AR Sponsor
Posted: 12/31/2004 2:55:36 PM EDT
|
Simple question that I "may" already know the answer to": Transporting my AR..... I just recieved my new "discrete case", but it only has enough mag pouches built in to carry 6 mags. My question is........... If my 6 loaded mags take up all the mag pouches can I legally transport my 7th mag (loaded) in the magwell, but not have a round chambered? Would this be legal? To me, this would fall into a "grey area" in the laws. But as far as the "law enforcement" (LMAO) is concerend- Sometimes it would depend on the day & the mood the officer is in or is it more clearly stated? For example: In the Michigan handgun laws there is a law that reads something to the effect about a pistol being carried in an unlocked glovebox is leagal. When I asked a police officer about it & showed him the book & where it stated that, his reply was simply- "I can tell you your Glock is a handgun, not a pistol.". I just smiled, said thanks & walked away. There are alot of laws that read differently than what they mean & clarifying them can be a pain..... Anyone have a legit answer to my question about the "loaded mag"? hinking.gif Coffee |
I was always told the same thing. The only 'verifiable' source I could ever find was here... www.michigan.gov/dnr/0,1607,7-153-10363_10919_11749-31579--,00.html
|
|
That's a state issue. I would guess that it is VERY illegal, as it is here in Texas. More than all of the legalities of the matter, it is VERY UNSAFE TO TRANSPORT A LOADED WEAPON. I mean no disrespect, but perhaps a hunters safety class is in order. There's a fellow in my church back in Austin that has been in a wheelchair for the past 30 years because his son was transporting a loaded weapon in the back of the truck he was driving. The sons rifle shot the father thru the spine. Transport the weapon, unloaded, with the chamber open, in a case, with the barrel pointed towards the back of the vehicle. Store the ammo and mags in a seperate container. Redundant safety precautions will SAVE YOUR LIFE. |
|
Longhorn 789, I take it your not a big fan of concealed carry? Coffee, Just remember even if it is legal that doesn't mean your average police officer will know what the law is. I have been threatened jail a few times because I was in violation of the "law" that didn't exist. Like everyone else suggested check your state law and then keep a copy with you if you decide to head into a grey area. (And just for the record it doesn't help your case any arguing with a police officer) |
|
Man I am glad I live in Indiana. I can walk down Main Street with a AR locked and loaded slung on my back.  As long as I am not pointing it at anyone. As for keeping it in the case with a mag loaded, state law not-withstanding there is no safety issue. I personally wouldn't store it with a round in the chamber, but a loaded mag and empty chamber poses no risks. It's all up to you and your local law. |
|
|
i remember reading this a few years ago. i'm pretty sure it was from the Texas Penal Code, but it was some time ago. i can't seem to find anything about the locked cases now. I found this under Texas Penal Code Title 10 Capter 46.15: NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to: (3) is traveling; (4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, if the weapon is a type commonly used in the activity; Didn't see anything about locked cases. maybe it's been changed, or i made it up. |
|
|
The laws on transporting firearms DO vary from State to State. You need to check the State Statutes in YOUR State, or any State you contemplate transporting a firearm in or through. Oklahoma, for instance, from an Official State of Oklahoma Website: Transporting A Loaded Firearm
 Lonny |
|
Here you are able to carry loaded magazines BUT the gun must be in a case in plain view. And the ammunition must be locked away in a separate area. I.E. trunk or locked box. But I THINK you can transport handguns even without a CCW permit as long as it is in plain view. I have gotten so many different answers from cops that I wonder if they even know. |
 I mean no disrespect either, because what you are spaking of is different from my 2 cents worth, but you have to watch your "blanket statements". In many cases it's more dangerous (to you) to carry unloaded firearms. What good is a firearm for defense if not loaded? In the state I am visiting (near MI) it must be in a locked box or trunk unloaded. LA has a provision that your car is an extension of your home, allowing for a loaded firearm to be permitted in the passenger section for anti-carjacking purposes. If TSHTF I can "possibly" flip a combination lock (set to 001), rack a round and defend myself, although I'd hate to be in that scenario. Open the box, grab the mag, fumble with insertion, racking, and defending ain't gonna happen. I don't believe in loaded/unloaded unless handling a firearm that isn't yours or out of your hand for a time, in which case it's ALWAYS CONSIDERED LOADED. In this case there is no difference in safety between a loaded gun and an unloaded gun. The difference is between a "chambered" gun and one that is loaded/unloaded. Again, there is a time and a place where a firearm with a round chambered is safer for you (and others) than unloaded. FUCK ALL STATES PROHIBITING LOADED CARRY IN ONE'S VEHICLE. |
That is a good question. I think it is OK, but I am going to check Fla. law to be sure. Can you imagine the headline? "Man arrested with loaded machine-gun" 
|
|
topgunpilot20 your 100% right in Texas based on the below NONAPPLICABILITY info. The information below is dealing with handguns. Now the traveling is very loose, because there is no definition of traveling in the Texas Penal Code. It's up the officer and the courts. The most common definition is using the traveling from one county to another. And none of this applies to CCW holders. Now having said all that. It is also legal to carry a loaded shotgun or rifle slung over your shoulder walking downtown where ever in Texas as long as it does not calculate alarm (section 42.01 (a)(8), Texas Penal Code. In my area of Texas it is not uncommon to see people riding horses or ATV's with a rifle slung over the saddle or seat. Of course cities can make laws making it illegal to carry a weapon in the open, but I am unaware of any that has. It is common to see loaded AR's or mini-14's in pickup trucks. Here is another one from Texas. You can use deadly force to prevent arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime. And to prevent a person from fleeing who has commited the above crimes. You can also use deadly force to proctect a third persons property. And the topper, you can use deadly force to prevent trespassing. All this is listed in the Texas Penal Code under subchapters D - 9.41, 9.42 and 9.43. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to: (3) is traveling; (4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, if the weapon is a type commonly used in the activity;  |
|
Coffee, It's also illegal to fall asleep in a bathtub in Detroit. Just one more statute that nobody's bothered purging from the overwhelming volume of law that doesn't do anybody any good. As for legality, I can't even speculate. On the other hand, I can state categorically that just because 9 police officers have pulled you over and searched your vehicle with loaded weapons in it, doesn't mean tht number 10 won't decide you've violated some law-which he probably doesn't know anything about either. I grew up in Michigan, moved to Texas with the Air Force, and have lived here ever since (except when they made me live in Central America or Mississippi). {absolute truth} It is 1 million times SAFER to have your firearm in a different container than your ammunition when transporting them.{/absolute truth} You can't hit a bump and make the firearm go off, no cop can say you were transporting a loaded weapon, and the ammunition can't scratch anything up because of the bumps in the road. It's also smarter to have said firearm and ammunition where you cannot get at them while you're driving, mostly so the cop can't say anything about it. From these forums, I've determined that the more active posters here tend to know a lot more about the law than most police officers-at any level. DO NOT DEPEND ON THEIR KNOWLEDGE IN DECIDING WHAT IS AND WHAT IS NOT ALLOWABLE. Know the law AND do what you can to prevent a very "unpleasant" missunderstanding. |
|
Why do people ask for second and third hand information on a subject that, if treated incorrectly, can easily lead to a felony conviction and loss of all 2A rights? With all the legitimate information available on the internet, and the ease of finding it (type Michigan gun laws in Google, or go to the NRA-ILA's website), why would anyone ask for opinions from laymen instead of going to the source? Holy shit............. And no, I'm not going to post the answer here, even though I know exactly where to find it. |
Wow! Thanks for the help......have I personally think that if you would've pasted a link to the info, it would've taken less time than typing your origional response?? hock.gif I have tried searching (with my "limited computer ability") and came up with nothing which answers my question directly. I went into the military years ago with an M.O.S. for blowing things up and shooting, not an M.O.S. for computer programming...... he If my loaded magazine is in my weapon, which does not have a round chambered ("bolt closed", so as not to accidentally chamber a round he Hint: It is a one word answer, so not to waste your time with my ignorance- Coffee |
AR Sponsor