Transporting a gun in a car

Crackshot45

How does one transport a gun legally when the law says it must be disassembled, unloaded with ammunition stored separately and both gun and ammo out of reach of driver or passengers ? In other words it has to be unuseable. Why bring it in the first place ? I wonder if this law is constitionally enforceable, since it denies a person's right to self-defense.

Crackshot45

I don't doubt the states' intention. That's why I said constitutionally enforceable. I also wouldn't be able to spring for the lawyers to contest it, but maybe someone ( NRA) would ? 

bullsi1911

a case like that would not buy Wayne or his wife any new outfits, so I doubt they would take it.

Crackshot45

I frankly haven't heard or looked for any of the accusations about Wayne. I have found, after a long history with the NRA, he usually comes out clean after the liberal smoke clears. 

Jayhawker

I can tell you this.....In Michigan, you are not allowed to carry a handgun in the passenger compartment of your car unless you have a Concealed Pistol Permit...in spite of the fact that we have legal open carry in the state. A young man I know who had just applied for his CPL was open carrying and was sitting in his car (not moving) unloading his pistol so he could put it in  the trunk...complying with the law that gun and ammo must be separated. A police officer saw him get out of the car with his handgun...to make a long story short...He got popped for carrying a weapon illegally and thanks to an overzealous, anti-gun prosecutor he was denied his CPL...it took years and thousands of dollars to get it sorted out....
My advise is to comply with the laws in your state or move to a state with laws more in line with your needs...
Your ill-conceived test case could well end up with you being bankrupt, a felon and not able to own firearms at all...The NRA will not be springing to your defense and as a Constitutional case, your argument doesn't hold water very well....

JerryBobCo

What state requires a gun be disassembled to be transported?  That's a new one to me.

Crackshot45

Tennessee, if I remember correctly. 

Crackshot45

 Please refer back to my original post. I wasn't suggesting this as a good idea ( or a practical one ). I was just wondering if you guys thought it ( the law) was in keeping with the constitution.

tennmike

Crackshot45 said:

Tennessee, if I remember correctly. 

Not hardly!

https://lawcenter.giffords.org/guns-in-vehicles-in-tennessee/

https://www.timesfreepress.com/news/local/story/2014/jul/09/new-gun-rights-law-takes-effect/251789/

https://statelaws.findlaw.com/tennessee-law/tennessee-gun-control-laws.html

https://en.wikipedia.org/wiki/Gun_laws_in_Tennessee

Tennessee is one of the gun friendly states.

breamfisher

Crackshot45 said:

Tennessee, if I remember correctly. 

Negative on disassembly to transport in Tennessee:
https://www.gunstocarry.com/gun-laws-state/tennessee-gun-laws/#tn-laws2

Mass. doesn't have the disassembly requirement:
https://www.mass.gov/info-details/gun-ownership-in-massachusetts#transporting-firearms-in-motor-vehicles-

New Jersey just requires a locked case:
https://www.njsp.org/firearms/transport-firearm.shtml

New York doesn't allow you to transport a handgun unless you have a permit OR you are just passing through.  And no mags over 10 rds.:
https://www.hudsonvalleycriminallaw.com/guns-found-in-your-car-know-the-applicable-new-york-law/
However if you stay the night you can be charged (scroll down to "Transporting Firearms Through New York):
http://www.handgunlaw.us/states/newyork.pdf

Washington DC is basically just New York rules:
https://mpdc.dc.gov/page/transporting-firearm-district-columbia
https://washingtondccriminallawyer.net/dc-gun-lawyer/transporting-firearms/

And just for good measure, I didn't find anything in Connecticut, either.
https://www.cga.ct.gov/2013/rpt/2013-R-0001.htm

Or California:
https://oag.ca.gov/firearms/travel

If such a law exists (and searching the NRA's site I found no mention of it) it would probably be unconstitutional.  But they don't seem to exist.

JerryBobCo

Since you're new, I'll cut you some slack.  But, if you're going  to post something such as "disassembly required", you need to make sure of your facts.  Otherwise, folks in this forum will call you out on it.

As for the constitutionally of some of the state laws for transporting firearms, my guess is that it's within the limits of the constitution.  I'm not a constitutional scholar, but I don't think the right to self defense using a firearm while traveling is recognized in the constitution.  If I'm wrong, rest assured I will be corrected by more informed members.

GunNut

Assuming handguns there are three legal ways you can have them in the vehicle with you.  

1- Either you have a carry permit for the state you are in (or your carry permit is from another state that has a reciprocity agreement with the state you are in).   ALL local laws apply including mag capacity limits etc.
2-The state that you are in allows you to do so without a permit (Vermont is a good example).   Again all local laws apply.
3-Or you are transporting interstate in which case Federal regulation applies and it must be UNLOADED in your trunk or the farthest place from you in the vehicle, and in some sort of a case. You also need to be able to prove that you are legally able to posses the handgun where you started AND where you are going or all bets are off, no federal protection for you.  You are though allowed to carry on your person if #1 applies and then put it away if you go into a state (along your way) that does not allow you to carry.

BUT, seeking legal advice on the internet is a BAD idea.  No lawyers here that I'm aware of and none of our information will save you or stand in court if you get in trouble.  There are plenty of websites with official information you can search and quote.

Crackshot45

My apology to all. My mistake. I am 73 now, and I am learning to deal with occasional memory lapses . I was so sure I was right that I didn't bother to recheck my facts. Lesson learned.  Thanks for keeping me straight.

Crackshot45

How do I log out ?

Accipiter

Click on the gear icon next to your avatar, and sign out is the last option in the pop up menu.

Crackshot45

Thanks

Gary Slider

www.handgunlaw.us is a  good place to look for info on each state and carrying a firearm. for carry in  a vehicle without a permit to carry can be seen at http://www.handgunlaw.us/documents/USRVCarCarry-1.pdf

The nice thing about this document is it has the law that covers this and even links to the state statute to rad the law for yourself. 

coolgunguy

No real need to apologize, I doubt anybody is upset.  When someone is misinformed, proper info will be offered.  

It's the willfully ignorant who upset us. 😉