We are looking for Car laws...

[Stubob]

We are updating the main law pages and are looking for gun laws for each state.

We have some, but we need help for the CCW community. It will help adding the information on each state about "Glove Box rules"....

[jlc]

www.ag.state.oh.us Attorney General, Ohio web site.

Statutory Refrence: RC.2923.16(E)

Make sure the handgun is:

* In a holster secured on your person, OR
* In a closed case, bag,box or other container that is in plain sight and has a closing mechanism such as zipper, snap or buckle, OR
* Locked in your closed glove compartment, OR
* Locked in a case.

The above taked directly from the "Ohio Concealed Carry Law Handbook.

jlc

[liquibyte]

Interestingly, trying to look up the Florida statutes again to contribute, I found this link, I'm not sure if this might help others help you or you to help yourselves but linked from Florida's Division of Licensing links page I found this:

Full-text state statutes and legislation on the Internet (http://www.prairienet.org/~scruffy/f.htm)

Interestingly I don't remember seeing that there before but I could be wrong.

And the statute on "POSSESSION IN PRIVATE CONVEYANCE" (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=-%3E2007-%3ECh0790-%3ESection%2025#0790.25) for Florida.
Chapter 790.25(5)

(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.

Also an edit thanks to Stubob and the link to Jon H. Gutmacher's (http://www.floridafirearmslaw.com/) site in the Florida forum, where incidently you can buy the book Florida Firearms -- Law, Use & Ownership (http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=PROD&Store_Code=FFL&Product_Code=Florida-Firearms-Law-Use-Ownership-Book&Category_Code=Florida-Firearms-Law-Use-And-Ownership-Book-Info) which I plan on obtaining myself. The following quote is from Mr. Gutmacher's site (http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=CTGY&Store_Code=FFL&Category_Code=Carrying-Concealed-Firearm-Concealed-Weapon):

Carrying a Concealed Firearm (CCF) or Carrying a Concealed Weapon (CCW):

Unless you have a Concealed Weapons Permit (CWP) carrying a concealed firearm other than on your own property or the property of your business is a third degree felony in Florida punishable by up to five years imprisonment. [Florida Statute 790.01]. A similar provision applies to other weapons that are not firearms, however, the punishment is a first degree misdemeanor. The most common arrest for carrying a concealed firearm in Florida is when a hand gun is placed under a seat in a car without the hand gun being placed inside a snapped holster. This is generally against the law because the firearm is not “securely encased”.

For an in depth discussion of what is or is not “securely encased”, and other defenses, I highly recommend my book: "Florida Firearms – Law, Use & Ownership". It can be ordered off my website [www.FloridaFirearmsLaw.com], and the book is also available thru many gun shops and gun ranges in Florida. It should answer all your questions on this subject. The most important exception to the crime of carrying a concealed firearm or carrying a concealed weapon occurs when you are in a private vehicle, so long as you are 18 years of age, or older. In that case Florida law usually allows the weapon or firearm to be legally kept ‘securely encased" in the vehicle, although there are some exceptions. The simplest and most common definition of "securely encased" means it is in a holster or gun rug that is snapped, zipped, or strapped, or in a box or container with a closed lid or top so that the lid or top must be physically opened in order to use or fire the weapon. Securely encased would also allow the firearm or weapon to be placed inside a closed glove compartment or closed console of a vehicle. The firearm may be fully loaded at the time, however, it cannot be concealed on your person unless you also have a CWP.

Another exception to concealed carry is that you may legally carry a Taser or other non-lethal electronic defensive weapon, or a self-defense chemical spray that does not contain more than two ounces of chemical either open or concealed anywhere other than school grounds, school bus stops, school buses, many government buildings and facilities, and some government offices even if in a private building. I also wouldn’t try taking them inside an airport although it is currently legal to have them securely encased inside your vehicle the parking garage of a commercial airport. You can also keep a firearm on your person either concealed or open inside your home or business. If you take it outside, it gets a little complicated, and may or may not be legal depending on many different circumstances.

As a general rule – I think there are a number of very good defenses to this charge that may be unknown to both police and laymen, alike. Also – many police officers unfortunately lack proper training in this area, and I’ve handled quite a few cases where the arrest was made based on the mistaken belief of the officer that the conduct was illegal – when it actually was completely legal. In some of those cases, once the criminal charges were disposed of, we were even able to obtain civil damages for false arrest because the mistake was so clear cut.

If you are in a situation where you are about to be arrested for "legally" carrying a hand gun, other firearm, knife, or some other weapon because the police officer is mistaken about the law – my advise is to politely advise the officer that you thought you were acting legally, and you believed that your conduct was legal. Ask him or her if they would please contact a supervisor to check on it before completing the arrest. Don’t threaten them with legal action or a formal complaint! This will only make matters worse. If all this fails, Mr. Gutmacher has handled these cases throughout the State of Florida, and would be happy to discuss representing you. Please feel free to give him a call.

[junglebob]

www.ag.state.oh.us Attorney General, Ohio web site.

Statutory Refrence: RC.2923.16(E)

Make sure the handgun is:

* In a holster secured on your person, OR
* In a closed case, bag,box or other container that is in plain sight and has a closing mechanism such as zipper, snap or buckle, OR
* Locked in your closed glove compartment, OR
* Locked in a case.

The above taked directly from the "Ohio Concealed Carry Law Handbook.

jlc
I know you had that strange requirement when CCW legislation passed that the firearm had to be in the open when in a vehicle. Can it no longer be in the open now? Is that locked in a glove compartment or locked in a case, or in a closed case requirement good if you don't have a carry license recognized by Ohio?

[taking back sunday]

in indiana, you are not allowed to carry a handgun in the glove box or trunk of your car unless you have a permit, no matter how disassembled or locked up it is. kinda strange considering indiana lets you carry in a bar, while intoxicated, in airports, when 18 years old etc..

[jlc]

Junglebob,

One of the ways a loaded handgun can be carried in a motor vehicle by a ccw license holder is in a holster on your person, thats where the "in plain sight" originally came in. That part of the law was changed in March of 2007. It no longer needs to be in plain sight when in a holster ON your person. The rest of the rules for a loaded firearm in a car are as I posted above.
R.C. 2923.16 (B)-(C) deals with a firearm in a car when the person has NO CCW license.
If you don't have a CCW, you cannot transport a firearm in a vehicle unless it is unloaded and carried in one of the following ways.
* In a closed package, box or case
* In a compartment that can be reached only by leaving the vehicle.
*In plain sight and secured in a rack or holder made for that purpose.
* In plain sight with the action open or the handgun stripped, or if the firearm is of a type in which the action will not stay open or cannot easily be stripped, be in plain sight.

jlc

[Bill of Rights]

in indiana, you are not allowed to carry a handgun in the glove box or trunk of your car unless you have a permit, no matter how disassembled or locked up it is. kinda strange considering indiana lets you carry in a bar, while intoxicated, in airports, when 18 years old etc..

Not exactly true, TBS, If the gun is in a "secure wrapper" and unloaded, you can carry in trunk definitely and I don't recall any specific prohibition on glovebox. Granted, this presently applies to trips from place of purchase or repair to home or work and between home and work, but it is legal to carry.

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.

IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons authorized by him in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
(8 ) employees of the United States duly authorized to carry handguns;
(9) employees of express companies when engaged in company business;
(10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a handgun in the usual or ordinary course of that business; or
(11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.

http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html

If I read #9 correctly, Fed Ex/UPS/DHL, etc are all allowed to do so as well, as are gunsmiths and factory reps (per #10).

Thanks for the post, though! :)

Blessings,
B

[taking back sunday]

thanks for clearing up my lack of experience with guns and the law bill
:D apparently i didnt read #11 closely enough earlier

[MeAgain]

http://www.mass.gov/legis/laws/mgl/140-131c.htm


Chapter 140: Section 131C. Carrying of firearms in a vehicle

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.

(c) No person possessing a large capacity rifle or shotgun under a Class A or 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 not less than $500 nor more than $5,000.

(d) The provisions of this section shall not apply to (i) any officer, agent or employee of the commonwealth or any state or the United States; (ii) any member of the military or other service of any state or of the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the weapon so carried or possessed and is acting within the scope of his duties.

(e) A conviction of a violation of this section shall be reported forthwith by the court or magistrate to the licensing authority who shall immediately revoke the card or license of the person so convicted. No new such card or license may be issued to any such person until one year after the date of revocation.

In Massachusetts you can NOT carry any weapon without a LTC or FOID

No HANDGUNS unless you have a Class-A or Class-B LTC
No SHOTGUN or RIFLE unless you have at a FOID or LTC

You can only carry concealed if you have a LTC-ALP
thats a License To Carry - All Lawful Purpose with no restrictions

If you have a LTC-B you can carry in vehicle when weapon is not on your person, unloaded and locked in a container with a key or combination lock, not just a zipper


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[snoball]

New Mexico
New Mexico has an extended domain law. Vehicles are considered an extension of your home, anything you can do in your home, you can do in a vehicle in New Mexico.
From the Department of Public Safety FAQ.
Q. I will be traveling through New Mexico in a private automobile, are there any laws that address the issue of having a gun in my automobile?
A. New Mexico law allows a person to have a concealed loaded firearm in his/her vehicle (including motorcycles and bicycles). If you are not licensed to carry concealed in this State, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle.

[Bill of Rights]

You can only carry concealed if you have a LTC-ALP
thats a License To Carry - All Lawful Purpose with no restrictions.

I was looking through te file I created when I was doing the map update info for the site and found:
Chapter 140: Section 131G. Carrying of firearms by non-residents; conditions
Section 131G. Any person who is not a resident of the commonwealth may carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person is a resident of the United States and has a permit or license to carry firearms issued under the laws of any state, district or territory thereof which has licensing requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, he has on his person a hunting or sporting license issued by the commonwealth or by the state of his destination. Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms as described in this sectionhttp://www.mass.gov/legis/laws/mgl/140-131g.htm

If I read this correctly, it says that all permits are recognized for non-residents of MA and they may carry so long as it is to either take part in a competition, to attend a meeting or exhibition of collectors, or to hunt. Hunting will require a hunting license that some other state has issued. Am I misreading this or is it a case of the law being enforced differently than it is written?

Thanks for helping clarify this mishmash. It'd be so much easier just to rely on the 2A and nothing more, wouldn't it?

Blessings,
B

[MeAgain]

http://www.mass.gov/legis/laws/mgl/140-131g.htm

If I read this correctly, it says that all permits are recognized for non-residents of MA and they may carry so long as it is to either take part in a competition, to attend a meeting or exhibition of collectors, or to hunt. Hunting will require a hunting license that some other state has issued. Am I misreading this or is it a case of the law being enforced differently than it is written?

Thanks for helping clarify this mishmash. It'd be so much easier just to rely on the 2A and nothing more, wouldn't it?

Blessings,
B

Mass law is so much crap that even the LEO in the state don't fully understand it.

If a State Police pulls you over and you are found to have a weapon and a CCW, he MAY STILL ARREST you if you don't have proof that you are going to a competition or have a hunting license in the state of your destination. :shock:
They kind of ignore the peaceful journey law if you're just going to visit friends or relatives in a state that required you to drive thru Mass. :evil:

If a Local Police pulls you over and he or she doesn't know the laws, you show him or her your Conceal Permit and he or she will let you go, because a lot of local police don't know how to interpret the law, they just figure, no license = you go to jail
license from any state = you are OK to continue your journey :shock:

Darn it would be nice if they just respect the 2nd Amendment for all Legal US Resident

But don't hold your breath, 'cause we're talking about Massachusetts now.

They are black-mailing non-residents to apply for a non-resident permit , which cost $100 just for one-year


------------------------------

[jlc]

Gentlemen, Any postings by me (jlc) on the subject of CCW in a car was ment to address the laws of OHIO , sorry I may not have made that clear enough after my first post near the top.

jlc :?

[Stubob]

Guys lets keep this going - and if you have a reference with a link so we can check it out and then we can post it on the legal section.

Any posters with Links will be put into this months holster give away!!!!

[junglebob]

Kentucky allows carry of a loaded handgun in a vehicles glove box (not console). This is allowed under statute KRS527.020 It reads a deadly weapon shall not be deemed concealed if it is located in a glove box regularly installed in a motor vehicle by its manufacturer regardless whether it is locked, unlocked or has no locking mechanism.

This can be found at www.kentuckystatepolice.org/concealed.htm under concealed carry license information.

[99sparks]

Kansas

12-16,124. Firearms and ammunition; regulation by city or county, limitations.

(d) No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm.

http://law.justia.com/kansas/codes/chapter12/statute_3908.html

Now the view point of people in KS, at least one of them being a lawyer that helped pass the CCW law in KS, If the weapon in a plastic sandwich bag it is encased.

It is my understanding some cities may pass additional requirements, see the link above.

CCW holders in KS are exception to the above. You can be concealed inside your car or have it open in your car, not encased.
Info on KS CCW http://www.ksag.org/content/page/id/90 has about any info you want.

SME’s (Subject Matter Experts) may be found at http://www.ksccw.com/ just sign up and ask a question.

To the best of my knowledge.

[snoball]

New Mexico references
NM Department of Public Safety:
http://www.dps.nm.org/lawEnforcement/ccw/index.php

Firearm/CCW Laws: NM Statutes 30-7-1 thru 30-7-16 = http://law.justia.com/newmexico/codes/nmrc/jd_ch30art7-c459.html

State Gun Laws: http://gunshowonthenet.com/State_Gun_Laws/New%20Mexico.pdf

Deadly Force Laws: NM Statutes 14-5170 thru 14-5191

Constitution of the State of New Mexico
Sec. 6. (Right to bear arms)
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)

30-7-2. Unlawful carrying of a deadly weapon.
A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
1. in the person’s residence or on real property belonging to him as owner, lessee, tenant or licensee;
2. in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;
3. by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
4. by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
5. by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
6. by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].


B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.

[Michael09]

This link is the Virginia State Police reference to the VA Code.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

[fiddlin1]

In Nevada-
You make carry a loaded gun in your car- under the seat- on the seat or in the glove box-
no limitations except concealed on your body-
cant do that unless you have a permit-
Mark

[junglebob]

Junglebob,

One of the ways a loaded handgun can be carried in a motor vehicle by a ccw license holder is in a holster on your person, thats where the "in plain sight" originally came in. That part of the law was changed in March of 2007. It no longer needs to be in plain sight when in a holster ON your person. The rest of the rules for a loaded firearm in a car are as I posted above.
R.C. 2923.16 (B)-(C) deals with a firearm in a car when the person has NO CCW license.
If you don't have a CCW, you cannot transport a firearm in a vehicle unless it is unloaded and carried in one of the following ways.
* In a closed package, box or case
* In a compartment that can be reached only by leaving the vehicle.
*In plain sight and secured in a rack or holder made for that purpose.
* In plain sight with the action open or the handgun stripped, or if the firearm is of a type in which the action will not stay open or cannot easily be stripped, be in plain sight.

jlc
jlc, Do you know can a loaded magazine be in the case with the unloaded firearm if you don't have a permit?

[jlc]

Junglebob,

Although I see no mention of a loaded clip, speedloader etc being allowed in the case with the unloaded firearm, there is mention of NO ammunition being READY AT HAND in another paragraph of the OHIO Revised code.
This is for someone NOT liscensed to carry concealed. So I would keep ammunition in a separate compartment from the weapon and again I am not a lawyer.

jlc

[Smokewagon]

Texas now allows law abiding citizens to have a loaded concealed handgun in a vehicle without CHL. HB 1815

http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/HB01815I.pdf

[Evil Ernie]

Colorado Revised Statutes in a nutshell:
18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.

(2) It shall not be an offense if the defendant was:

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling

As well as:

18-12-204. Permit contents - validity - carrying requirements.

(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:

(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense