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Thread: Is this legal? CCW question...

  1. #1
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    Is this legal? CCW question...

    A contractor from another state was in our office working on some servers. He had a brief case with him and when he opened it, I noticed that there was a small metal safe on the left side of the brief case. He saw me looking at it and told me his .45 was in the safe.
    I asked if he has a ccw permit and he replied no. I then asked is that legal and he replied that since the weapon is in a locked safe, it's perfectly legal to carry the brief case with the weapon in it.

    Does that sound right?
    If you're in range, so are they...

  2. #2
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    Have you researched your particular state's own laws pertaining to CCW?
    SSG Jimmy Ide- KIA 28 Aug 10, Hyderabad, AFG

    1SG Blue Rowe- KIA 26 May 09, Panjshir, AFG.

    RIP Brothers

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    Quote Originally Posted by JDW67 View Post
    A contractor from another state was in our office working on some servers. He had a brief case with him and when he opened it, I noticed that there was a small metal safe on the left side of the brief case. He saw me looking at it and told me his .45 was in the safe.
    I asked if he has a ccw permit and he replied no. I then asked is that legal and he replied that since the weapon is in a locked safe, it's perfectly legal to carry the brief case with the weapon in it.

    Does that sound right?
    The specifics of the law vary from state to state. Here in IL I believe as long as the gun is unloaded and fully enclosed in a case you are GTG unless you run into LE that doesn't know the law. Think of it this way: If you can't transport a cased unloaded gun how are you going to get to the range.

    If the gun was loaded that is probably going to depend on specific state law.

    ETA: I need to add that here in the people's republic of IL what the contractor did may be a felony because as an out-of-stater without a FOID card he has to fall into a limited number of exceptions in order to be in possession of a gun. I doubt most other states are so harsh.

    Bottom Line: No way to know unless you read a fully understand the laws of your state.
    Last edited by Makintrax73; 01-20-11 at 10:48.

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    Would not be here in Indiana but we have a very strict law regarding the transport of handguns. A resident must have a LTCH (license to carry a handgun) to take the gun from home to the range.

    As others have said, check your state's laws if you are concerned.

    Can a person get a CCW or equivalent easily in your state?

    Buckaroo
    "It is better to be a Warrior in a Garden than a Gardner in a War"
    Let's use the First Amendment to protect the Second so we can avoid using the Second to protect the First.

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    Laws vary from state to state...but whatever the specifics of the law happen to be, if the individual carrying that gun in his briefcase is doing so without a permit to carry a concealed weapon and he has an interaction with a police officer, odds are he'd at least get arrested for it.

    Maybe he would win in court based on a technical definition. Maybe. He's still going to take the ride, though. Trying to be clever is rarely a recipe for success when criminal charges are a possibility.

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    As others have said, it would depend on local/state laws.

    In my state, SC, it would not be legal, especially if he was on private property.

    There are previsions for carrying firearms with out a license, but only while hunting, fishing, or going to the range.

    TC

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    Quote Originally Posted by JDW67 View Post
    A contractor from another state was in our office working on some servers. He had a brief case with him and when he opened it, I noticed that there was a small metal safe on the left side of the brief case. He saw me looking at it and told me his .45 was in the safe.
    I asked if he has a ccw permit and he replied no. I then asked is that legal and he replied that since the weapon is in a locked safe, it's perfectly legal to carry the brief case with the weapon in it.

    Does that sound right?
    Depends on your state's laws, but in PA he would be subject to arrest.

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    in some states I believe a mag in the gun but an empty chamber isn't considered loaded. in others it might be legal to have a loaded mag stored with, but not in the gun.
    I don't collect guns, I accumulate them

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    Seems like the loaded part would conflict with the transport part- especially if he is not going to range. IF you are going to use a key to get to your gun, why not take the time to load a mag.

    Under what circumstances could a cop ask to see in a locked case? I assume curiosity would not be appropriate PC?

    I've asked the question about rifles/SBRs which are not allowed as CCW weapons in CO. Carrying them in a bag unloaded seems to be a no-no because the transportation authority implies you are going directly somewhere specific to use it. That was the non-lawyer consensus.
    The Second Amendment ACKNOWLEDGES our right to own and bear arms that are in common use that can be used for lawful purposes. The arms can be restricted ONLY if subject to historical analogue from the founding era or is dangerous (unsafe) AND unusual.

    It's that simple.

  10. #10
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    Chances are very good he would be arrested in many locales and it would be up to the DA to charge him (if applicable). Like others have stated- he might beat the rap, he won't beat the ride.
    SSG Jimmy Ide- KIA 28 Aug 10, Hyderabad, AFG

    1SG Blue Rowe- KIA 26 May 09, Panjshir, AFG.

    RIP Brothers

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