Legality of a truck rifle?

[itgoesboom]

The thread about truck rifles got me thinking about leaving my SKS or my 12ga in my truck, but i was wondering about the legality of having a rifle or shotgun in the cab of my truck. I have a concealed handgun license, but that ofcourse only covers my handgun.

Is it legal for me to keep a rifle/shotgun in my truck as well as ammo?

Also, what is the best way to store the longgun without attracting theives or undue attention from the L.E. officers?

Thanks for any help.

Oh, yeah, i am in Oregon.

I.G.B.

 

[Hkmp5sd]

You can check at Packing.org to find out if they are legal in your state.

In Florida, you can carry long guns in your vehicle with no restrictions and without a CCW. The "concealed" and "readily available" does not apply to them.

Waaaay back in another time, I used to carry a 9mm Uzi Carbine in a rack behind the seat. Since mr. Klinton made the value of my carbine go through the roof, I had to retire it to the safe.

 

[Jim K]

Let me see, if I tell you it is legal and you believe me, but the cops and a court say otherwise, and you end up in the slammer, are you going to be mad at me?

Check with your police, the state law (available at most libraries or on the web) or consult an attorney.

Jim

 

[Cosmoline]

And don't forget to check LOCAL laws as well. These can sneak up and bite you. Many cities have laws about what you can and can't carry in your car, and these may be more restrictive than the state laws.

 

[Kahr carrier]

I dont think I would leave the Rifle in the truck unattended .Im to afraid of THEFT.

 

[Tom B]

In Oregon check with O.F.F. (Oregon Firearms Federation) for info. You should already be a member (I am and I have never even been to Oregon)! Also check the state hunting regs...example in AL and GA laws allow loaded pistols in vehicles but not loaded long guns because of regs which say no loaded long guns within so many feet of highway right of way. In Al it use to be about a $60. fine.

 

[dodge]

You may also want to checkout your state's game laws. Here in Pa. you can't have any loaded firearm or a firearm with ammo in your vehicle if you're spotlighting deer even if you have a CCW. With a CCW I think that you still can't have a loaded longarm in your vehicle but not to sure about that. Usually if I carry a longarm in my vehicle the ammo is very handy to get to with the longarm behind the seat.

 

[DMK]

I know that in N.C., a long gun is not excepted from concealed weapons laws. A rifle behind the seat and easily accessable would be illegal. Locked in the trunk or openly visable "should" be OK technically. Of course, legal opinions vary depending on region unfortunately.

 

[itgoesboom]

Thanks for the help guys. I was thinking of having a rifle in a locked case behind my seat, and some 7.62 rounds in a small box behind my seat as well.

I will call the Oregon State Police, and see if they know.

I.G.B.

 

[El Tejon]

IGB, it depends on the goofy laws in every state. Speaking of goofy laws, there's Indiana=O.K. to carry rifles, shotguns, submachine guns, swords, et al in the car. However, no "Chinese throwing stars" (whatever those are) for you, mister!

 

[Kentucky Rifle]

As many times as I've had my radio stolen, I'm leery of leaving a rifle in my truck. Besides, I'm afraid the moisture might do bad things to the innards of the rifle. However, in Kentucky, it used to be somewhat of a status symbol to have a rifle rack in the back window of your truck.

KR

 

[GooseGestapo]

TomB,
Actually, your wrong about GA. You cannot discharge a firearm within 150' or across a public roadway. (Public roadway has a legal definition too, and exemptions for selfdefense, L.E. military, ect.) Nothing restricts carrying loaded long gun in vehicle except OCGA 27-3-1.1 which makes it illegal to transport a loaded weapon in a vehicle on a State Wildlife Management Area.

Previous poster was correct. Not only check your State Laws, but local ordinances too; Better safe than sorry, but in final analysis, better to be tried by 12 than carried by 6.

 

[Marcus]

Dodge,if you have a CCW in Pa. it`s legal to have a loaded longarm in your vehicle. Although I`d just as soon leave it unloaded with ammo in magazines or stripper clips handy. Marcus

 

[Tom B]

GooseGestapo

Actually there are restrictions on loaded long guns in vehicles in Georgia. I did some research after reading your post. The best I could come up with was a website that gives a summary of all states vehicle carry laws. It stated in Georgia you could carry a loaded long gun in a vehicle but "it must be open in plain sight". Even with a CCW. No "behind the seat or trunk carry". I didn't go thru all the hunting regs however. If you could point me to a specific law to the contrary I would appreciate it as I would like to carry a long gun but local LE in this area say no.

 

[dodge]

Marcus, Re-read my post that you should check the state's game laws as well due to the fact I know that you can't have any firearms/archery equipment in your car if you're spotlighting deer. If a game warden really wanted to bust you he could do it if you were turning around at night and happen to see some deer in the field in your headlights and stopped just long enough to look at them.

 

[Smoke]

Move to Texas. Carry long guns how you want; what you want.

With the exception of game laws of course.

 

[Omaha-BeenGlockin]

Currently in NE. in your vehicle.

1. Loaded handgun is OK---as long as its exposed.

2. Loaded rifle is OK---anything goes.

3. Loaded shotgun is a NO NO----due to game laws.

Go figure.

 

[GooseGestapo]

TomB;
You threw me a real curve ball on that one. What you've got is a synopsis of the law and not the real thing.
I had to pull my copy of the law out and research it.
This is the straight scoop......... I was right: the web site you looked at was excessively brief and didn't give you all the nuances.

If you want to look this up, it is OCGA 16-11-126:
(there are several websites with ga.state.gov that will have this)

126(c); states that it is illegal to carry a pistol, handgun or "CONCEALABLE FIREARM" EXCEPT, it dosen't apply to your home, motor vehicle, or place of business................

126(d); states that without a permit (CWP -OCGA 16-11-129) that the weapon must be exposed or encased, and unloaded: but goes on to exempt anyone holding a license under 16-11-129 which provides for LICENSE FOR carrying a PISTOL OR HANDGUN. With a permit such Handgun or Pistol may be stored or kept IN ANY LOCATION IN A MOTOR VEHICLE.

Because of the specific reference to handguns, pistols, (and CONCEALABLE FIREARMS(section (c))within this section, the STATE Attorney General has ruled that this section DOES NOT apply to rifles and shotguns as long as they meet the Federal definition for such. This law was originally enacted in the late '70's (but has been amended SOMEWHAT since). This was an issue with our agency (DNR) and resulted in the 27-1-31 statute being enacted as I previously mentioned. (My agency also has an administrative ORI [opinion, interpretation, and ruling] on this code section that states that a long-gun in a gun rack "unloaded" constitutes a properly stored firearm, not just in a case or compartment) .

I know this makes it clear as mud, but: The devil is in the details !!!!!!

You will not be "at issue" as long as there is no attempt to conceal the weapon for illiceit purposes. Lord only knows how many loaded long-guns I taken from under pick-up truck seats and behind seats in a 21 year career, but have "NEVER" charged anyone with a concealed weapon violation on a long gun. Now, for having it and shining or headlighting deer------- thats another story !!!!!!!!
However: Keep in mind that most of the Metro Area jurisdictions have much more restrictive local laws that go beyond the State Statutes and are there because of the Attorney Generals ruling [The latest opinion I'm aware of was by Atty. Gen. Tom Bowers, so that'll tell you how long ago it was]. You need to be aware of those local statutes too, as I previously stated.

Best advice: Lay it (long-gun)in the seat, uncased, and visible when loaded, when vehicle is occupied (This complies with both intent and "letter" of the law) and have a believable and articulable reason for such. That way it's accessible and legal if you need it !. Unload it, and put in case and "Hide it out of sight" when away from vehicle to deter theft, or better yet take it with you. Also, get a permit, as this exempts you from the background check every time you buy a gun from a FFL holder and lets L.E. know you're not a convicted felon or such other prohibited person. The intent of the law was to prohibit illecit "concealed" carry, not legitimate carry. I would also encourage you to talk with the District Attorney or assistant DA for your County/Circuit, and get his/her own opinion.

Am I "HEDGING" my answer, YOU BET !!

You wouldn't believe the phone calls I get in my office.
Just while I was writing this reply, I had a CONVICTED FELON call wanting to get back TWENTY SEVEN firearms that ATF took from him back in September with a search warrant on an investigation we (DNR) initiated on him after taking a 'stolen rifle' from him on an arrest for illegal night deer hunting, and poss. of firearm by convicted felon. He said he hadn't been arrested or charged yet by ATF !!! (Though he's out on bond pending trial for the State Felony charges we placed on him !!!!!!!)

 

[Hkmp5sd]

At least Florida is nice and clear on this subject....

(5) Possession in Private Conveyance. Not-withstanding 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.

 

[dude]

..........over here on this side of the Oregon Cascades the cops would be suprised if you did not have a rifle in your truck.

 

[Byron Quick]

Goosegestapo,

What local laws are more restrictive? The Georgia legislature passed a pre-emption statute outlawing such many years ago.

Where in east Georgia are you? Know Glenn Whitaker?

 

[lilbiggun]

I know this doesnt pertain to OR but up here, You can carry anything in your truck as long as its NOT in plain view. Dont ask me why but during my CCW class, a local cop told us not to have a weapon in sight and if they see one they will pull you over and tell you to hide it. To many guns being stolen that are in plain view. (yes, idiots do leave there guns laying out when they walk away from a vehicle). Our cops are supposed to treat the vehicle as a persons domicile as long as its not seen.

 

[makdaddy03]

goose and other GA residents. I live across the stateline in Alabama.I was told that all long guns have to be unloaded. And my pistol could be loaded and in plain view of the officer. On the dash board, in the seat, belt holster. But long guns are not to be loaded while in a vehicle. per se; Troup Co. Sheriff Dept.

 

[GooseGestapo]

ByronQuick and Makdaddy03

Byron, yes I knew Glenn, he retired 2yrs ago, just prior to my transfer/promotion.

Makdaddy; I used to work Troup Co., was assigned there for 17+yrs prior to my present position.
Being a Alabama native and working the "border", I was familiar with Alabama laws, but...... they are not uniformly enforced. Tell the Troup Co. deputy to ask the DA, Pete Skandalakis, what he thinks of the statute. I knew most all the Troup Co. deputies prior to transferring/promoting, and am a personal friend of the Sheriff Donny Turner, and his wife Pam.
I am now aware that a lesson plan taught at the academies are teaching this info, but I can assure you it is erroneous (nothing new there!!). Doubting my confidence, I contacted the assistant DA here, Brendy Rozier, and she too affirmed in her legal opinion (one responsible for prosecuting charges involving this statute) that the statute DID NOT apply to LONG GUNS. Knowing Pete Skandalakis for 10+ years and prosecuting many cases with him, I don't think he would touch a case of a "concealed weapon" involving a rifle or shotgun, unless...... it was of a folding compact nature- designed to be concealable and concealable on someones "person" and involved something else nefarious. I also know the State Court Judge, Jeanette Little would frown on such a case as well (Does Little's Gun Country sound familiar ?- yes I know Randy sold out two years ago)
As far as local jurisdictions with more stringent ordinances.....
Atlanta, Marietta, Smyrna (home of Glock USA), Peach Tree City, Fayetteville, Decatur, come to mind. (I personnally know individuals who work those jusisdictions and have heard them discuss them). Don't ask me exactly the provisions of each, I don't know !!!!! I work for a STATE agency and only enforce state and federal laws, not county or municiple ordinances.
The exclusion provision, prompted by Bob Barr was against additional restrictions on Carry Permit issuance. Each county/city can add additional restrictions and laws as long as they are considered both state and federally constitutional.
BTW, the web site for the statue is: http://www.legis.state.ga.us/legis/2003_04/gacode/16-11-126
"WAR EAGLE", AU ALUMNI '78

(edited to add: note under STATE LAW WATCH that legislation has been introduced to "clean up" the confusing verbage in this statute, to make it clear that this only applies to handgun. gg)

 

[GooseGestapo]

sorry, the server puts dot where /...code/ is thats supposed to be a 'g". I tried to edit it but couldn't.