Carrying from apartment to car in MS

This is a discussion on Carrying from apartment to car in MS within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; In MS, the law reads in part: "It shall not be a violation ... to carry a firearm ... concealed in whole or in part ...

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Thread: Carrying from apartment to car in MS

  1. #1
    Member Array dang.45's Avatar
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    Carrying from apartment to car in MS

    In MS, the law reads in part:

    "It shall not be a violation ... to carry a firearm ... concealed in whole or in part within the confines of his own home ... or within any motor vehicle." (I skipped the parts not relevant to my question.)

    My question is, how do I legally get my gun from my home to my car, without having a concealed carry permit? Since I live in an apartment complex, I have to be between my home & my vehicle for about 100-200 feet, depending on how close I can park my car. This will only be an issue for a little while longer as I'll be getting my permit soon, but I'd still like to know for now.

    I have an OWB paddle holster that I use to carry at home. It would be nice if I could just throw on some cover garment and walk to my car, but is that technically legal? I sincerely doubt it would ever be an issue, but I'd like to know what is proper & legal if at all possible. I can't find any legal reference anywhere online that is this specific. If someone knows the answer, or if they can point me in the right direction for how best to find the answer myself, I'd appreciate it very much!

    Thanks
    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

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  3. #2
    Member Array spydad's Avatar
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    I think your answer can be covered by the next section in the MS code until you get your permit...
    (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.

    If you were ever stopped between your apartment or car, just advise the LEO that you were headed to the range.

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    Distinguished Member Array BIG E's Avatar
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    Boy Spydad, that souds like a huge hole hunh?
    Don't hit at all if it is honorably possible to avoid hitting; but never hit soft!

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    Member Array MountainPacker's Avatar
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    Quote Originally Posted by spydad View Post
    I think your answer can be covered by the next section in the MS code until you get your permit...
    (3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.

    If you were ever stopped between your apartment or car, just advise the LEO that you were headed to the range.
    You might want to keep some targets, range ammo, etc. in the car.

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    Member Array spydad's Avatar
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    I don't know what part of the state you live in Dang.45, but most LEO's around metro Jackson (except JDP) would never hassle you about carrying between the two locations that you can legally carry-(home and your car).

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    Member Array dang.45's Avatar
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    Quote Originally Posted by spydad View Post
    I don't know what part of the state you live in Dang.45, but most LEO's around metro Jackson (except JDP) would never hassle you about carrying between the two locations that you can legally carry-(home and your car).
    I'm just south of Memphis. I don't think it would be a problem here to just leave it in my holster to transport it from "home" / apartment to car, but I was just looking for some specific reference or case law that would tell me for sure. I'm sure that I'd be fine if I lived in a house, since it would be my own property (whether I owned or rented), but there seems to be a bit of a "gray" area for those of us in apartments.

    In fact, I think I'm going to start doing just that - leave it in the holster & put some good cover over it so as not to alarm any neighbors. I wouldn't be surprised to find that this is technically breaking the law, but if it is legal for me to carry at home & in the car, then it has to be legal within the spirit of the law, doesn't it? How else could I get from one place to the other?

    Again, I'd love to know if anyone has anything more definitive than "keeping with the spirit of the law", but I think I'll be OK for now. I hope to have my permit before the weather gets warm enough again for me to be uncomfortable with some kind of cover on, so as I said, this is only a temporary issue.

    Thanks again in advance for any advice &/or info, and to you, spydad.

    NOTE: I know that I can't carry in my car w/out a permit in TN, so nobody needs to chime in just for that...
    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

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    You could just use a zippered handgun case and not worry about it.

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    Member Array Biloxi Bersa's Avatar
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    Quote Originally Posted by nn View Post
    You could just use a zippered handgun case and not worry about it.
    That's the logical choice. Wearing a holster to the car and then having the holster on, even if the gun is in the console, etc. may lead to a whole lotta questions and hassles if you have to deal with LE on the road.

    Before my permit arrived, I used the zippered tote, albeit the walk was only 10 feet from front door to car.

    By the way, have you actually made application for the permit? It's a 120 day wait.

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    Member Array dang.45's Avatar
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    I haven't yet applied for my permit - short-term money issues - but I won't be getting a MS permit anyway. My wife's job will almost assuredly be taking us out of MS in the next couple of years, so I figured I'd get a FL permit instead. Unless you know of some reason why a MS permit is superior...

    And, due to the same short-term money issues, I won't be getting a zippered case any time soon either. But I suppose I could just throw it in a backpack.

    Thanks for the idea!
    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

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    Member Array roadsiderob's Avatar
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    Here in NM a person can legally carry concealed without a permit in their car as well as home and business property, both owned & leased. Since part of my leased business property includes a parking lot, I always felt comfortable carrying in the shop and parking lot, right up to the property line. Since your apartment lease covers the use of the parking lot, technically, you are on property that you have leased.. Perhaps a similar set of rules applies in your state.

  12. #11
    Member Array dang.45's Avatar
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    Quote Originally Posted by roadsiderob View Post
    Here in NM a person can legally carry concealed without a permit in their car as well as home and business property, both owned & leased. Since part of my leased business property includes a parking lot, I always felt comfortable carrying in the shop and parking lot, right up to the property line. Since your apartment lease covers the use of the parking lot, technically, you are on property that you have leased.. Perhaps a similar set of rules applies in your state.
    I hadn't thought about it like that - its certainly logical. I like it!

    Thanks
    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

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    Member Array ralphb72's Avatar
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    Well, I would double check that with the laws in your area, According the the lawer that wrote the Indiana Handgun Law book I just read, in Indiana the Appartment is the ONLY area considered your "home"; the common areas are not included, if you step outside your door with a handgun you best have a permit.

    You wouldn't have to spend alot to have a hangun case. I have a plastic lockable case with foam in it that I saved from the dumpster at work, the price was right, just add lock. I got two, one for the pistol, one for the ammo.

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