MP-Pistol Forum banner

41 - 52 of 52 Posts

·
Registered
Joined
·
757 Posts
You could not be more wrong here!

...........

I was simply saying that in some cases it is NOT possible to put your gun outside of the drivers control...which means no concealment in that case!


Your edit of what I posted completely distorts what I wrote. What I'm trying to get across to you is that there generally are legally acceptable steps to place your weapon "outside the drivers control" by the manner in which you enclose it. You need to check with the local legal authority to verify what those steps may be.



You wanna carry on the seat, go ahead.
 

·
Registered
Joined
·
127 Posts
Your edit of what I posted completely distorts what I wrote. What I'm trying to get across to you is that there generally are legally acceptable steps to place your weapon "outside the drivers control" by the manner in which you enclose it. You need to check with the local legal authority to verify what those steps may be.



You wanna carry on the seat, go ahead.


You STILL don't get it....



If it is outside the drivers control, then of course you can conceal it by putting it in a case...I have said this numerous times...I am talking about the FRONT SEAT CARRY as THIS THREAD IS ABOUT THE FRONT SEAT...WHICH IS IN THE DRIVERS CONTOL in MY STATE!!!



YOU CANNOT CONCEAL OR COVER A GUN WHILE ON THE FRONT SEAT IN MAINE PERIOD!!!!



You and only you are trying to say that buy locking it in a case it would become "out of the drivers control"...This is not the case. You keep saying for me to check with a lawyer or local authority to prove your point...How about this concept...How about you checking your facts and proving your own point???



I already know that it is not the case as I live here!



BTW, the law is here...it is shown under "loaded firearms in a vehicle"



http://www.handgunlaw.us/documents/USOffLimitsA-M.pdf



As you can see and read unless it is in "plain view" you MUST place it in a "remote secure AREA" "such as a locked trunk" "away from the control of the occupants"



This means NOWHERE in the passenger compartment can they be placed (as they would be in control of the occupants) can they be placed w/o being in plain view!!!



That would be difficult to achieve if they were in a case!!







Have a nice day!
 

·
Registered
Joined
·
127 Posts
OK, your state requires that any pistol carried in a motor vehicle be carried unloaded and be out of the control of the driver or other person. The section I read-which may not be identical to the actual statute- simply recognizes open carry on the seat as lawful.



Generally, if it requires at least 2 actions to put the weapon into use it is not considered concealed within the meaning of this law. I expect, that if your weapon is unloaded and locked in a hard case and stored in the trunk or behind the seat of a pickup on the passenger side, that it is not considered concealed within your immediate control. Check with your local District Attorney to verify this, I'm not a lawyer and I don't give legal advice. Get the name of the individual who gives you the advice, a letter would be real nice.



Note: pickup trucks are kinda left out in the cold with these "within control" concepts, there generally being no place within the cab that some weasel may not consider "within control". In many sensible areas, the steps outlined above are generally considered to be a good faith effort to comply with the law. This is why I suggest you contact your local DA/CA.



Now, if your intent is to have a weapon available in the passenger compartment, get the permit!


How was my quote not what you meant...It was the first line of this post?



look above!



or here if your impaired:



OK, your state requires that any pistol carried in a motor vehicle be carried unloaded and be out of the control of the driver or other person. The section I read-which may not be identical to the actual statute- simply recognizes open carry on the seat as lawful.



This not true, My State requires the gun to be carried open if in the drivers control OR you can opt to conceal it, IF it is not in the drivers control!



Your statement uses the word AND, This not true and why I qouted it!



It is not distorted by my cropping it, it is still wrong because of the word and appears in that sentence!
 

·
Registered
Joined
·
237 Posts
[quote from EMTCOP

Here is another option, why not put it in a box or pistol rug on the front seat ( IF you have to have it there )?





What do I do in my State where I cannot conceal a firearm in a vehicle w/o a permit on the front seat???



In my State you HAVE to have it exposed! Boy, those Maine law makers are REALLY unsafe....
\



Of course they are unsafe....they are POLITICIANS!!!!!!!!
 

·
Registered
Joined
·
91 Posts
I often ask this question because I know that my state allows me to carry a handgun any way I want in my vehicle without a permit. I often ask because everyone I ask gives me some different BS answer. "You have to have it in a glove box" WRONG "It has to be in the trunk" WRONG "It has to be unloaded" WRONG (unless it's a long gun) etc.



I was recently stopped by an off duty officer when I was open carrying (no permit required) in a Chipotle (for my first time) the other day. As I suspected, he gave me the regular ole speech about getting attention and getting guns drawn on me etc, etc.



I don't care if I get a gun pointed at my face (I sure as hell won't enjoy it) just so long as my rights are not violated and I get to keep my gun when it's all over.



No one ever seems to be able to answer that question for me though.



By the way, I live in Colorado.
 

·
Registered
Joined
·
757 Posts
I often ask this question because I know that my state allows me to carry a handgun any way I want in my vehicle without a permit. I often ask because everyone I ask gives me some different BS answer.



I live in Colorado.


The one thing you must be aware of is that the laws may change. Several years back Virginia made a change in 18.2-308 that appears to make a handgun on the seat carry without a permit a violation.



And with due respect to any LEO here, they generally aren't up on the latest veresions of CCW related law-there's generally much more important stuff to go over during in-service training.
 

·
Registered
Joined
·
180 Posts
Here in the good 'ole peoples' republic of california, if you can legally own a gun, you can openly carry it on your person, or in your car in plain view, tossed in your trunk (locking trunk), etc...of course it must be unloaded.



As for LEO encounters, for the most part you'll probably get drawn down upon, ordered to the ground, and possibly cuffed and detained in a car while the LEO does their 12031 check (loaded check). After that "reasonable period of time to perform a loaded check" your detention should end. Of course that may or may not happen as they probably will invent more PC and search your car unlawfully (looking for ammo to invent more unfounded law regarding proximity of ammo and gun). Oh, and then they'll invent more law and tell you to box it up...where you should be a good activist and say "I'm not required to lock it up, but I appreciate the recommendation."



Or you might luck out as they ask you out of the car to sit on the curb while they check the gun to see if it's loaded and clear it and write you your speeding ticket.





But hopefully with incorporation of the 2A into California, and with it the Heller decision, Ronald Reagan's 12031 may go away and the Black Panthers will be able to march "near" the capitol armed again! lol Oh, and because no anti-gun losers in CA won't want to see openly carried guns, they'll give way to favorable CCW "shall issue" status!!
3 months baby, 3 months!
 

·
Registered
Joined
·
2,043 Posts
Here in the good 'ole peoples' republic of california, if you can legally own a gun, you can openly carry it on your person, or in your car in plain view, tossed in your trunk (locking trunk), etc...of course it must be unloaded.



As for LEO encounters, for the most part you'll probably get drawn down upon, ordered to the ground, and possibly cuffed and detained in a car while the LEO does their 12031 check (loaded check). After that "reasonable period of time to perform a loaded check" your detention should end. Of course that may or may not happen as they probably will invent more PC and search your car unlawfully (looking for ammo to invent more unfounded law regarding proximity of ammo and gun). Oh, and then they'll invent more law and tell you to box it up...where you should be a good activist and say "I'm not required to lock it up, but I appreciate the recommendation."



Or you might luck out as they ask you out of the car to sit on the curb while they check the gun to see if it's loaded and clear it and write you your speeding ticket.





But hopefully with incorporation of the 2A into California, and with it the Heller decision, Ronald Reagan's 12031 may go away and the Black Panthers will be able to march "near" the capitol armed again! lol Oh, and because no anti-gun losers in CA won't want to see openly carried guns, they'll give way to favorable CCW "shall issue" status!!
3 months baby, 3 months!


Amen to that!! Fight the Man!!
 

·
Registered
Joined
·
117 Posts
What a thread! Look at what's happened since I've been away. lol



First of all, I want to give props to all the LEs everywhere that routinely go up to unknown vehicles in thousands of traffic stops everywhere. You've got to have cast iron 'nads considering the problems with thugs/badguys these days. But I want to give special props to the LEs of New Mexico. Because of the laws here, these guys must have mil grade titanium 'nads to do their jobs!!! God knows enough of them get shot/shot at every month it seems and it is getting worse. Now for the reasons...



First, you've got to understand that in NM, your vehicle has the same property rights (search/seizure) as your home. Of course, in your home, you can walk around with a loaded or unloaded gun either concealed or open carried. You can do that in many states. IL and a few others being notable exceptions due to restrictive ownership laws (for now.)



Next, a definition of the term "vehicle" is in order. This may be a car or truck of course, but also includes motorcycles, Schwinn (et al) bikes, tricycles, unicycles and probably even those Hot Wheel/Big Wheel things. Age is also a minor factor so at least 18 is required to buy a gun but you can legally own/carry one much younger. 18 is the minimum age to get a CCW here as well. No waiting period either!! Walk in, get the background check, choose some ammo and head for the checkout lane. Stick around. It gets even more obscene in a moment or so.



So, in your car/truck, you can open carry or conceal it legally with no CCW; loaded or not, of course. You can do the same on your bicycle. In fact, you can hang it off your rearview mirror or bike's handlebars if you want to. Once you step out of your car/truck or off your bike, you must carry it open if you have no CCW. Open means the scabbard "shall be fully visible." No Miami Vice style waistband tuck... unless of course, you have the CCW, that is. You can loop a lanyard (go holsterless) around your 18 (or younger) neck and go happily about your business at the 7-11, MickeyDs, Bugger Queen etc. You can't go into a liqour serving establishment, school grounds, muni, fed, state etc. building and a few other places at all with a gun no matter if you're CCW legal or not. These are all things you can do and a few you can't.



For the LEs, as well as regular citizens, this is a scary place to be sometimes. I was a native Chicagoan for most of my 61 years and it scares even me! lol Couple it with a statewide drug and alcohol problem and you've got a really bad scene to be an LE. Yet here, during a traffic stop, you are not likely to be asked if you have a gun in the vehicle since it is "your home" on wheels and that would be unlawful search. Now you see why I say our NM LEs have mil spec titanium 'nads, eh? The state police, and I think recently the Albuquerque locals, now have MP357 issue weapons.



Still, it is considered "good form" and will be much appreciated to tell the LE you have a weapon in your vehicle/person during a traffic stop. Giving the CCW/DL is a good thing and can prevent some potentially exciting moments... for both parties. I'll add that in more than 15 years though, I have not seen private citizens open carrying even though that has always been legal here. It's not smart either. If someone wants a gun and sees yours, it can be gotten fairly easily by approaching from behind with their weapon of choice. Even worse, you become a target for a burglary if they can learn your address somehow.



CCW is the way to go. Just because you CAN go into the local Chuckie Cheese with your Dirty Harry Special .44 strapped to your 17 year old hip doesn't mean you SHOULD do it. lol ...and they say NY or LA is a scary place!



There's a moral to this story. Laws vary nationwide, but they are all available online these days. Really learn your state's laws and the states they have reciprocity with if you hold a CCW. You might learn some new (and even scary as I show above) do's and don'ts. How else would one learn that here in NM, living the thug life is made more difficult for the drive by artists? While you can ride around all day and night with a crate of loaded hicap mags on your seat, you may NOT fire from a moving vehicle anywhere in NM! That is plain out illegal!!! You must, of course come to a full stop first. Know the Law. Obey they Law. Above all, respect our titanium 'nadded LEs.



Ok, I've taken enough of your time. Sorry. (btw, I'm not making any of this up!)
 
41 - 52 of 52 Posts
Top