Questions: Firearm in vehicle...?

This is a discussion on Questions: Firearm in vehicle...? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Every State has some place that one cannot carry even with a CHP, CWP, CCL, or what ever is called in that State -- think ...

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Thread: Questions: Firearm in vehicle...?

  1. #1
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    Question Questions: Firearm in vehicle...?

    Every State has some place that one cannot carry even with a CHP, CWP, CCL, or what ever is called in that State -- think a courthouse, the "manned structures" in a National Park, etc.

    So, you must disarm to enter.

    So what does that mean as to the "status" of your defensive sidearm, if left in your vehicle (assuming, arguendo, that your vehicle is legally parked, unattended, in a place that is not posted)?

    Must the firearm be unloaded?

    Must it be "secured"? If so, how?

    Please stick to the law in your State, not your personal practice, advice, etc.
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    In Michigan the "gun-free zones" do not extend to include the parking lots unless specifically stated.

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    I was going to say the same thing. GFZs include most workplaces and furthermore the parking lot if your state leaves the discretion up to your employer. If that is the case it must be unloaded and maybe you can't leave it your car unloaded or not. Here in Wisconsin, the CCW law keeps your employer from using as a condition of employment a prohibition on having a loaded gun in your locked vehicle in the company parking lot. Your car is seen as an extension of your house and anything in it is no business of your employer. This also applies to any state or county buildings. School parking lots and federal building lots you cannot leave a firearm secured in your vehicle period.

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    Inside a locked vehicle is legally secured as any attempt to get it would be "forced" entry. As long as it's concealed and not on the person, it's legal for anyone in Fl who can legally possess a firearm to have one in a private "conveyence," loaded or not.
    Last edited by OldVet; March 6th, 2013 at 06:45 PM.
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    In Virginia your gun can be left in your vehicle provided it is properly secured. There can be criminal and civil issues if it is not stored properly and is stolen from your vehicle.
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    Quote Originally Posted by Exacto View Post
    In Virginia your gun can be left in your vehicle provided it is properly secured. There can be criminal and civil issues if it is not stored properly and is stolen from your vehicle.
    Does VA specify what constitutes "properly secured"? Obviously leaving it lying on the seat or floorboard isn't.
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    Quote Originally Posted by OldVet View Post
    Does VA specify what constitutes "properly secured"? Obviously leaving it lying on the seat or floorboard isn't.
    In VA, properly secured is in the glove box or center console, as well as trunk, etc.. They do not have to be locked and the gun may be loaded.
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    Quote Originally Posted by DaveH View Post
    Every State has some place that one cannot carry even with a CHP, CWP, CCL, or what ever is called in that State -- think a courthouse, the "manned structures" in a National Park, etc.

    So, you must disarm to enter.

    So what does that mean as to the "status" of your defensive sidearm, if left in your vehicle (assuming, arguendo, that your vehicle is legally parked, unattended, in a place that is not posted)?

    Must the firearm be unloaded?

    Must it be "secured"? If so, how?

    Please stick to the law in your State, not your personal practice, advice, etc.
    This is a really good question! Something we don't think about. So, I checked www.Handgunlaw.us first... Not much there... but gave me a trail to follow to Iowa Code, which I searched under weapons in the criminal code.

    There seems to be no restriction for in the vehicle security for a permit holder. For a non permit holder, of course, the usual rules apply (unloaded, broken down, etc., as applicable).

    So, the law seems to be non-specific for permit holders. I could throw it on the seat... perhaps even in an unlocked vehicle. I wouldn't, but looking for law, I can't see why I couldn't.

    Here's where it gets "dicey:"

    Let's say you have to go to the courthouse, while you're in the county seat, to get your Driver's license renewed. Your wife is going to shop at the downtown stores while you do this, and you plan to meet at a local restaurant for lunch.

    In Iowa, your county has posted the courthouse as a GFZ (the AG has said they could, even though the law says different through preemption). Not wanting to be the test case, you disarm, putting your firearm in the Secure - It® Handgun Storage Safe (Same MFG as COM safe for less).

    Your wife (who does not have a carry permit) must be out of the vehicle, and stay out of the vehicle until you return. Unless you also unload the firearm, and put in in an area of the vehicle which she would not be able to reach from the passenger seat.

    That's the extent of what I could ascertain under Iowa LAW, translated to real world activities/possibilities, and that's what the OP asked for.
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    If she doesn't have access to the safe (no key or combo) what difference does it make?
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    In Massachusetts, before entering a "no gun" zone, you must unload the firearm and store the firearm and the ammo/mag in a locked container (such as the trunk of your car). I have a center console in my truck that locks, but not sure if that meets the standard. Mass. laws are very vague.
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    Re: Questions: Firearm in vehicle...?

    Quote Originally Posted by OldVet View Post
    If she doesn't have access to the safe (no key or combo) what difference does it make?
    Because it's the law...
    Rats!
    It could be worse!
    I suppose

  13. #12
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    OldVet;, oakchas, Exacto, SigPapa226, & KoriBustard,

    Thanks for addressing the actual question, which I had.

    Maybe I was not clear enough on my question. The question was about the ""status" of the firearm when left in a legally parked, unattended vehicle.

    Must the firearm be unloaded?

    Must it be "secured"? If so, how? [More specifically, "If secured, how – in secure container a la unlocked glove box, in a locked container, separate from ammunition, etc?"

    -----

    BTW, Exacto &SigPapa226 are correct about Virginia given I said "assuming, arguendo, that your vehicle is legally parked, unattended, in a place that is not posted." However, therein is a trap one need to be aware of, in Virginia. By State law, School property is posted. Hence, we cannot leave a loaded firearm in a vehicle on school property.

    § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited exempts "...(vi) a person who possesses an unloaded firearm that is in a closed container ... in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school."

    So, we can carry concealed "in the vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school" with a CHP -- but we cannot leave a loaded firearm in the vehicle. That get tricky -- as the "possesses a concealed handgun [emphasis added]" means we cannot unload and move it to the "closed container", unless you can unload it and move it to the container while keeping it concealed from view. Doable, but tricky.

    BTW, this is not an academic question, as I am in the early stages of planning a multi-State sightseeing trip out west -- including a number of visits to National Parks. As nearly all "manned structures" in a National Park are posted, I'll be disarming & rearming any number of times. No way that I want to get crosswise of the feds for a minor detail of the applicable State Law.
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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