Loaded in trunk

T

Tayta_Mayne

New member
I am thinking about keeping a loaded rifle in my trunk. I have read over the state laws and it seems to me it is legal. Here is a quote.

It is unlawful to have a loaded firearm in a motor vehicle in such a manner that it is accessible without leaving the vehicle. It is unlawful to have a firearm in a motor vehicle unless it is unloaded and carried in one of the following ways............

So what is everyones thoughts? And if I get pulled over should I tell the officer that i have a gun in the trunk when he approaches? Thank you in advance.
 
You don't mention which state you're discussing so that limits some of the response.

Be sure to read ALL of your state's statutes regarding having a firearm in the vehicle, including both the Penal code and the Vehicle code. Sometimes states list guns in a car under the vehicle code, not the penal statutes.

You said a loaded gun could not be accessible without leaving the vehicle and in the next sentence said;

It is unlawful to have a firearm in a motor vehicle unless it is unloaded and carried in one of the following ways............
Click to expand...

This would seem to contradict the ability to carry a loaded gun unless it met one of the "following ways" that was conveniently left out of the conversation.

The question is WHY you want to carry a loaded rifle.
Additional questions I'd have to ask would be;
  • Is it a magazine equipped rifle? Mag inserted or separate?
  • Bolt, lever, pump or semi-auto rifle?
  • How will you secure it in the trunk?
  • What happens if your vehicle is rear-ended?
  • What is the liability in your state if the gun or vehicle is stolen?
  • Do you ever have a parking valet park your car?
  • How do you get the rifle home after an accident or breakdown?

In the event of an "official interrogation" it will likely be harder to explain a loaded AR-15 or M1A with a 20-round magazine than a bolt .308 or a lever-action .30-30.

And I shouldn't have to mention it, but never keep a round in the chamber unless you like living in a 4x8 room.
 
Ohio

You know when I was sitting at work today I realized i didnt say what state I was in. Ohio also just passed HB 347, so i think it is legal. Plus the way it is worded as long as you have to exit your car to reach the gun its legal. I am thinking my folding seats may be an issue though, if so i will lock them upright somehow.
 
What about 2963.16?

(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded and is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.

(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following:
(1) Knowingly transport or have a loaded handgun in a motor vehicle unless the loaded handgun either is in a holster and in plain sight on the person's person or it is securely encased by being stored in a closed, locked glove compartment or in a case that is in plain sight and that is locked;
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Which tells me you're not allowed to have a loaded firearm anywhere within a vehicle unless you have a ccw and then it must be either holstered in plain sight or in a locked compartment.

It doesn't look to me like what you're proposing is legal, but I don't know.
 
Given the speed a magazine or clip allows you to load, why put yourself in an awkward position of keeping a loaded gun in a not very secure car?
 
Thats the thing with ohio laws, they tend to contradict themselves very often. Handy, I thought of that but i was told in ohio if you have a loaded clip it might as well be loaded, but I would take the clip out of the car when i was not in the car. I guess i am going to have a little chat with my local sherriff. If you guys find something i should hear let me know. Thank you


What about keeping a loaded clip in the glove box and the gun in the trunk unloaded? Does anyone know for sureif that is considered loaded under ohio laws?
 
GoSlash27, Ohio recently passed house bill 347 which did away with the whole holster plain sight thing. That was why i was asking, but i never noticed the other item you pointed out, thanks.

*I didnt mean that the way it is worded, understand HB347 is not in effect yet.*
 
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Tatya,
You're welcome :)
I'm not a resident of the Buckeye state and not a legal expert. I'd just hate to see you get in trouble in a situation where you have no criminal intent.
Calling the Sheriff is a great idea; that's what I do when confused about local laws.
 
What you are proposing to do is illegal in Ohio, regardless of whether you have a concealed carry license or not. You may not have a loaded rifle in your vehicle. The intent to commit a criminal act is not the issue, the issue is whether you are obeying the law as written.

And HB347 is not law, the original concealed carry law is in effect. You still must have your gun unconcealed and on your person's person or locked in a case while in the car.
 
Annie is right. It is illegal, and even if HB347 was law, it would still be illegal. The provision that allows a CHL holder to carry a loaded gun in the car is only for a handgun.

Just to be perfectly clear - It is illegal. Do not try it.

-Dave
 
Okay glad i asked. But heres the thing it says " It is unlawful to have a loaded firearm in a motor vehicle in such a manner that it is accessible without leaving the vehicle ". Now why is it stated like that if it is illegal. So to completely clear this up even if i have a loaded clip in my glove box and the unloaded rifle in my trunk it is still illegal. I am not trying to be rude, I just dont understand why the laws of transporting a loaded gun would contridict themselves in such a manor that a good deffensive lawyer could argue their integrity in court.
 
Tatya,
I don't know what statute you're referring to so I can't really comment on the apparent contradiction. I think you're reading into the corrolary of the law and coming to a misleading conclusion.
Why would it be illegal to have a loaded clip in the vehicle?
 
I was told by a couple of folks if you have a loaded clip and the gun in your car no matter where either are it is considered loaded, even if the clip is in a locked box. I am going to speek with my local sherriff soon to find out for sure but if anyone has anything to say please sontinue the discussion.
 
its gonna be a difficult situation.
lets say it is legal to have a shotgun in your truck window unloaded in lakeland FL by FL law, ok. you wanna try that in Miami?
If you get on a federal highway you have to abide by federal law. unloaded and seperate from ammunition. if you go downtown their maybe a local ordinace prohibiting you from that. dont forget legal announced roadblocks detours that put you onto highways, ect.
the key is to NOT open the trunk. i drive w/ my valet keys my trunk button is in the lock position and the key fob is hidden in the car and i am the only one that knows the door code.
you wanna look in my trunk? get a prybar AND a warrant.
 
Tatya,
Your friends may be correct. I have no idea. You've got the right idea on how to sort it out.
I personally don't run around with loaded clips in the car anyway.
 
I was told by a couple of folks if you have a loaded clip [sic] and the gun in your car no matter where either are it is considered loaded, even if the clip [sic] is in a locked box.
Click to expand...
You may have a loaded magazine in the car, and an unloaded rifle in the trunk. You may have an unloaded rifle in your car and a loaded magazine in your trunk.

-Dave
 
i rember last month in dublin a woman got busted for having a loaded gun. her handgun(unloaded) was locked in the trunk and a loaded magazine was in her pocket.
 
Dave, sorry about the clip thing lol. I sometimes play videogames while i am on this forum and the game says clips so i was just in that state of mind. And the woman actually got in trouble even though the clip was away from the gun? Sounds strange, but hey thats ohio law for you i guess. I still havnt got around to calling the sherriff yet but i will as soon as possible and i will let everyone know what he says. Until then lets keep discussing this subject, even if you dont live in ohio you can still speek on the subject and your state laws on transortation, just be sure to let us know which state you are from.
 
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