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Thread: Is this legal? CCW question...

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  1. #1
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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.

  2. #2
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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.
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  3. #3
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    Here in Ohio, a loaded magazine in a vehicle or in the case constitutes loaded, regardless whether or not the magazine was in the firearm.

  4. #4
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    In MT, its legal. CCW is legal w/o a permit unless in a city limits. Within the city, CCW is defined as a "weapon being wholly or partially concealed by clothing or wearing apparel." There is case law here defining a woman's purse, backpack, briefcase, etc as luggage, not wearing apparel. So by MT's definition, carrying a loaded pistol in a bag of some sort w/o a permit is fine. One might get arrested for CCW w/o a permit for doing so, which would be a hassle, but the case, due to existing case law, would likely be dismissed.

    To echo what others have said, it all depends on the state. The answer you seek lies not in a forum made up of members from across the globe but in the laws that govern your state. You should be able to find your answer here: http://www.google.com/search?client=...UTF-8&oe=UTF-8 which was a google search for "ccw laws by state"

  5. #5
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    When asking questions like these it really helps if you fill in the LOCATION just under you're name in you're profile.

    If you wish to remain anonymous that's up to you but i highly doubt
    that anyone is going to track me down just knowing i live in Oregon
    (Last word was Portland and surrounding areas has 2.3 million people alone)

    Help us Help you.

  6. #6
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    As everyone else has said it will depend on location. As a Colorado LE I don't see how that would be a problem here.

    But more importantly, why the heck do you care? As a LE there's a lot of times when I really wish people would just mind their own business. What he does with his own property is his own business and none of yours. If you see your neighbor speeding do you call them in every time?
    Police work: If it were easy it would be called your mom.

  7. #7
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    If the gun is unloaded... This seems to be no different than if he were carrying the gun around in a gun case. It is essentially, a cased firearm more than concealed.

    I don't see him getting arrested for this, unless there's a quirk in the elements of the offense in the venue.
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  8. #8
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    Depends.

    In real life it depends on what the police contact was about and who the officer is.
    Thirty three years LEO and I've seen the same situation handled different was by different officers. Just depends.
    In Ohio, without a license it must be unloaded, in a location that requires one to exit the vehicle to access the gun, or in a rack made for the purpose of transport, or in a locked container, or with the action opened or weapon stripped or if the weapon is one that cannot easily be stripped, in plain sight.
    All of this list is subject to change depending in a bill before the statehouse waiting for a vote.
    It is suspected to be relaxed somewhat in the near future. None the less, unloaded that means the ammo in a location away from the weapon.

  9. #9
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    Quote Originally Posted by cj5_dude View Post
    But more importantly, why the heck do you care? As a LE there's a lot of times when I really wish people would just mind their own business. What he does with his own property is his own business and none of yours. If you see your neighbor speeding do you call them in every time?
    Just love it when people jump to conclusions. I don't care what he does with his weapon. I just wondered about the little safe as I've never seen one in a brief case before.
    If you're in range, so are they...

  10. #10
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    Quote Originally Posted by cj5_dude View Post
    But more importantly, why the heck do you care? As a LE there's a lot of times when I really wish people would just mind their own business. What he does with his own property is his own business and none of yours. If you see your neighbor speeding do you call them in every time?
    I couldn't agree with you more!

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