Car carry

Car carry

This is a discussion on Car carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I had lunch with a friend from Colorado. He said that he could car carry through states because it was legal for him to carry ...

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Thread: Car carry

  1. #1
    Senior Member Array Jackle1886's Avatar
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    Car carry

    I had lunch with a friend from Colorado. He said that he could car carry through states because it was legal for him to carry in his house and his vehicle was considered an extension of his own space. Something to that affect...anyone else heard anything about this? I thought it pertained to the state your in and their laws.
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    Member Array Chris Dawg's Avatar
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    I think you are right, the laws in CO don't hold up in any other state. Not to pick in CO it is just that state laws are that.

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    VIP Member Array Ridgeline's Avatar
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    When you carry in another state you play by the rules of that state. Not the state in which your license was issued in.
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    Senior Member Array luvmyglock's Avatar
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    You have no reasonable expectation of privacy in your vehicle, and you do in your house. Unfortunately, case law has made this distinction difficult to understand. When it comes to castle doctrine, your car IS an extention of your house in many states, and you have the right to defend it as such. When it comes to concealing a weapon, however, the laws are significantly different. To carry a weapon loaded and unlocked in your car, you must have a concealed pistol permit for the state in which you are driving, or alternately a state which honors your permit. This is because when in your car, you are concealing a weapon, and the state has statutes against that. Some states have "peaceable journey" clauses that allow you to carry a gun in your vehicle as long as you are just driving through the state, and can prove it. To answer your basic question, when it comes to concealing a firearm, your vehicle is NOT considered an extension of your home. All laws apply, as you ARE operating that vehicle on PUBLIC property!
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    Senior Member Array PapaScout's Avatar
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    Quote Originally Posted by Jackle1886 View Post
    I had lunch with a friend from Colorado. He said that he could car carry through states because it was legal for him to carry in his house and his vehicle was considered an extension of his own space. Something to that affect...anyone else heard anything about this? I thought it pertained to the state your in and their laws.
    Lousiana has this law if I remember correctly. Perfectly ok to carry a loaded handgun in your car without a permit ie. extension of your home - as long as you live in Lousiana and are driving in Lousiana.

    Other states, as already pointed out, have their own thoughts about it.
    "If you so much as bunny hop I'll cut your heart out!" Billy Bob Thornton in The Last Real Cowboys

    "I carry a gun for the same reason that I carry health insurance and a cell phone - be prepared."

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    Senior Member Array Jackle1886's Avatar
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    Ok so does anyone know more about the "peaceable journey?" As this is probably what was happening.
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    Don't know about Colorado, but Ky is fine with no permit for open carry, in your car in the open or in the glovebox.

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    Member Array Banzai Jimmy's Avatar
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    Yes, in CO you can carry a loaded handgun within the vehicle without a CWP.

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    VIP Member Array dukalmighty's Avatar
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    In Texas you can carry a loaded gun in the car without a permit but if you drive into new mexico and they don't have the same law you can be arrested for posession of a concealed weapon.If you have a concealed handgun license you can carry in reciprocating states but have to abide by state laws while carrying there,as far as transporting across state lines with no license then weapon must be unloaded in a locked case out of reach of passenger compartment with ammo seperate

    IF YOUR FRIEND DROVE THROUGH IOWA AND ILLINOIS WITH A LOADED GUN IN REACH HE COULD OF BEEN ARRESTED.THE TRAVEL LAWS IN YOUR STATE DO NOT EXTEND BEYOND THE BORDERS AND EVERY STATE IS DIFFERENT
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    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by dukalmighty View Post
    if you drive into new mexico and they don't have the same law you can be arrested for posession of a concealed weapon.
    Luckily, both New Mexico and Colorado law allow a loaded pistol in the car for self-defense, no permit necessary.

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    VIP Member Array dukalmighty's Avatar
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    Quote Originally Posted by Anubis View Post
    Luckily, both New Mexico and Colorado law allow a loaded pistol in the car for self-defense, no permit necessary.
    I was using that as an example,I know for a fact Illinois doesn't and he probably passed thru that state
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    Your friend would be definitely SOL driving through Illinois! They would hammer him hard, no doubt.

    Missouri is very easy regarding car carry throughout the state and has "peaceable journey" laws for out of stater's.
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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    Senior Member Array Paladin132's Avatar
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    I am not sure through Colorado, but in most cases the Model Penal Code (MPC) does not recognize a vehicle as being an extention of a person or their castle. This is reflected in the search and siezure of items from a car and such. As always, I'd avise good review of the laws of anyplace you are going to go thorugh.

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    Tell him not to travel here with that in mind, open carry only in a vehicle without proper permit. Oh yeah, Wis or Ill either.

  15. #15
    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by Paladin132 View Post
    I am not sure through Colorado, but in most cases the Model Penal Code (MPC) does not recognize a vehicle as being an extention of a person or their castle.
    No recognition in CO that a vehicle is like a castle, but Colorado Revised Statutes contains 2 specific references to the legality of vehicle carry:

    18-12-204 Permit contents - validity - carrying requirements.
    (1)...
    (2)...
    (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; or
    (II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

    and

    18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
    (1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
    (a) Carries a knife concealed... [knife is defined as having a blade > 3.5 inches]; or
    (b) Carries a firearm concealed...; or
    (c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly...
    (d) (Deleted by amendment...)
    (2) It shall not be an offense if the defendant was:
    (a) A person in his or her own dwelling or place of business...
    (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...

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