Under your control...?

[FITH]

The whole storage thread brought me back to this Q

(IMO this is how it appears)
Un-Licensed..Gangbanger gets pulled over. Gun is found under his seat(cause thats where the always keep um) He is charge with possesion of a firearm(under his comtrol)

Lic. ...you are pulled over. You gun is on the seat next to you(for what ever reason you chose) You are charged with improper storage. BECAUSE it is not in you direct control.

Care to share why this is?

 

[jkelly]

Is that what the charges would be and is the word "Direct" in there somewhere? Just asking.

Respectfully,

jkelly

 

[KMaurer]

The whole storage thread brought me back to this Q

(IMO this is how it appears)
Un-Licensed..Gangbanger gets pulled over. Gun is found under his seat(cause thats where the always keep um) He is charge with possesion of a firearm(under his comtrol)

Lic. ...you are pulled over. You gun is on the seat next to you(for what ever reason you chose) You are charged with improper storage. BECAUSE it is not in you direct control.

Care to share why this is?

If your license doesn't allow you to carry, then the gun has to be unloaded and secured during transportation (not the same law as for storage), so you'd either be carrying illegally or transporting illegally. The unlicensed gangbanger would be in the same boat, plus possession without a license. If your license is an unrestricted Class A, then there shouldn't be any charge, since you're carrying under the provisions of your license.

Ken

 

[FITH]

I believe it(the law) says on your person.....

could be wrong!

 

[TY43215]

I believe it(the law) says on your person.....

could be wrong!

I does not say that.

For the violation of an unlicensed person see MGLCH 269s10

For a licensed person see MGLch140s131C

which states in part:

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.

It is pretty plain what is required.

 

[Gabe]

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.

So, this doesn't mention "unrestricted" or "restricted." Could a restricted LTCA holder actually carry while driving?

 

[GLOCK.Perfection]

if you carry with a restricted ltc A and you have an encounter, then you could lose your license if your chief of police is notified, however im 99% sure its not a criminal offense because you have a license to carry.

basically what i am trying to say is if you have an ltc A for target and hunting, you get caught carrying while driving, or wherever else, then you hav not committed a crime, however your ltc will most likely be taken away since you did not comply with the restrictions on your license.

 

[program]

If your the only person in the car and you have a class A license to carry all the time you are fine because only you can get to the gun. Also you have to remember most police officers do not know many of the laws. I was a passenger in a friends car and he went down a one way after they stopped us and ask for his driver license I never told them I had a handgun because they never asked me nothing I was not driving. They asked us out of the car ( for what who knows ) both our records are clean, so I told them I had a license to carry and had a gun they went nuts. They tried to tell me I broke the law he could take me in for that, I should of told right off they stayed there 15 minutes yelling at me. Since I was not driving I did not have to tell them It all ending with me telling them if they feel I broke the law lock me up then. We got the ticket though...

 

[KMaurer]

if you carry with a restricted ltc A and you have an encounter, then you could lose your license if your chief of police is notified, however im 99% sure its not a criminal offense because you have a license to carry.

No criminal sanctions, but there's a fine of from $1K to $10K for violation of any restrictions. Chapter 140 Section 131(a).

Ken

 

[MassMark]

I wonder how "control" would be defined in this situation? I have an "All Lawful Purposes" ClassA. I carry my 642CT constantly. However, in searching for a suitable cross-draw carry rig, I have been thinking about carrying in a messenger bag on my front seat while I drive, (front pocket carry makes quick retrieval impossible). So, would I be considered "in control" if my gun is in a bag on my seat?

 

[clearshot7]

Ok, I am still confused (comes with age ). I have LTC class A with no restrictions. When I drive to the range, I have three options:

(1) Carry my handgun holstered -- I assume that means that it is under my direct control, and can it be loaded?

(2) Have the handgun unloaded in a locked compartment in my range bag, on the passenger seat (I am the only one in the car).

(3) Have the handgun in a locked handgun box under the driver's seat, and attached to the frame of the seat with a steel cable.

Which is the "legal" way to transport so there won't be a hassle (hopefully) if I were pulled over for some minor moving violation?
Comments appreciated

 

[blindndead]

No criminal sanctions, but there's a fine of from $1K to $10K for violation of any restrictions. Chapter 140 Section 131(a).

Ken

If the fine is all that it was I would take the chance. You cant put a price on your life. I just dont want the PD to take my restricted class A and have nothing. I dont even take a chance to carry around the house.

 

[KMaurer]

If the fine is all that it was I would take the chance. You cant put a price on your life. I just dont want the PD to take my restricted class A and have nothing. I dont even take a chance to carry around the house.

Oh, if you get caught violating a restriction on your Class A you can be pretty certain that the chief who put that restriction there will decide that you're no longer suitable and yank even the restricted license. Of course that still leaves you with the 870 for the bedroom. BTW, there's no chance in carrying around the house, since that isn't a "public way or place" as specified in the statutes.

Ken

 

[blindndead]

restriction BTW, there's no chance in carrying around the house, since that isn't a "public way or place" as specified in the statutes.

Ken

I didnt know that, Is that for in home only? or on my property also doing yard work ect.. I thought restricted mean's restricted?

 

[kevin9]

The whole storage thread brought me back to this Q

(IMO this is how it appears)
Un-Licensed..Gangbanger gets pulled over. Gun is found under his seat(cause thats where the always keep um) He is charge with possesion of a firearm(under his comtrol)

Lic. ...you are pulled over. You gun is on the seat next to you(for what ever reason you chose) You are charged with improper storage. BECAUSE it is not in you direct control.

Care to share why this is?

IANAL, but I think the key is that there is a legal difference between "possession" and "direct control". Both people are in possession; one legally, one not. Neither are legally in direct control, although I suspect it only really matters for the second person.

 

[FITH]

Thanks
Never found that part of the law!

I does not say that.

For the violation of an unlicensed person see MGLCH 269s10

For a licensed person see MGLch140s131C

which states in part:



It is pretty plain what is required.

 

[FITH]

Well can't be any different then a women carring in a purse W/the holsters

I wonder how "control" would be defined in this situation? I have an "All Lawful Purposes" ClassA. I carry my 642CT constantly. However, in searching for a suitable cross-draw carry rig, I have been thinking about carrying in a messenger bag on my front seat while I drive, (front pocket carry makes quick retrieval impossible). So, would I be considered "in control" if my gun is in a bag on my seat?

 

[Doctordrew]

in my bfsc ltc002 class we were told it must be under DIRECT conrol and the instructor actually used that as an example... he said "if your driving alone and take your pistol out and put it next to you because it was digging into you, your in violation because it isnt in your direct control..."

thats what i was tought, and once i get my LTC (dont have it yet ) i am never going to take it off my direct control unless its in my safe..

 

[M1911]

I have been thinking about carrying in a messenger bag on my front seat while I drive,

I recommend against that. If you have to stop quickly, that bag is now rolling around in the passenger footwell, out of reach.

 

[TY43215]

in my bfsc ltc002 class we were told it must be under DIRECT conrol and the instructor actually used that as an example... he said "if your driving alone and take your pistol out and put it next to you because it was digging into you, your in violation because it isnt in your direct control..."

thats what i was tought, and once i get my LTC (dont have it yet ) i am never going to take it off my direct control unless its in my safe..

Many "Instructors" put their own opinions into classes where they do not belong.

 

[MaverickNH]

I have been thinking about carrying in a messenger bag on my front seat.

Two options I use:

1) The Wilderness SafePacker on a shoulder sling - rides over in my right side just out of view but easily accessible http://store.thewilderness.com/index.php?cPath=51

2) Camelbak Goblin fanny pack, I just pass the seatbelt through the rear strap used to tear open the pistol compartment so a quick pull on the front strap opens the compartment. http://www.practicaltactical.net/prostores/servlet/-strse-241/Camelbak-Goblin-Concealed-Carry/Detail

In both cases, the gun is holstered, hidden and "under your direct control". Also, quickly accessable and won't get lost if you slam on the brakes or roll the car. As I usually get up early and drive into the gym in Boston to beat the traffic (530am), the Goblin holds my wallet, knife, cell phone and pistol in separate compartments - I tossed the little hydration bag.