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9/22/2017 12:11:25 AM
Posted: 6/7/2003 9:52:29 AM EDT
Vehicles are considered an extension of the home, right? That's why schools have so many problems with searching student vehicles without probable cause, and why the pricipal of one school shooting could have a pistol in his car in a gun-free school zone. There is nothing to prevent you from carrying openly or concealed on your property in most states also. So why do you need a permit to have a loaded gun available in a vehicle? (I am aware of the dumb laws in D.C. No need to remind me)
Link Posted: 6/7/2003 9:56:51 AM EDT
That must be a FL thing. In MD you cand have anything loaded and also if you have a mag loaded they consider it a loaded gun in the car.
Link Posted: 6/7/2003 1:12:56 PM EDT
Every state is likely different. It's far more likely that your vehicle is not an extension of your home. In fact I would almost bet that in almost all states it isn't. An RV might but only when being used as a domiclile and not as a vehicle, when it's moving it's a vehicle. When it's stopped and hooke-up it MAY be a domicle.
Link Posted: 6/7/2003 1:40:04 PM EDT
Link Posted: 6/7/2003 3:28:10 PM EDT
I always thought it had more to do with hunting laws than anything else. I thought that in all states you could not have a loaded rifle or shotgun in the car. They don't want people driving down rural roads jacking deer at night--so no loaded long guns in the car. It's a strict law in N.H (? everywhere). A friend of a friend was out hunting and had leaned his loaded rifle against the car. Fish & Game came by and cited him. You're not even supposed to reach into/touch your car with one hand while holding a loaded rifle with the other. Same thing for a handgun. So if you have a CCW with you, and a loaded handgun in the car, self-defense is essentially the reason for having the gun rather than hunting, and therefore it's completely legal. I know the law doesn't make much sense if you're living in a city, but a state hunting law would apply everywhere. It's even worse in Canada where I'm from originally. You are supposed to have the gun unloaded and cased/secured from one half hour after sunset to one half hour before sunrise. Again, a hunting law. You can't get a CCW there so that part is a non-issue. When I was picked for a moose hunt last year, we were stopped three times by the game wardens while driving from one hunting location to another. The first thing out of their mouth was: "Open the bolt!"
Link Posted: 6/7/2003 8:45:58 PM EDT
NY they have to be unloaded in a gun rack or in a locked hard case.
Link Posted: 6/7/2003 8:59:14 PM EDT
In most states, a loaded firearm in a car is a big no-no. I recently took a trip to Mississippi, and there...your vehicle is an extension of your home. I agree it should be that way in all 50 states, but it definitly isnt...
Link Posted: 6/9/2003 3:22:30 AM EDT
Unbelievable variance here. In my state car IS an extension. We also offer CCW permits. In my fled home state, the fucking weapon needs to be locked in box "A" & the ammo needs to be locked in box "B" or you are in violation. No permit is offered either at this time. A third case exists where a motorist in gun-friendly state A drives into state B. Some states will allow the motorist to retain the weapon in the passenger compartment. loaded and accessible, provided the motorist is passing through the state (not stopping for visit). Other states, usually those unkind to their own citizens require that the weapon be stowed in the trunk (often unloaded with ammo locked seperately) BEFORE crossing the state line, whether you are passing through or not. packing.org has a state by state list of all this. Moreover, I have never heard that rifle crap. In other words, it comes as no shock to me that some cities or states enforce/overenforce the law on all guns or ones in particular, but there is no nation wide policy governing what you can/cannot have in loaded & accessible in your car.
Link Posted: 6/9/2003 7:40:08 AM EDT
[Last Edit: 6/9/2003 7:50:59 AM EDT by Sunset04]
In Louisiana, the car is considered an extension of the home, so basically you can have any legal gun anywhere you want. By the way, there is a federal law that allows you to carry an unloaded gun in the trunk when traveling from state to state, regardless what the state's law is. Go to [url]http://www.nra.org[/url] or [url]http://www.gunlaws.com[/url] for more info. Can anyone tell me the point of the 2nd amendment when we have all these laws forcing us to carry our weapons in inaccessable places like the trunk or a locked box?
Link Posted: 6/9/2003 8:36:58 AM EDT
Here in Cali a vehicle is not considered an "extension of your home" unless it's a motorhome. I'm not sure exactly how motorhome is defined for that purpose, but it is legal in Cali it have a passenger sitting in the living area (not the driver's seat or passenger seat) drinking an alcoholic beverage while the vehicle is in motion. It's possible that a loaded firearm, even a concealed one, would be kosher there but I wouldn't volunteer to be a test case. I put a folding stock on my Mini-14 so it would fit in the linen closet of my VW camper van, but had to take it off or the rifle would have magically turned into an "assault weapon" at midnight on 1/1/2000. Bottom line = state laws vary.
Link Posted: 6/9/2003 7:50:08 PM EDT
Loaded in a vehicle used to be just a Fish & Game Code violation for eons in CA. Not sure what it is, but expect there are applicable Penal Code statutes now. I think for it to count as your home it needs to be stopped and being used as a residence/camping/etc. Stopped at a Stop sign isn't going to cut it.
Link Posted: 6/9/2003 9:14:01 PM EDT
Originally Posted By Sunset04: By the way, there is a federal law that allows you to carry an unloaded gun in the trunk when traveling from state to state, regardless what the state's law is. Go to [url]http://www.nra.org[/url] or [url]http://www.gunlaws.com[/url] for more info.
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Im not gonna test that. Its much better [b]not[/b] to have a felony conviction if you plan on buying guns in the future. BTW IIRC State law supersedes federal law.
Link Posted: 6/10/2003 6:45:00 AM EDT
[Last Edit: 6/10/2003 2:26:48 PM EDT by California_Kid]
Originally Posted By ZRH: ...IIRC State law supersedes federal law.
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(strike out added) [s]Generally yes, but[/s] Provisions of the 1986 federal Firearms Owners Protection Act were written to protect the rights of people travelling through states that have restrictive laws. Your weapon has to be unloaded (state definitions of which vary), and your possession of it has to be lawful in your state of origin and in your destination. See [url]http://www.guncite.com/journals/hardfopa.html[/url] for a thorough discussion of FOPA.
Link Posted: 6/10/2003 12:54:03 PM EDT
Incorrect. State law does not supercede federal law. In a direct conflict, federal law always supercedes state or local law. State laws can generally be more restrictive than federal law (unless federal law says no) but they cannot be less so. Case in point, if your state passed a law specifically saying you can own post-9/94 assault weapons could you? Nope. State law loses out. The FOPA is a good example too, the federal government said that states cannot prohibit gun owners from traveling through their state with an otherwise legal firearm as long as the owner obeys all of the FOPA provisions. I'm not saying they won't hassle you for doing it (or that you won't have to fight it out in court) but technically, they have no legal grounds to stand on. I'm a little rusty on my Constitutional law, but I believe the supremacy clause of the US Constitution spells this out. Someone please correct me if I'm wrong about that.
Link Posted: 6/20/2003 8:09:27 PM EDT
Suburban I am a Certified Law Enforcement Firearms instructor, there is no law which states that you must have a permit in order to carry a firearm in your vehicle here in Florida. The state statute stats that it must be encased securely only and not be readily accessible, You would be well with in your rights to have a loaded handgun in a holster and then place it in your glove box, you could even place it inside your center console but a lot of Police officers that do not know the exact law would arrest you. Here is a phone number for the state (850-488-5381) this is the office of the Division of Licensing they can provide you with several pamphlets that outline state law for you. Remember if you do carry a gun in the glove box to never place your hand near it if you ever get pulled over. Also never place the firearm under an occupied seat this would be concealing and would get you into a lot of trouble if you don't have a concealed weapons permit. Get the permit it costs $117.00 and is good for 5 years and then only $65.00 to renew for another 5 years. Good luck.
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