rifle or shotgun in a case/container or in the trunk, or install a mechanical locking device on the weapon (i.e. cable or trigger lock).
top of the page

 

[Lucas McCain]

Ok, Message received, I am sorry if my INTERPRETATION of the laws is not exactly correct however, I believe that my ADVICE would fall within the restrictions of the law and keep him legal. Even though it apparently legal to leave it loaded and unattended is within the letter of the law, given the suitability powers of the CLEO it would be easier to explain how your unloaded gun was stolen rather than one that is ready to fire.

 

[lewis]

The answer is found at http://www.mass.gov/?pageID=eopsterminal&L=3&L0=Home&L1=Firearms+Registration+%26+Laws&L2=Firearms+Support+Services&sid=Eeops&b=terminalcontent&f=chsb_frb_faqs&csid=Eeops


Prior to 1998, court precedent established that if you left a firearm (handgun) unattended in a motor vehicle, you were "carrying it but not having it under your direct control". How you can be "carrying" when you aren't even there is something I never figured out, but no one would accuse the court of logic. The penalty was a $100 fine, revocation of you LTC with ineligibality to apply for one year, plus the expected impact on "suitability".

Chapted 180 of 1998 unintentionally, and benefically, changed the law in that regard to specify that leaving a loaded firearm unattended in a motor vehicle was a crime. Interestingly enough, the EOPS even covered the new interpretation in their on-line FAQ.

thank you! now i feel better about carrying to work and locking it in my car. in a secured container of course. that state cop either just hates gun owners, or hasnt looked at the law since the 80s. lol.

i just couldnt believe the body language i got from him. i even said thank you and have a good day and he didnt say shit, just turned his head the other way. intentionally giving me his back side. total disrespect.

 

[Dmn0166]

I've read a few different sides of this thread.

I'm not trying to beat it into the ground, I just want to make sure.

I drive a Jeep Grand Cherokee. If i were to need to leave my firearm in my car, what is the proper procedure I should follow? Does the case need to secured to the vehicle itself since it doesnt actually have a trunk? Can the ammo remain in the firearm or need to be removed?

Thanks,

Derek

 

[Demeo2169]

Wouldn't your trunk be a locked container? When I have to leave my gun in the car, I take the mag with me but put the firearm in the trunk, Am I braking the law?

 

[Rob Boudrie]

Wouldn't your trunk be a locked container? When I have to leave my gun in the car, I take the mag with me but put the firearm in the trunk, Am I braking the law?

Please re-read post #15 in this thread, and follow the link contained therein.

ps: It's "breaking", not "braking"

 

[vellnueve]

Trunk is a locked container. Otherwise, locked container. I don't know where this idea of securing it to the car came from, but it's false.

 

[lewis]

im pretty sure from what i read. the gun just needs to be unloaded and locked in a container I.E. trunk, safe, lock box, what-have-you........ so can i just take the magazine out and leave it in the same locked container with the gun? because im pretty sure i cant just walk around with ammo at my work either.

 

[vellnueve]

Yes, you can leave it in the locked container with the gun if it is not inserted.

 

[dagwag77]

I've read a few different sides of this thread.

I'm not trying to beat it into the ground, I just want to make sure.

I drive a Jeep Grand Cherokee. If i were to need to leave my firearm in my car, what is the proper procedure I should follow? Does the case need to secured to the vehicle itself since it doesnt actually have a trunk? Can the ammo remain in the firearm or need to be removed?

Thanks,

Derek

I think the issue Derek is trying to raise here (and correct me if I'm wrong), is that it has a hatch back type deal, not a trunk. The hatch area is accessible from the rest of the (secured) car. Would that count as a secured "container", as a trunk would?

 

[vellnueve]

If it doesn't have an actual trunk, you need a case. There is no reason to secure it to the car.

 

[Dmn0166]

Sounds good. Thanks for the info, guys!

Derek

 

[Troy]

Ya, Thanks guys.... I've not been exactly doing this corectly. I'm gona gave to get a lock box. Damn Hatchback

 

[drgrant]

I don't know where this idea of securing it to the car came from, but it's false.

It's not part of the law but IMO it might be useful as part of a defense to some accusation of "unsuitability" if the gun were ever stolen.

-Mike

 

[Cross-X]

You can have a gun stored in your car but it must be unloaded and in a locked container. The container must be secured to the vehicle. The ammo cant be in the same container. When I get to work, I unload and put the gun in a console vault. I take the ammo with me because there is no rule specific to ammo where I work.

Disclaimer: I am not a lawyer and I amy in fact be wrong about this but it is what I will do until I find out it is wrong.

Do you have any authority for your claim that ammo cannot be stored in the same container as the gun?

I think you are wrong about that proposition.

 

[Lucas McCain]

Do you have any authority for your claim that ammo cannot be stored in the same container as the gun?

I think you are wrong about that proposition.

Darius, I will bow to your obvoius expertise with regard to gun laws but dont you think it is common sense that if the gun must be unloaded, it means that the ammo should not be accessable to the thief? Seems to me that it goes to the issue of suitability. I also assumed that if you have the gun in a locked container, you would want to make sure the thief just doesnt take the whole box to pry it open later. That is why I said that it should be secured to the vehicle to prevent such an occurance.

Joe