Driving With Unloaded Shotgun

R

RDak

New member
The thread about driving with a handgun in California peaked my interest and I have a question.

For years, I have kept an unloaded shotgun in my trunk when traveling.

The shotgun does have a cartridge holder attached to the butt stock and the shells are in the holder.

The unloaded shotgun is inside a bore stores, soft fabric case. (And, it is always in the trunk while traveling.)

I have read up on this in the past but would like to have your opinions on this.

I think this is legal in all States.

Do you guys agree?
 
i am not a lawyer

and asking for advice on the net might get you some bad info

having said that.......

i think that some states dont allow you to have the gun and the ammo
together....they have to be locked separately...apart....maybe even in
different compartments

not sure, but there are resources out there that address traveling
through states with firearms of different sorts and how to keep it legal

be sure before you travel!
 
not in pa


The thread about driving with a handgun in California peaked my interest and I have a question.

For years, I have kept an unloaded shotgun in my trunk when traveling.

The shotgun does have a cartridge holder attached to the butt stock and the shells are in the holder.

The unloaded shotgun is inside a bore stores, soft fabric case. (And, it is always in the trunk while traveling.)

I have read up on this in the past but would like to have your opinions on this.

I think this is legal in all States.

Do you guys agree?
Click to expand...
 
Ok, thanks for the info.

I'll have to do more reading.

Very suprised PA says "no" to carrying an unloaded shotgun in the trunk. (Is it because the cartridges are in the shell holder......which is "too close" to the firearm?)

In fact, I am very suprised any State prohibits that mode of carry while traveling. I do not remember seeing any State prohibit this mode of carry but............?

I mean, the shotgun is unloaded and locked in the trunk in a soft case.

I'll have to look at various State statutes again.
 
In NJ the gun must be in a locked container, and the ammo must be in a separate locked container. Any magazines or clips must be unloaded. All of the above must be in the trunk or as far back in the car as possible.
 
In PA the ammo must be in a separate container. If the ammo was stored in an outside pocket of the bag the shotgun is in that would satisfy the requirement.
 
I would not simply assume that your setup is legal in all states and localities because it probably isn't. Many different jurisdictions have different definitions of what constitutes a "loaded" gun and I suspect that yours may meet some of those definitions. Worse still, in some areas, the definition of a "loaded" gun isn't even clearly defined and is left up to the discretion of the individual prosecutor and/or police officer.

I am reminded of a situation that was somewhat of an issue in the state of Illinois some years ago. While CC is illegal in IL, at one time it was a fairly popular practice to carry an unloaded semi-auto handgun (Makarovs were fairly popular because they are compact and were inexpensive at the time) along with a loaded magazine in a fanny pack. Unfortunately, the state Attorney General wouldn't give a clear definition of what constituted a "loaded" gun and thus it was left up to the individual police officer to try and sort things out.

Also, some places require you to have a permit to even posess a firearm. While federal law would protect you if you were simply traveling through such an area, it would not if such an area were your destination. Also, I believe the federal statute protecting interstate transportation of firearms specifies that they must be kept in a locked container and the ammunition stored separately.

I guess my answer to your question is that you should carefully examine the laws of anywhere you plan to travel and any areas you'll pass through on your way before taking your shotgun in the condition you describe.
 
as stated, check the local area laws CAREFULLY.

In some (RARE) places, a loaded magazine, empty chamber is legally not loaded.

In other places, a loaded magazine outside the weapon, but in the same compartment of the car is a loaded weapon!

Ammo and a gun in the same case is going to be looked on as a loaded weapon in more places than not. Sorry, but that's the way it is.
 
The answer for NJ would be HELL NO! First of all in my state without a carry permit (which is near impossible to get) taking a gun off your property is a crime. There are some exemptions to this such as if you are going directly to a range or moving. Also the ammo can't be anywhere near the gun and I think that even having a loaded magazine counts as having a loaded gun. I don't know if CA is this terrible but seeing as CA is ranked #1 best state by the bradys :barf: whereas NJ is #2 I would not be surprised.
 
Ok, thanks guys.

I'll have to start keeping the ammo in a separate box when I go out of state.

Seems ridiculous, but I honestly felt having the gun unloaded as to chamber was sufficient.

I mean, it is unloaded for pete's sake and it is a long gun, (which is legal in every State).

I know of no State where a shotgun is illegal but my assumption of unloaded as to chamber appears to be wrong because the ammo is near the gun?

I'm having a hard time grasping the violation of having the ammo in the ammo holder but if that is the way it is, so be it.

ETA: Just to be clear, this is a pump shotgun with no detachible magazine.
 
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As said, it's a state specific issue.

Across the river in IL, the firearm must be unloaded and cased and the ammunition must be in a separate case.

In MO, you can have it loaded and ready to go and in the seat next to you.
 
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