storing/transporting/leaving a gun in a vehicle

So unloaded handguns do not need to be in a locked container for transport?


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They must be unloaded and secured, unless under your direct control. See my post #5

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It would most likely meet the definition of direct control, but you need to take it from the holster, and put in on your person, or secure it for storage per MGLs every time you get out of the car.



Mr Happy You are wrong.

Show me where the law says unloaded handguns must be under your direct control. Your response is an example of the tribal passing on of incorrect information.
With that said, I wouldn't advocate it because most cops are like Mr Happy.

Actually Mr Happy had distinguished himself as one of the more knowledgable people here.

And he got this wrong. This demonstrates why you need to READ THE LAWS every time you are going to discuss them. Because our mind makes assumptions.

Don

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.

Also note that violation of this piece of the statute is a civil infraction only punishable by a fine.
 
So unloaded handguns do not need to be in a locked container for transport?


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OK, so to further beat this to death... the answer is, to leave your pistol in your car (that is, to "store it") it needs to be unloaded and stored in a locked container (or trigger locked or...).

So, and I know we've been here before but I don't remember the answer: What's does case law consider "unloaded"?? Mag out of the pistol and right next to it, yes?? That's what I've been doing for years, but...

This is only true if you do not have a trunk.
It also only applies to large capacity rifles or shotguns. Nothing else.

Unloaded means and empty chamber and no loaded mag in the gun. There can be a loaded mag right next to it in the same case.

Again, for everyone here, is a copy of the statute relating to transport. I'm skipping the section with regard to FIDs and LTC Bs.

One other thing. If you actually READ the statute you will see that there are no restrictions on the transport of an unloaded handgun or non large capacity rifles and shotguns. NONE

Also note that all of these are civil infractions punishable only with a fine.

Don

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) Deleted - releates to LTC B

(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.
 
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Mr Happy You are wrong.

Show me where the law says unloaded handguns must be under your direct control. Your response is an example of the tribal passing on of incorrect information.
With that said, I wouldn't advocate it because most cops are like Mr Happy.

Actually Mr Happy had distinguished himself as one of the more knowledgable people here.

And he got this wrong. This demonstrates why you need to READ THE LAWS every time you are going to discuss them. Because our mind makes assumptions.

Don

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.

Also note that violation of this piece of the statute is a civil infraction only punishable by a fine.

They must be unloaded and secured, unless under your direct control

Don: Note what I said (cut and paste, bold added): If it's not under your direct control, it must be unloaded and secured. That's the law. If it is under your control, you can have it loaded or not. I was replying to J40's question.

I think you missed the "unless" in my post.

Again, this is for Transport, not Storage.
 
They must be unloaded and secured, unless under your direct control

Don: Note what I said (cut and paste, bold added): If it's not under your direct control, it must be unloaded and secured. That's the law. If it is under your control, you can have it loaded or not. I was replying to J40's question.

I think you missed the "unless" in my post.

Again, this is for Transport, not Storage.

Ok. I dont' know what you mean by secured. But handguns that are unloaded, per the law, do NOT have to be in a locked container or under your direct control.

There is no language in the law that restricts how unloaded handguns must be transported. So there is no requirment for transporting an unloaded handgun.

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.

If you disagree, please cite language in the law.

Here is my cite. This is the only language relating to a locked container or trunk and it only applies to large capacity rifles and shotguns.

(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.

Again, I'm not advocating that you actually do this, unless you want to use it as an opportunity to educate a cop and are willing to get arrested. But this IS the law. There really isn't any debating this.

Don
 
Ok. I dont' know what you mean by secured. But handguns that are unloaded, per the law, do NOT have to be in a locked container or under your direct control.

There is no language in the law that restricts how unloaded handguns must be transported. So there is no requirment for transporting an unloaded handgun.

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.

If you disagree, please cite language in the law.

While still vague, to my reading, due to the juxtaposition of "Class A" in 131C.(a) and "Class B" in 131C.(b), which you skipped over, there is indeed such language, to wit:

"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."

So 131C.(a) states how the holder of a Class A license may transport loaded and 131C.(b) states how the holder of a Class B must transport unloaded, yet it makes no reference to how the holder of a Class A may transport unloaded.
 
I skipped over class b because its very uncommon and the state is not issuing them any more. In my earlier post, I explained I was skipping the LTC b language for simplicity's sake.


While still vague, to my reading, due to the juxtaposition of "Class A" in 131C.(a) and "Class B" in 131C.(b), which you skipped over, there is indeed such language, to wit:

"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."

So 131C.(a) states how the holder of a Class A license may transport loaded and 131C.(b) states how the holder of a Class B must transport unloaded, yet it makes no reference to how the holder of a Class A may transport unloaded.

You just made my point. Our law is based on English Common Law. The crux of which is that laws don't grant rights. They take them. If a law does not prohibit something, then it is not prohibited. i.e. its legal.

Since the law is silent on how to transport unloaded handguns, there are no limitations on how you can transport unloaded handguns.

Don

p.s. Here is some reading of foundational legal concepts. Yes I know its Wikipedia. Use the key words there to launch to more authoritative sources or read the reference links.

https://en.wikipedia.org/wiki/Nulla_poena_sine_lege

https://en.wikipedia.org/wiki/Everything_which_is_not_forbidden_is_allowed
 
Don, this is were I'm taking the "rule" from:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131L

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.


Though I will grant that you are correct in the language you cite.

Thanks for the clarification.

MGL mud strikes again. Personally, I'd advise keeping it locked, unless it's under your direct control. I have no clue where my foncusion came from.
 
^^ Your site is for storage and not transport, correct? That would only apply when the vehicle is parked and you are not inside?
 
^^ Your site is for storage and not transport, correct? That would only apply when the vehicle is parked and you are not inside?

That's the issue. If you get pulled over, and the cop asks you to step out of the vehicle, are you now transporting? [rolleyes]

Now, in all fairness, I was dead-nuts sure that any firearm (MGL meaning - handgun) that was not under your direct control needed to be unloaded and secured; Don was right in pointing out my error.

That said, I'll stay Massprudent, and lock up my non-carry piece in transit. [laugh]
 
net pic of exactly what i have, cheap and effective.

edit: hold on lol

InCarInCar.jpg
 
Mr Happy. Your cite was for storage. Not transport. I think that its pretty self evident what the difference is.

So again. No transport requirement for unloaded handguns. No transport requirements for NON-large capacity rifles or shotguns.

That is the law.

Whether or not it is advisable is a different discussion. I think it depends on the circumstances.

I typically drive home from bird hunting with my over under shotgun resting in the passenger seat footwell with the barrel up against the door. I do this to dry it off and also so that moisture doesn't condense on it when I bring it in the house.

If I'm shooting handguns, I'll put my gun bag (soft and not locked) in the drivers side back seat of the car. On the seat. Not under my direct control. But all the handguns are unloaded.

If I'm transporting ARs, AKs or MGs of any kind, everything goes in the trunk. No locks or hard cases.

Don
 
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