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Question for the police and lawyers on here.

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A comment was made that made it sound as though it is legal for someone to carry a gun in a purse in their vehicle even if their concealed carry permit was not valid in the state they were travelling as long as the purse had a locking zipper and the zipper was locked.

 

True or no??

 

Thoughts??

 

 

Thanks.

 

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that would vary state to state. ohio recently changed the law regarding vehicle storage.(not police or lawyer)

Edited by gmor

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Like gmor said, that is going to vary state to state.

 

Illinois actually has a very liberal carry in your vehicle law, pushed thru by downstate reps, "fixing" the transport problems in vehicles like PU trucks that do not have a trunk. They did it for the hunters. hehehe

 

They were doing everything they could to help people protect themselves in their autos, since they were having no luck with CCW at the time.

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That would be legal in Texas.

 

ETA: Texas law allows anyone who is a non-prohibited person who is not engaged in the commission of a crime or is not a member of a gang, to carry a concealed handgun on their person or in a vehicle (or boat) they have control of. You may carry the gun to-from the vehicle and your residence without a permit.

 

If you are carrying on your person and exit the vehicle to go anywhere but directly to your home you must have a permit.

 

The gun must be concealed while in the vehicle.

 

Oklahoma does not allow carry of loaded handguns in a vehicle without a permit unless you live in a state with Constitutional Carry and have proof of residency.

Edited by Flesh Wound

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handgunlaw.us, they have a whole section on vehicle storage state by state. it's a EXCELLENT site! :cool:

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here is the florida law:

 

790.25(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

 

then you have to read the definition of "securely encased"

 

790.001(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

 

 

 

based on the definition, a zippered purse may not fly.....an officer could articulate that a purse is designed to be carried on your person and would not apply as a zippered gun case. but, if you took that gun and put it in a glove box or covered center console....your good to go.

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also beware that some states allow cities/municipalities to set thier own firearms storage regulations. it was like that in ohio until about 10 years ago.

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here is the florida law:

 

790.25(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

 

then you have to read the definition of "securely encased"

 

790.001(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

 

 

 

based on the definition, a zippered purse may not fly.....an officer could articulate that a purse is designed to be carried on your person and would not apply as a zippered gun case. but, if you took that gun and put it in a glove box or covered center console....your good to go.

I would agree that a regular purse would be a no go, but a concealed weapon purse with a specially designed holster may be ok. Better though, just to toss it in the glove box.

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I travel for a living and have for well all my life. I travel to go shooting or hunting so travel with firearms a lot.

 

Keep in mind, a cop doesn't have to be right to take your gun and arrest you. What that means is when transporting a firearm to meet any laws and codes one should be very overt about their intent. In a stop, any intent that appears to skirt the law can be seen very negatively.

 

The one guide which is the fallback on gun transportation is the Federal Standard as outlined by the Firearms Owners Protection Act which is suppose and I do mean suppose to be nationwide by Federal Law. It sucks too. Its unloaded gun in a locked case that means a lock on it and ammunition in a locked case. Usual interpretation is in the trunk of a car gun in a locked case. This is suppose to be safe but I'm here to tell you some states, you best stay on the interstate and not even stop for gas, especially in the NE. As others have mentioned, this was a big deal in IL a few years back and all sorts of out of state people being charged with felonies.

 

Like others have said, what is varies greatly from state to state. I'm here to tell you it varies greatly not only state to state but city to city and police department to police department. In many states, mostly NE again, you have to have reason to even be transporting and self defense doesn't count. I'm talking to and from a range, going home from a shop, etc. This is also a major criteria if not the law for many law enforcement in non-gun friendly municipalities on whether you are in for hard time. In many of these areas, they aren't arresting you, they are arresting your gun. That's the mentality. A big example of this is Chicago or NYC which have total handgun bans. Even doing FOPA transport, just having a hand gun is enough to get your gun taken and/or you sent to prison even if you are from out of state and didn't know the law.

 

Ultimately what I'm telling you here is I don't care what state you are in a gun in a zipped locked purse is going to be perceived as a gun in a purse, a concealed carry weapon. Hire yourself a lawyer, you may convince some judge it meets the letter of that states law but that won't do a damn thing about keeping the cops from taking the gun and/or taking the person in.

 

Now these guys who think we live in Nirvanna will take exception to this but I'm going to give it to you straight. Even following FOPA, its impossible to travel this country without breaking firearm laws. You'd have to know every state law and every municipality not only law but police department directives. Though I feel quite comfortable in my county, once I leave it, not much has changed from before all this CCW stuff came about. You just can't count on reciprocity when any bug hole city in the country can take exception to it. You learn to do the best you can to be legal and then keep your mouth shut not ever giving permission for a search.

 

A side benefit, you get out of a lot of speeding tickets. While you are worried about that gun in your car, you won't be going as fast and if you are stopped, you'll be saying "Whoops my bad, sorry" to the speeding and that's what the cop wants to hear.

 

Tj

 

 

BTW, The ultimate irony of interstate gun travel is that its easier to transport an arsenal than a single firearm. You have a vehicle full of guns and tell that policeman you are going to a shoot or hunting, this he understands.

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In Louisiana, you can carry a gun loaded in your car no matter where it is, in your purse, in your glove box, in your lap. You can even be brought into gun-free zones, schools etc., as long as it doesn't exit the car. In Louisiana, your car is considered an extension of your home.

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In Oregon, I'm thinking it could result in a trip to jail. As Tj said, what might be within the letter of the law, might be a costly proposition to deal with when your spouse is going down the road in a pair of nickle plated bracelets. She may be acquitted, but it's going to cost a few bucks, and the stress of worrying about it isn't worth it. Secure it, unloaded, and so that it is inaccessible from the passenger compartment, and I think you'd be 50 state legal.

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Here in Texas in the past we had an overzealous DA in Harris County who refused to obey the Texas law on a weapon in your car. He is the reason the Texas legislature changed the law. Does not mean it couldn't happen somewhere else if a DA or police department has a more aggressive stance than the law. Like Pepper says it might cost you some $$$ to be declared innocent. So review the law before you travel.

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In Oregon, I'm thinking it could result in a trip to jail. As Tj said, what might be within the letter of the law, might be a costly proposition to deal with when your spouse is going down the road in a pair of nickle plated bracelets. She may be acquitted, but it's going to cost a few bucks, and the stress of worrying about it isn't worth it. Secure it, unloaded, and so that it is inaccessible from the passenger compartment, and I think you'd be 50 state legal.

The way i read it possible problems still may occur in NYC, DC, New Jersey (and perhaps others) even if all these procedures are followed. There is a stipulation that your trip cannoted be "interrupted" while transporting an unloaded, locked firearm through these areas. What is "interupted", visiting a friend? stopping at a motel? stopping for a meal? stopping for gas? This is not specified and is left for a jury to decide the meaning of an "interupted" trip? :CONFUS12:

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The way i read it possible problems still may occur in NYC, DC, New Jersey (and perhaps others) even if all these procedures are followed. There is a stipulation that your trip cannoted be "interrupted" while transporting an unloaded, locked firearm through these areas. What is "interupted", visiting a friend? stopping at a motel? stopping for a meal? stopping for gas? This is not specified and is left for a jury to decide the meaning of an "interupted" trip? :CONFUS12:

Visiting a friend is interrupted. Stopping overnight may be. Stopping for gas or a meal is not interrupted.

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Visiting a friend is interrupted. Stopping overnight may be. Stopping for gas or a meal is not interrupted.

:CONFUS12: depending on the officers interpretation and an anti-gun district attorney, could "interrupted" ultimately be left for a grand jury/jury to decide? :unsure:

Edited by gmor

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