states don't allow leaving a handgun in car unattended. - Page 2

states don't allow leaving a handgun in car unattended.

This is a discussion on states don't allow leaving a handgun in car unattended. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; One word for the OP: punctuation....

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Thread: states don't allow leaving a handgun in car unattended.

  1. #16
    Ex Member Array MadMac's Avatar
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    One word for the OP: punctuation.
    Majorlk likes this.


  2. #17
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    In NY state there are the written laws by the legislature and then interpretations by licensing bureau. In Nassau County (Long Island) there is a handbook specific to the county license holders. New York state authorizes concealed carry; however, the courts have upheld the ability for licensing officers to place restrictions on the concealed carry. Additionally, a licensing officer has full discretion to revoke your permit and thereby making it illegal to even touch a firearm in NY state. Therefore, they can seize all your pistols. So basically they can do whatever they want and make you comply with any of their rules or take your guns away. Below is info from Nassau county.


    http://www.police.co.nassau.ny.us/pd...Page%20_2_.pdf

    Duties and responsibilities of a Pistol Licensee include, but are not limited to:
    1. A pistol licensee is authorized to possess only the firearm(s) listed on the license.
    2. A pistol licensee must be in possession of the pistol license at all times while
    carrying a firearm. The firearm carried must be registered on the pistol license.
    3. Your handgun should be secured at all times. There are many levels of security, ranging from a trigger lock to a safe. Access should be limited to the licensee only. If you maintain more than one residence, your handgun(s) must be secured at your Nassau County residence, unless you take your handgun(s) with you and
    you are legally able to possess them in your other residence.
    4. A pistol licensee must safeguard firearms at all times, and must keep firearms
    away from unauthorized persons, especially children. Firearms are to be stored in a locked receptacle, preferably a safe or metal box permanently attached to a structure. Access must be limited to the licensee and the person designated by the licensee on the application as the person responsible to safeguard the firearm.
    5. A pistol licensee shall not leave firearms in a motor vehicle, even temporarily, or any other place where an unauthorized person might have access to them.

  3. #18
    74
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    Scott- thanks, that is very informative.

    I think it's overly restrictive and leaves out the fact that someone "accessing" a locked vehicle that is not their own is committing criminal acts. It's not just being "unauthorized."

    What if you have a safe in your vehicle? Is that allowable under #4?

  4. #19
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by 74 View Post
    Scott- thanks, that is very informative.

    I think it's overly restrictive and leaves out the fact that someone "accessing" a locked vehicle that is not their own is committing criminal acts. It's not just being "unauthorized."

    What if you have a safe in your vehicle? Is that allowable under #4?
    It's interesting, a safe in the car might meet the requirements for item #4, yet still violate item #5.

    It sure would be simpler if there was just a simple law like, I don't know, "Carry what you want, where you want, any way you want, just don't use it illegally!"
    Hey, maybe I should run for president, that could be my platform!

  5. #20
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    No, they are pretty strict. They changed rules recently. I have a "target" permit where I can carry to and from the range. You used to be able to make stops, like coffee or gas. The licensing bureau changed their minds, updated the handbook, which you are responsible to know about, and banned any intermediary stops with the loaded gun. Leaving it in the car and having it stolen would probably result in a revocation of a license. I still haven't figured out how a police chief can make arbitrary changes without elected officials consent.

  6. #21
    VIP Member Array Eagleks's Avatar
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    I remember in the past reading a couple of state laws that do NOT allow leaving a "loaded" gun in an unattended vehicle.

    I cannot say who or where now, but I did think N.C. was one of them. '

    Many have changed so many laws since then, it may or may not still exist, because that's been a couple of years from when I read it.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

  7. #22
    VIP Member Array mlr1m's Avatar
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    These regulations remind me of what my State does when the voters force them to pass an issue they don't like. After passing it they instantly put so many regulations on it so as to make it nearly impossible to be used. That way they can say they gave us what we demanded. Knowing full well we cannot use it.

    Michael

  8. #23
    Ex Member Array walleye's Avatar
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    Quote Originally Posted by 74 View Post
    Scott- thanks, that is very informative.

    I think it's overly restrictive and leaves out the fact that someone "accessing" a locked vehicle that is not their own is committing criminal acts. It's not just being "unauthorized."

    What if you have a safe in your vehicle? Is that allowable under #4?
    Not that I am aware of. The problem isn't having a safe or not, the safe is in a car which is not very difficult to steal in most cases.

    Makes sense to me. I don't want to be robbed or shot by a stolen gun - same with family, friends, or anybody. Whether it makes sense to anyone or not, that's the way it is.

    You could be on the receiving end of civil suit as well. If by your negligent actions, a gun was available, taken, and harmed someone - the line of responsibility includes you.

  9. #24
    Ex Member Array walleye's Avatar
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    Quote Originally Posted by scott625 View Post
    In NY state there are the written laws by the legislature and then interpretations by licensing bureau. In Nassau County (Long Island) there is a handbook specific to the county license holders. New York state authorizes concealed carry; however, the courts have upheld the ability for licensing officers to place restrictions on the concealed carry. Additionally, a licensing officer has full discretion to revoke your permit and thereby making it illegal to even touch a firearm in NY state. Therefore, they can seize all your pistols. So basically they can do whatever they want and make you comply with any of their rules or take your guns away. Below is info from Nassau county.


    http://www.police.co.nassau.ny.us/pd...Page%20_2_.pdf

    Duties and responsibilities of a Pistol Licensee include, but are not limited to:
    1. A pistol licensee is authorized to possess only the firearm(s) listed on the license.
    2. A pistol licensee must be in possession of the pistol license at all times while
    carrying a firearm. The firearm carried must be registered on the pistol license.
    3. Your handgun should be secured at all times. There are many levels of security, ranging from a trigger lock to a safe. Access should be limited to the licensee only. If you maintain more than one residence, your handgun(s) must be secured at your Nassau County residence, unless you take your handgun(s) with you and
    you are legally able to possess them in your other residence.
    4. A pistol licensee must safeguard firearms at all times, and must keep firearms
    away from unauthorized persons, especially children. Firearms are to be stored in a locked receptacle, preferably a safe or metal box permanently attached to a structure. Access must be limited to the licensee and the person designated by the licensee on the application as the person responsible to safeguard the firearm.
    5. A pistol licensee shall not leave firearms in a motor vehicle, even temporarily, or any other place where an unauthorized person might have access to them.
    There are states that, no matter what, never revoke a gun permit? Great. And who else revokes any permit/license - gun, driver's, physician whatever - than the issuing agency?

    (You or your attorney can challenge it or any revocation - which has to be for cause).

  10. #25
    74
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    Quote Originally Posted by walleye View Post
    You could be on the receiving end of civil suit as well. If by your negligent actions, a gun was available, taken, and harmed someone - the line of responsibility includes you.
    This is almost exactly the same discussion I had before, that I mentioned above.

    I completely disagree. You are not responsible for the criminal actions of others, before or after the fact. There are breaks in the chain.

    There are a lot of guns stolen. How often do you hear of things coming back to the original owner, who is charged and held liable for the subsequent actions of the criminal?

  11. #26
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    Quote Originally Posted by miklcolt45 View Post
    Handgunlaw.us
    ^^this^^
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    (o)_)-o- (o)_)--o-)_)

  12. #27
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    Quote Originally Posted by walleye View Post
    :SNIP:You could be on the receiving end of civil suit as well. If by your negligent actions, a gun was available, taken, and harmed someone - the line of responsibility includes you.
    I wonder why we don't hear about people whose cars are stolen and used in crimes being sued? Are they not responsible to using this logic?

    Michael

  13. #28
    Ex Member Array walleye's Avatar
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    Quote Originally Posted by mlr1m View Post
    I wonder why we don't hear about people whose cars are stolen and used in crimes being sued? Are they not responsible to using this logic?

    Michael
    Quote Originally Posted by 74 View Post
    This is almost exactly the same discussion I had before, that I mentioned above.

    I completely disagree. You are not responsible for the criminal actions of others, before or after the fact. There are breaks in the chain.

    There are a lot of guns stolen. How often do you hear of things coming back to the original owner, who is charged and held liable for the subsequent actions of the criminal?
    Well, any opinions whatever they be are besides the point, those who hold them won't be the court, jury or anything else if such an eventuality occurs.

  14. #29
    74
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    Quote Originally Posted by walleye View Post
    Well, any opinions whatever they be are besides the point, those who hold them won't be the court, jury or anything else if such an eventuality occurs.
    Show us a case where liability has been assigned to an original owner of a stolen weapon. That won't be a general opinion, it will be a court decision.

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