Transportation Question

[Johnck78]

So when you transport I understand that you have to have your gun unloaded and in a separate area from the ammo. Here is my question. I have a plastic case I use, if I cable lock my gun can I store loaded magazines in that case too then lock the case, is that ok? Since the gun in not capable of being loaded until its unlocked I'm thinking perhaps yes? RI/Handgun/No Concealed Carry Permit

 

[n1bsbri]

So when you transport I understand that you have to have your gun unloaded and in a separate area from the ammo. Here is my question. I have a plastic case I use, if I cable lock my gun can I store loaded magazines in that case too then lock the case, is that ok? Since the gun in not capable of being loaded until its unlocked I'm thinking perhaps yes? RI/Handgun/No Concealed Carry Permit

Here's the statute:

§ 11-47-10 License or permit not required to carry to target range. – No license or permit shall be required for the purpose of carrying or transporting any pistol or revolver from one's home or place of business to a bona fide target practice range, nor from a bona fide target practice range to one's home or place of business, to engage in any shoot meet, or practice, provided that the pistol or revolver is broken down, unloaded and carried as openly as circumstances will permit, or provided that the pistols or revolvers are unloaded and secured in a separate container suitable for the purpose.

I'm not sure what "secured in a separate container suitable for the purpose" means exactly, and I guess most LEOs know less than me about that. A good practice that just about everyone could agree on is to put the handguns in a locked container "separate" from the ammo.

In my case, I carry all my ammo in a dry box (plastic ammo can), and the guns in pistol rugs then in a backpack. I could go the extra mile and put a padlock through the zipper handles of the backpack, but I don't bother. The statute does not exactly say "locked", it says "secured". Again the vague meaning. If you can lock the handgun container, so much the better.

I think your idea of keeping the loaded mags with the handguns would not sell if you were jammed up. But that's just my opinion.

Hope that helps?

 

[G30]

I believe any loaded mag in RI, be it handgun or long gun mag, is considered a loaded firearm and is illegal to transport without a permit. I wanted to load up my mags before going to the range so save time and when I asked the LGS they told me the above.

 

[n1bsbri]

I believe any loaded mag in RI, be it handgun or long gun mag, is considered a loaded firearm and is illegal to transport without a permit. I wanted to load up my mags before going to the range so save time and when I asked the LGS they told me the above.

Do you have a statute cite for that? I"ve heard other people say that, but I think it"s a myth. Why do people want to make up laws that are not there? We have enough problems as it is.

 

[G30]

§ 11-47-51 Loaded weapons in vehicles. – It is unlawful for any person to have in his or her possession a loaded rifle or loaded shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance or its attachments while upon or along any public highway, road, lane, or trail within this state; provided, however, that the provisions of this section shall not apply to sheriffs, deputy sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies, members of the city or town police force, investigators of the department of attorney general appointed pursuant to § 42-9-8.1, the director, assistant director and other inspectors and agents at the Rhode Island state fugitive task force appointed pursuant to § 12-6- 7.2, nor to other duly appointed law enforcement officers, including conservation officers, nor to members of the army, navy, air force, or marine corps of the United States, or the national guard or organized reserves, when on duty, nor to officers or employees of the United States authorized by law to carry a concealed firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the performance of his or her official duties under the authority of the commanding officer of the military establishment in the state of Rhode Island where he or she is employed by the United States.

 

[G30]

I realize that is for long guns, but I was told, vehemently, by the LGS and two ranges I've been to, that the statute applies to pistol mags as well.

 

[n1bsbri]

I realize that is for long guns, but I was told, vehemently, by the LGS and two ranges I've been to, that the statute applies to pistol mags as well.

Interesting, I wouldn't interpret it that way. Although like most RI laws, it's not very clear. I'm not sure what a "rifle or shotgun from the magazine of which" is. What a convoluted sentence.

It also seems to conflict with 11-47-11 and/or 11-47-18, which convey concealed carry privileges. This section should have the carve out for those with valid concealed carry permits.

 

[G30]

I agree...it doesn't make reference to detachable magazine, just says magazine, leading you to wonder if they mean the tube magazine of the shotgun or non removable magazines on certain rifles. The ranges and LGS said they got the info when "clarifying" with the PD so I take it the police at least consider any loaded mag to be a loaded weapon which will at least get you arrested...whether it would hold up in court when you present these statutes, I don't know.

 

[n1bsbri]

I agree...it doesn't make reference to detachable magazine, just says magazine, leading you to wonder if they mean the tube magazine of the shotgun or non removable magazines on certain rifles. The ranges and LGS said they got the info when "clarifying" with the PD so I take it the police at least consider any loaded mag to be a loaded weapon which will at least get you arrested...whether it would hold up in court when you present these statutes, I don't know.

We obviously need a test case. Would you like to volunteer?

 

[Neverknowsbest]

We obviously need a test case. Would you like to volunteer?

Looks like we found ourselves another gunni pig.

 

[Carnea]