i want to know if i ever happen to get pulled over by a cop for some kind of traffic violation, and i own a handgun and a gun license. which means i can have a loaded pistol, but i dont know where it has to be while driving. even with a license, does the gun have to be in the glove box at all times? or can i have it next to me or tucked in my pants?
2006-08-20 18:35:46 · 20 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
If you have a valid license to carry the gun, just contact the agency that issued the license and ask what the policy is. Some places have restrictions on where the gun should be, but that is usually determined by the guidelines established for the state.
In Alabama, if you have a handgun license, then it allows you to carry it concealed. It can be anywhere in the car, as long as you have a valid and current license on you. If you are stopped, the best thing you can do is to let down the windows, turn the engine off, and place both hands in plain view on top of the steering wheel until the officer approaches. When the officer gets to your window and asks for your driver's license, say, "Yes, sir (or ma'am). Before I get my license out, I want to tell you that I have a handgun in the car. It is in (insert place in car) and I have a handgun license in my wallet." From there, the officer will handle it however he feels comfortable doing so.
Judging from your last question about trying to get drugs past a police K9, though, I would advise you against carrying any type of weapon in the car. If you are caught with narcotics and a gun (even a licensed one), you will do at least a few years in a federal prison, in addition to the time for just the drugs.
2006-08-20 18:50:37 · answer #1 · answered by RJ 4 · 2⤊ 0⤋
Just like with virtually any gun law the answers varies by state. Since you didn't say what state you live in, nobody can give you a correct answer. In general though, if you have a concealed carry permit you can have it on your person, however there is always an exception. Ohio requires the gun to be "in plain sight". Other states (Florida for one I think) allow you to have a loaded gun in your glove box even if you don't have a permit.
It's little distubring though that you bring up this term "gun license". Do you live in one of the few states that actually licsense gun owners, or are you talking about a permit to carry it? You really should get your terms straight and know the law before you carry a gun.
If you don't have a concealed carry permit and are just asking about traveling with a gun, then you are covered by Title 18. (google "peacable journey law" for the exact text). As long as the gun is unloaded and securely packaged away from the drive (i.e. locked case in the trunk) and seperated from ammunition then you are fine. In this case however why would you even mention to the cop that you had a gun? Unless he had probable cause to search your car there is no reason he needs to know about a gun in a locked box in your trunk. If you are carrying a loaded gun however you should let the cop know, even if you're not required by law in your state.
2006-08-21 10:43:37 · answer #2 · answered by benminer 3 · 0⤊ 0⤋
Glove compartment or on the seat. The car is considered an extension of your home in most states and a license is not required. The other part of the question is no! Even if you have a license to carry on your person you can't tuck it in your pants. The license requirement to carry in most states, says that when you are carrying the gun concealed or exposed on your body, it has to be in a holster, closed container, purse, briefcase etc. The reason is simple they don't want guns accidentally falling out of waistbands hitting the ground and discharging.
2006-08-21 01:33:42 · answer #3 · answered by bsure32 4 · 0⤊ 0⤋
If you have a concealed weapons permit in the state which you are in, I BELIEVE you may have it concealed, however if you do not have said permit, then it would be illegal to conceal in your car or on yourself, and must be stored unloaded in a locked case. The gun laws vary widely from state to state, so check with your local police department.
Also, you would never believe the number of people I have seen who have shot themselves because they tuck their gun into their pants. If you are licensed to conceal a weapon, buy a holster of some sort. They even make ones that you wear on the inside of your pants.
2006-08-21 01:36:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if you have a license to carry concealed then it has to be concealed. Either on your person or in the glove box. under the seat etc... but it cant be in the open you cant have it on the seat or the dash.
And to who ever said unloaded in the trunk. If you do not have a permit to carry concealed then you can still be charged with a conceled weapon even if the gun is completly taken apart. It is still considered a deadly weapon :)
2006-08-20 20:37:29 · answer #5 · answered by Amber 4 · 0⤊ 0⤋
In the state of Tn you can keep it on your body. Keep in mind that once your license has been ran the officer will be notified if you do have a gun permit. the best thing you can do is check with your states department of safety and find out exactly what the law is in your state. also let the officer know you have your permit and if you have your weapon with you when you give him or her your license. surprises in the middle of the night tend to put us on edge
2006-08-21 04:17:49 · answer #6 · answered by 451 2 · 0⤊ 0⤋
if you have the gun in your car, then it has to be unloaded at all times and in its case. you should have the gun in your trunk, if you dont have a trunk then but the gun under your passenger seat. then when you get pulled over and your gun is in your car hand your gun license to the cop and let him know where the gun is in the car.
2006-08-21 05:35:23 · answer #7 · answered by mike g 5 · 0⤊ 0⤋
I don't know about your state but my state anywhere that can be seen. If the weapon cannot be seen that is considered a concealed weapon, and that is a totally different license than just a regular gun license.
2006-08-20 18:42:49 · answer #8 · answered by samoan2456 1 · 0⤊ 0⤋
depends on the state ,it may have to be in the trunk and unloaded
or in the glove compartment unloaded
in some places loaded on your person is ok
it was like this in South Africa,
2006-08-20 18:42:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
make sure its in plain sight. there are states that its illegal for a firearm to be loaded while in a vehicle. check with your local or state authorities. what good is a gun if its empty? what good is a gun if its in your trunk? most criminals wont screw with someone if they know your packing.
2006-08-20 18:45:39 · answer #10 · answered by james_a_willis 3 · 0⤊ 0⤋