Carrying in a car

Reddog

New member
I'm planning a trip through La., Ms., Al., No. & So. Carolina, Tn., Va., Ky., In., Il. and Mo.. What sould I look out for when carrying in my car? Reddog
 
Make sure that the needle on your speedometer dosen't exceed the limit by much.

Here in SC you can carry in your glove box. Just don't drive faster than 10 mph over the limit.

Several of the other states (IIRC, GA + NC) have no such provision and you will be subject to arrest if you found with a short gun in the passenger compartment.

Giz
 
Reddog,
When in Illinois, unload your weapon, place it in a case and put it in the trunk. We have no provision for carrying in the passenger compartment. If you are in a pickup truck, place the case behind the seat or in a locked glovebox.

Many officers here in Southern Illinois would tell you about the Illinois requirements and make certain you were in compliance before they sent you on your way. But this isn't something to count on.

HTH
Jeff
 
Jeff, not quite. Bet you got that idea either from an IL State Police memo or a dealer who recieved one, but the law says NOTHING about where in the car the gun has to be located, nor does it mention ammo in any way. If you go to http://www.gunssavelife.com you'll find the website of the Champaign County Rifle Association. They have printable versions of both the statute and the court decision used as precedent, a case called McDade vs. Illinois from 1997. Basically, the guy was caught with a Lorcin .380 cased and unloaded in his glove box, with the loaded magazine in a jacket pocket on the back seat. In throwing out the case, the appeals judge noted another case, Illinois vs. Bruner, where a woman was found not in violation of the statute in 1996. She was actually carrying her cased, unloaded gun IN HER PURSE, but the exemption in the statute is for a cased, unloaded gun and the possession of the FOID card. It says absolutely nothing about those other points.

(If you're interested, that site also has several very deceptive memos sent to gun dealers by the Illinois State Police, plus the CCRA's response putting Terry Gainer in his place.)

Personally, I now carry my Ruger .22 (I'll replace it with the Glock when the damn thing gets here) unloaded with the slide locked open in a hard case, and two loaded magazines in the glove compartment. I also carry a printout of the McDade decision (it handily includes the Bruner citation in the judge's opinion) and of the statute itself on the off chance that a cop who doesn't know the law will let me talk sense.

For the original question, don't speed on I-55, it's a drug corridor. Also, I'm not advising you to carry the way I do, just saying the courts have said it's legal. That does NOT guarantee that the cops will know that, and in fact most State cops in the Springfield area believe the gun and ammunition have to be in separate areas (i.e trunk and backseat) with neither accessible to the driver. I have no idea how they deal with trucks and SUVs.s

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Don

"Its not criminals that go into schools and shoot children"
--Ann Pearston, British Gun Control apologist and moron

[This message has been edited by Gwinnydapooh (edited January 17, 2000).]
 
Thanks, all you guys! I intend to be very careful, anyway, but will watch it extra close in the states you mention. Reddog
 
rreddog,
Since tn has passed that ccw they are coming down on people carrying illegally.....so if I was you id contact the State police for each state your going through and get a response in writing from them on their stationary ...include phone numbers........they can always fax you a copy and mail the hard copy...fubsy.
 
Gwinny,
I am aware of the decision you cite. I'm a part time LEO here in Southern Illinois with 15 years experience. The advice I gave is based on not getting yourself into a position where you'll have to argue this in court.

You may win your argument in court, but you won't win the first round out there on the side of the road. Most Illinois LEOs understand the law to be as I have described it. Believe me, you won't win there at roadside. If you have the time and money to take it to court go ahead and do what you suggest. If you don't want your trip spoiled by an overzealous LEO play it safe. I have always interpreted the law to mean unloaded and not accessable to the driver or passengers in an operable state. Not every LEO looks at it that way though. Like it or not many law enforcement agencies in the state take what the ISP says and does as gospel. Their policies on everything from pursuits to domestic disturbances are copied and adopted by smaller agencies state wide. Like it or not this is the way things are and until the State Supreme Court steps in with clear guidance, this will continue to be a muddled issue with an inconsistant standard state wide. The State Supreme Court has stepped in in the past, most notably when they ruled the bond part of the Mandatory Insurance Law unconstitutional before the law took effect. This law as written would have required someone arrested for not having proof of auto insurance to see a judge to make bond. The Supreme Court realized that it would be impractical for anyone who neglected to put his/her insurance card in their vehicle to maybe spend the night in jail before being permitted to make bond. But our wonderful legislators in Springfield wrote it this way.

I stand by my advice if you don't want to have your trip ruined and be out the money and time to defend yourself. I'm not for this policy, I don't agree with it, but that is the fact of the matter. I hope everyone gives me a minute to get into my nomex before they open up with the flame throwers :)

In a perfect world every LEO in the state would have been made aware of the decisions you cite and every departments policy would change. As you well know, Illinois is far from a perfect world, especially as far as firearms laws go.

Jeff
 
AMERICA.........Land of the free....home of the brave. You are likely the brave, Reddog, but the part about being the "Land of the free" makes me take pause. I'm glad that there are guys more informed to give you the legal low-down than me. The only thing I can say is,

1. Don't speed.

2. Don't drive while sleepy. Its too easy to cross the center line while someone else is paying close attention. Don't do anything that would attract attention to yourself by LE.

3. If you keep your firearm locked up according to the mandates of said states, pray to God that you will not need to get to the firearm fast. I guess its not a bad idea to do that anyway.

4. Keep your doors locked at all times.
FWIW, I hope you have an enjoyable an safe trip free of any hassles.

robert

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"But now, he that hath a purse, let him take it, and likewise his scrip; and he that hath no sword, let him sell his garment, and buy one." -Jesus Christ (Luke 22:36, see John 3:15-18)
 
If the LEOs in your area are not trained to understand the law and are not made aware of court decisions, it is up to you to make them aware...one cop at a time, one phone call at a time. One letter at a time to patrol posts in your area, police precincts in your area. Tell your cop-friends about it. Call up a newspaper reporter and try to get a story going.

Do not rely on them knowing first. But do your best to let them know that you know the law and that you have reported this to them. Heck, if you're made of money, you can even send the letters certified.

Rick
 
Sorry, In Georgia, you may carry a loaded handgun in PLAIN VIEW, i.e. on the seat without a carry permit. not in the glove box, not under the seat, not in a console. In SC it is legal in the glove box or console.

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Byron Quick
 
Jeff, no flames here. I completely understand what you're saying and it's true. I was careful to note that I don't advocate this way of carrying for everyone, but I've decided I'm better off doing it this way. Someone passing through may have different needs.
As for pre-emptively educating local law enforcement, I'm ashamed that I haven't done so yet. One more thing to do. In the meantime, I'm driving North to the Chicago area tonight and I'm wondering if it's worth all the hassle and risk to carry an unloaded pistol on the backseat. What am I going to do, reach back and grab the pistol, load it and chamber a round, all while being carjacked?
In short, Illinois sucks and it pisses me off but it isn't your fault.
 
I am from Missouri.
We do not have concealed carry and, infact, it is a felony to carry a concealed firearm. Don't do it in this state unless you want o take a chance on running afoul of our stupid and archaic laws which were originally passed to keep newly freed blacks from being armed.
This is no joke! Our laws on handguns were intentionally passed to give all power to local sherifs and their cronnies and they still have that effect.
So if you are white and caught in most rural areas, all may or may not be forgiven. God help you if you are anything else.
Most rural areas would consider a cased weapon as O.K. Some might want the case locked. The old City of St. Louis will want it locked in the truck and even this might not be good enough. Be more and more cautious as the cities get bigger and bigger.
It is best to keep firearms of all types out of sight in this state and never give a LEO permission to search your car or property.
Theoreticlly, you could carry your handgun in an exposed holster just about anywhere in this state, but this is something for a committed Missouri Civil Libertarian to try, not a visitor.
If this is confusing, you understand our state as good as anyone.
 
Reddog.... Missouri's law on this may be found at http://www.moga.state.mo.us/statutes/C500-599/5710030.HTM....paragraph 3 = ""3. Subdivisions (1), (5) and (8) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. ""..... most LEO's do nothing if it is unloaded and cased.... it is best to lock the ammo in the glove box (NOT the pistol) and put the pistol in the trunk (or behind the seat in a PU truck) and in a lockable case. Somewhere on the state site is a paragraph that further outlines this and why a "peaceful transportation from state to state" is allowable.... such as on a road trip to Knob Creek..... Kansas & Nebraska also have this type of provision in thier laws..... hope this helps...
 
Hello Everyone-

What does everyone think of the "threat level" associated with Interstate Highway Travel vs. Local Travel?

For example, if you were to be carrying a loaded revolver in a locked case in your (locked)trunk, you are not a "threatening" individual who has easy access to the sidearm while out on the open road of our great country.

The only reason the driver would retrieve that sidearm would be if he or she had a mechanical breakdown, flat tire, etc., etc. on a desolate stretch of highway or took it into hotel/motel rooms each evening for protection.

By the way, hotel/motels with room doors that open directly to the outside are absolute MAGNETS for criminal behavior aimed at the motoring public. Disconnect your car battery before retiring for the evening....

My feeling is that many of us could (and probably do) travel freely from state-to-state with loaded sidearms in our trunks provided we adhere to many of the good suggestions offered in postings above:

Drive at the speed limit.

Drive defensively.

All paperwork up-to-date such as driver's license, insurance card, inspection stickers, and firearms information stored with the sidearm.

Keep your car meticulously clean and free of any attraction-grabbers such as bumper stickers. Well, maybe a simple black rectangle with "CLERGY" written in white block letters is OK! :)

If stopped, think how you would like to be treated as a police officer. Keep your hands visible and move slowly and deliberately...."Officer, I keep my registration and insurance in the glove compartment if you would like for me to get it for you...."


Hopefully you'll never need to display your sidearm, but at least you would have it if truly needed.

Additionally, if you are a calm, level-headed person, you may be able to rationally explain yourself to the police officer if he does come inspect your car closer while you change a tire at 2:00 a.m. on the shoulder.

Car & Driver magazine did a story a couple of months back about two of their staffers who were going to make a cross-country trip in a Natural Gas-powered car. One of the items they packed along with the pretzels, soda, blankets, and jumper cables was a SIG-Sauer P228. It's wonderful when people aren't politically correct!

These thoughts would provide no protection at all from a carjacker, but that threat is probably minimal once we're out on the open road and zipping along at 65 m.p.h. The windows of danger occur when we stop or when we're mechanically disabled.

Just a few notions...no flames please.

Regards everyone,

~ Blue Jays ~
 
Blue Jays:

I can recall instances where armed predators were accosting victims at Interstate rest areas. Florida comes to mind as a recent (last 5-6 years?) trouble spot, and I remember seeing a sign at a rest area there indicating "uniformed officer present" or some such after a few of these had occurred.

I prefer to be armed and in condition yellow. A gun locked in a trunk is damn near useless. I don't expect a thug to give me that much time.

The more I read about gun laws in "more civilized" states, the more glad I am I live in the barbaric South ;)

JimR
 
JimR-

I'm totally with you, brother! If I was able to (legally) manage it, I would be carrying concealed at all times. My state of residence has not yet seen the light of CCW. Condition Yellow is a way of life for me and my family.

My theory is that since the vast majority of us are respectful, peace-loving, law-abiding citizens, there have been times where a "judgement call" is made when traveling to nearby states.

If I'm going to be on a 5-state roadtrip with some buddies to go skiing for a week, it's highly unlikely that I would telephone the state capital of each state for a complete listing of their firearms laws.

If I were to hypothetically take this trip, I would pack all my ski gear, load up my friends, and quietly include my sidearm with the gloves, goggles, boots, poles, and sunglasses. Remember, this is all hypothetically speaking!

The fact-of-the-matter is that unless you are doing something incredibly stupid, dangerous, or ignorant, the L.E.O. is not going to tear your car apart looking for guns. They have much bigger fish to fry than hassling a bunch of pals on their way to go skiing, fishing, camping, etc.

This is my point in having up-to-date paperwork and not attracting attention. Officers are empowered to use their discretion at the side of the road. If you are a good person not out to cause trouble, you should be OK in the multi-state scenario painted by RedDog. YMMV. :)

Regards,

~ Blue Jays ~
 
Reddog,

Comes down to whether you are willing to break several local and State laws by having ready access while driving, or being PC and having no access at all, if the SHTF...

It's a no brainer for me... :)

Good luck and have a safe trip!

------------------
...defend the 2nd., it protects us all.
No fate but what we make...
 
Read Title 18, ch44, ss926a.
http://www4.law.cornell.edu/uscode/18/926A.html

US Code as of: 01/05/99

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.


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Gun Control: The proposition that a woman found dead in an alley, raped and strangled with her own panty hose, is more acceptable than allowing that same woman to defend herself with a firearm.


[This message has been edited by jimpeel (edited January 30, 2000).]
 
When I have done road trips I always carry loaded & within reach. I obey the speed limit (within reason - maybe +5@65+), have my "papers in order" (re insurance, etc. - all in the sun visor BTW & not in glove compartment - but pistol's not in GC anyway).

The chances of being stopped if you are obeying the traffic laws are very minimal. Still, the LEO must have probable cause to perform search - I'd politely say "no thanks." If receiving a ticket, I'd most politely accept & deal with it in court, at a later date.

Not condoning breaking any laws, but when the laws themselves are illegal & provide me no safety, I personally will do as I please.

If travelling by air, I'll take the pistol & 11lbs of allowable ammo (United at last trip) as checked & when receiving rental car, load & drive.

Be most very polite to LEO if stopped & ticketed, wish them a good day & proceed with your travels.

Only once have I ever had occassion to display a firearm while in an auto (about 4 years ago) & have been stopped a few times in my younger days (but not in better than 20 years). Ratio, in recent years (of "use/display-of-firearm" versus "stop by LEO") is a no-brainer to me.

You pays yer money, you takes yer chances.

signed - a rational anarchist
 
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