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Is it legal to have gun in trunk and drive around?

Discussion in 'Legal' started by ns66, Mar 4, 2012.

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  1. ns66

    ns66 Member

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    Is it legal to have gun (can be locked, handgun or ar-15) in trunk and drive around in friendly states or national parks? just want to have some peace of mind while traveling
     
  2. TurtlePhish

    TurtlePhish Member

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    It depends on the state. Some states, yes. Others, no.

    Edit: Actually, if it's in the trunk, it should be legal everywhere. Of course, that depends on what kind of gun it is and whether or not you're in an "assault weapons ban" state. An AR-15 with "assault features" is a felony for mere possession in AWB states.
     
  3. ThorinNNY

    ThorinNNY Member

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    In New York State, it is legal to drive around with an UNLOADED rifle or shotgun in your trunk. Ooops, forgot to say, better check regs re Parks. Other states may have different restrictions.
     
    Last edited: Mar 4, 2012
  4. hermannr

    hermannr Member

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    A lot depends on the state you are in, and if you are just traveling from place to place within your state of residence, or if you are on a trip with a destination. If you are on a trip, federal transportation law prevails. It also depends on if the weapon in the trunk is loaded or not.

    Here in WA, a long gun can not be legally in a vehicle if it is loaded, under any circumstances. That is F&W rules, not gun law,

    However, there are times when you can have a loaded pistol on your person, concealed or not, in your vehicle, with or without a CPL, for self defense. (RCW 9.41.060)

    You need to know the law of the state you are talking about...every state law is different.
     
  5. ns66

    ns66 Member

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    the guns unloaded, with loaded mags, in the trunk, no CCL, is this legal?
     
  6. TurtlePhish

    TurtlePhish Member

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    Depends on state laws. Most likely yes, but make sure.
     
  7. NavyLCDR

    NavyLCDR member

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    Depends on state law!

    In Ohio not legal.
     
  8. ns66

    ns66 Member

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    for this which section should i look for in state law?
     
  9. NavyLCDR

    NavyLCDR member

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    First, if you tell us what state you are talking about, we could point you to the specific statute or tell you that we couldn't find it.

    Second, try here:
    www.handgunlaw.us

    Click on your state on the map and you will get a nice summary of your state laws.
     
  10. Librarian

    Librarian Member

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    What state?

    I believe all the states have their state codes online in some way, but what a particular state may use to describe that behavior can be variable.

    In California, the term is 'transport', and there are no regulations at all about transporting long guns in a vehicle, (other than 'unloaded') and just one additional requirement for a handgun (completely enclosing locked case). There are some destination restrictions ....

    What you are unlikely to find is a statement equivalent to 'you may do X'; criminal codes are predominantly 'Do Not Do'.
     
  11. Ford Prefect

    Ford Prefect Member

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    :barf:If you won't tell us the state...


    Generally, no. It's not legal. Unless you're in Texas whee it seems to be encouraged

    Most states and federal permit "transporting", from one legal location to another. Unloaded locked in the trunk from home to the range, hunt, gun store, etc. Just driving around with it in the trunk is NOT covered by "transport" laws, state or federal. It's not "transporting".

    Some states do allow this, some even allow it loaded, or in Texas in plain view in the rear window aimed at the drivers head is a common sight!
     
  12. jimmyraythomason

    jimmyraythomason Member

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    Long guns are legal(loaded or not) in a vehicle cabin or trunk in my state(Alabama) no permit required. Exceptions are in WMAs or the like or if "spot lighting" deer/rabbit at night. Handguns require a CCW permit (for now) loaded or not, in the cabin or trunk or on your person.
     
  13. RevolvingGarbage

    RevolvingGarbage Member

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    In FL we can keep long guns anywhere in a vehicle, loaded or unloaded as we please.
     
  14. ns66

    ns66 Member

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    i am in NC, but i want to travel to other states with national parks like utah, arizona etc, that's why this is not really specific to a state
     
  15. Tomcat47

    Tomcat47 Member

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    Every time I see these questions or have ask them in the past regarding the subject at hand.....

    It Boils My Cabbage! :fire:

    I just wish there was 1 law for all 50 states or at least the contiguous 48!

    Then it would in my opinion, be uniform and easier to enforce, as well to comply with.

    keep wishing I suppose....... :scrutiny:

    This is very informative for the reason you posted: http://www.gunlaws.com/links/

    Anymore there is as much homework to be done on gun laws as there is in preparing for a vacation or hunting expedition.....
     
    Last edited: Mar 4, 2012
  16. ns66

    ns66 Member

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    +1000
     
  17. Girodin

    Girodin Member

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    Personally, I'm pretty big on states rights and federalism. The gun laws where I live are MUCH MUCH MUCH better than any federal standard that would exist. I don't want my rights being abridged by some stupid federal standard made to appease people living in an area that is vastly different from where I live. Yes there would be some efficiency to having one nation wide set of laws, however, it would not even approach being worth the trade offs.

    In fact, if it were for the SCOTUS selling out with the infamous "switch in time" reinterpreting the commerce clause to mean something it never was intended to, and never had before, we would still be operating in a world where the feds wouldn't be regulating guns, or anything else, with respect to this type of thing anyways.
     
  18. btg3

    btg3 Member

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  19. NavyLCDR

    NavyLCDR member

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    Then you will have to find out what the state laws for the state you are visiting at that moment. I am very much against a national law regarding carrying a firearm (except for an optional method of carry like FOPA offers) because it is guaranteed to be more restrictive than most states' laws currently are (just like FOPA is already more restrictive than most states' laws).
     
  20. Top_Gunn

    Top_Gunn Member

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    According to the Gun Free School Zones Act, it's a federal crime to have a gun with you unless it's unloaded and in a locked "container or firearms rack" when you are within 1000 feet of a school. It's not possible to drive many places without passing some sort of school (day care center, church, private school, public school, ....)

    There's an exception if you have a permit to possess the gun and the state does a background check before giving you the permit. but as no state I know of issues permits to possess long guns, that's not important except for pistols.
     
  21. Art Eatman

    Art Eatman Administrator Staff Member

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    The OP can start a new thread after reviewing the sources posted above, if there are more questions.
     
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