Unwise != illegal
Check Scrivener's post ( #54 ).
I read his post carefully. Let's do it again, together.
In response to ashdump's post about putting it in the glovebox, Scriv posted:
VERY poor location at any time and illegal in MA.
1) He says the glovebox is a "poor location." That is a value judgment, not a statement about its legality.
2) He says "illegal in MA." That clearly is a legal opinion, that putting a gun in the glovebox is illegal. Why is it illegal? He doesn't say here, but that has been discussed elsewhere, and it concerns the definition of a container and direct control.
On your person is where it should be while driving.
3) This is again a value judgment, not a statement about its legality. He did not say that it is illegal to have it off-body. He said that on your person is where it
should be, not that the
only legal place is on your person.
So, explain to me where Scriv said that off-body carry is illegal? He didn't, because it isn't. What he said in another thread is:
1. Not all glove boxes lock;
2. The transport statute requires a locked container OR locked trunk.
3. While a glove box is considered within the "wingspan" of a driver for search and seizure, it is NOT for "direct control," which is on the body or immediately adjacent to it. A shelf in front of the PASSENGER seat does not suffice.
It's also a damn stupid place to put a gun for a number of other reasons, notwithstanding the fact that it is lawful in some other states.
Off-body carry is legal as long as the gun is always in your direct control. Read MGL Chapter 140 Section 131c again:
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.
This does not say that off-body carry is illegal, it does not say it must be on your person, just that it must be under your "direct control." There is, unfortunately, no definition of "direct control." That, combined with the other disadvantages of off-body carry (you are more likely to put it down and forget it, etc.), makes it clear to me that off-body carry is not recommended. But that doesn't make it illegal.
On your person is clearly under your direct control. Ten feet away is likely not under your direct control. In between is a matter of some uncertainty. So the conservative approach (and one that I practice) is that the safest course of action is for it to be on your person. But that doesn't necessarily imply that putting your gun in your purse and your purse in the center console while you drive is illegal. You might argue that it is unwise, but that is not the same as arguing that it is illegal.