carrying out of state?

Discussion in 'Firearm Related' started by Marine6212, Dec 19, 2010.

  1. Marine6212

    Marine6212 Active Member

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    Good day to all,
    I am new to this website and I have applied for my GFL in Houston county on December 15, 2010. I travel to Arkansas several times a year and to North Carolina. I have read the laws but all the legal mumbo jumbo is confusing.

    Alabama
    You must have a Permit/License to carry a loaded handgun in any vehicle.
    A person may lawfully transport a firearm, including a handgun, from one state in which they are legal to possess to another state without a permit as required under Alabama law, provided the following conditions are met:
    ? The firearm is unloaded.
    ? Neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle.
    ? In case of a vehicle without a compartment separate from the driver's compartment, the firearm and ammunition shall be in a locked container other than the glove box or console. Title 18 U.S.C. section 926A

    Arkansas
    Arkansas Code Annotated §5-73-120. Carrying a weapon.
    (a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun, knife, or club as a weapon against a person.
    http://www.handgunlaw.us 3
    (c) It is a defense to a prosecution under this section that at the time of the act of carrying a weapon:
    (4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon; (a journey is defined as traveling beyond your circle of neighbors and general acquaintances or outside a person’s normal travel routine)
    Note: Journey is a very vague statement and has not been defined in AR Law that I can find. Unloaded and secured in the Trunk or a container not the Glove Box or Console is what Handgunlaw.us recommends at this time. Use Caution.

    Mississippi
    SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
    (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

    North Carolina Must inform Officer
    Transporting Weapons
    Roy Cooper
    Attorney General
    Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant to ensure that their particular situation cannot be construed as concealing a weapon either on or about them without being properly authorized to do so with a valid North Carolina concealed handgun permit. Therefore, the person's accessibility to the weapon is of prime importance. It is for these reasons, that when transporting a weapon in a vehicle, even greater care must be exercised to ensure that the weapon is not concealed and within the ready access to an occupant of the vehicle. North Carolina law does not specifically address how to transport a weapon in an automobile. Therefore, the central question becomes: when is the weapon concealed and readily accessible to an occupant of the automobile? Obviously, a weapon would be concealed and readily accessible, and therefore in violation of our law, if it were
    http://www.handgunlaw.us 19
    placed in such areas of a vehicle as, under the seat of the automobile; in a bag in the back seat; in an unlocked glove compartment; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. A previous opinion from this office was that a weapon would not be concealed if it were placed in a locked glove compartment, unless the key to the glove compartment was in the lock and the person was in close proximity and had ready access to it. A concern with this mode of transportation however is that it is quite susceptible to different interpretations, based on the various factors involved. Therefore, this may not be the most legally defensible method of transporting a weapon, and is discouraged.
    While a weapon carried openly in an automobile would not be concealed, there are other problems attendant to this method of carrying a weapon. The principal drawback, of course, is in the event of a person being stopped by a law enforcement official, the officer may not readily know that person's purpose and intent for carrying a weapon. As such, it is imperative that a person immediately notify an officer of the presence of any weapon in the automobile, for the officer's and the vehicle's occupants' safety. Another obvious drawback is that a valuable weapon may be in plain view for potential thieves to see. The prohibition to carrying concealed weapons applies not only to handguns and other weapons commonly thought of as being easily hidden, but also to "long guns" as well. Therefore, shotguns and rifles concealed behind the seat of pickup trucks, and elsewhere in other vehicles, could similarly violate our law.
    As to those vehicles with no easily discernible trunk area, for example vans, the question turns on a factual determination of when the weapon is within ready and easy access to an occupant of the vehicle. If the weapon is concealed near, in close proximity to, or within the convenient control and access of an occupant, which would allow him to use the weapon quickly, then a fair probability exists that the occupant is in violation of the law. Therefore, care must be exercised by any occupant of a vehicle to ensure that the weapons are securely locked away in as remote an area as possible in relation to the passenger compartment of the vehicle. It is important to emphasize that these prohibitions apply to passengers, as well as the driver of a vehicle. From: NC Firearm Laws by NC AG )
    Note: In NC you can carry the firearm loaded and in your vehicle without any type of permit/license as long as it is visible. The law says you can’t conceal it. So keep it in the open and you are legal.

    Tennessee
    It is illegal to carry a loaded firearm in any vehicle without a valid Permit/License.
    39-17-1307. Unlawful carrying or possession of a weapon. —
    (a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4?), or a club.
    (2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
    (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.
    39-17-1308. Defenses to unlawful possession or carrying of a weapon. —
    (a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:
    (1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;


    I got all this information from the following website. http://www.handgunlaw.us/documents/USRVCarCarry.pdf

    Please help me make since of all these rules. Last thing I want is to get cuffed and stuffed!! :shock: :oops: :cry:

    I don't think the wife would be very happy with me and it would only support her no guns attitude!! ( she is a californian) may god have mercy on her soul!!

    Thanks
    Marine6212
     
  2. jimjones30

    jimjones30 New Member

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    Check out this site to see which states will honor GA's license. http://www.georgia.gov/00/article/0,208 ... 11,00.html

    Unfortunatly, you still need to check state laws if you're going to be spending a lot of time in each state. You can find some sites that break down the legal jargon, like http://www.nraila.org/gunlaws, but I find that most of them are out of date or have inaccuracies. My suggestions is to use sites like the before mentioned to help you get a feel for understanding the legal jargon then read each states statues.

    If your firearm is unloaded and locked in a case, you are provided some protection by federal law: http://www.nraila.org/gunlaws/federal/read.aspx?id=59
     

  3. kwikrnu

    kwikrnu Banned

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    Tennessee has a strange definition of unloaded. Unloaded is defined in TCA 39-17-1301 as no ammunition in the vicinity of the firearm. Keep the ammo in the passenger compartment and the guns in the trunk and everything locked up if you have no permit.
     
  4. Kingfish

    Kingfish New Member

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    And no ammo in any mags. One round in a magazine is considered a loaded firearm.
     
  5. The AmBASSaDEER

    The AmBASSaDEER New Member

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    Im going there for Christmas, but have a GWL. I can still CC right?
     
  6. Kingfish

    Kingfish New Member

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    Tennessee recognizes any valid permit. CC and OC are treated the same by law.

    Beware of signs. Signs have weight in TN. Even a "gunbuster" sign will get you in legal trouble.
     
  7. The AmBASSaDEER

    The AmBASSaDEER New Member

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    good news, thanks
     
  8. kwikrnu

    kwikrnu Banned

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    I don't read it that way. Ammo sometimes comes on stripper clips and that would be considered loaded. Therefore, I believe magazines may be loaded and not in the vicinity of the weapon. Firearms with detachable magazines are loaded if there is no ammo and the empty magazine is simply in the vicinity of the firearm.

    TCA 39-17-1301(18) “Unloaded†means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.
     
  9. Kingfish

    Kingfish New Member

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    I believe your interpretation is flawed.
     
  10. Marine6212

    Marine6212 Active Member

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    So basicly when I cross the TN line, I should unload my gun and give the clip to my wife to put in her purse! like to see some one reach in there to get a clip! :lol: I wouldn't have immediate access to it!! :lol:

    Why can't they just make it easy for us! if you have a gun and its loaded and its not being pointed at any one or any thing just leave us the hell alone and let us go about our business!!!
     
  11. Kingfish

    Kingfish New Member

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    If you don't have a permit you will also need to put the firearm "out of reach".
     
  12. kwikrnu

    kwikrnu Banned

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    Please cite the statute which requires this, I do not believe one exist.
     
  13. Kingfish

    Kingfish New Member

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    § 39-17-1308
    (a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

    (1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;
     
  14. kwikrnu

    kwikrnu Banned

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    "not concealed on or about the person"

    If it is unloaded and not concealed it doesn't matter where the gun is located in relation to the person.
     
  15. RecoveringYankee

    RecoveringYankee New Member

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    Your original post says you have applied for your GWL, but most of the text your quoted has to do with transporting or carrying (not the same thing) a firearm withOUT a permit.

    Travelling to Arkansas takes you (depending on route) through Tennessee, Alabama, and/or Mississippi, all of which recognize a GWL. So you are good to carry on you, loaded, the whole trip, once your GWL arrives.

    Travelling to North Carolina takes you through South Carolina. NC also recognizes your GWL, so you are good to go there. SC does not recognize, but you can have the weapon loaded and in a closed glove box or center console, or in the trunk, legally. Those locations are specifically mentioned, so you can't put it anywhere else or have it on you, but those locations are good. Also, you can't carry it at all if you get out of the car for gas, food, etc, just leave it in the glove box.

    You still need to carry in accordance with each states rules. The sites that have already been mentioned are good for that information.

    Also, if I am not mistaken, NC, SC, and Arkansas all require you to inform an officer that you are carrying if you come into official contact - speeding stop, etc.
     
  16. Marine6212

    Marine6212 Active Member

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    Thank's for the information! I recieved my GWL December 23, What a great christmas gift!!! I will do my best to avoid SC. I would rather drive two hours out of my way than put my weapon in a glove box! What good is it doing me if I can't reach it when I need it?


    Marine6212
     
  17. dcannon1

    dcannon1 New Member

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    Several legal minds here on the forum say to meet the definition of not concealed in a car you would have to tape the gun to the window or hang it from the rear view mirror (and in both cases not have tinted windows). Since the definition of concealed isn't defined in this instance, just having it in the car would mean it's "concealed" to other motorists, LEO in vehicles, and possibly LEO approaching your car. Not saying that it would be an issue, but just playing devils advocate here.

    IANAL.

    To the OP: My stepdad got his GWL in Houston Co in less than 2 weeks when he got it 2 years ago (not a renewal, first time license) so maybe you'll have it pretty quick. However, I would guess the holidays would slow the process down.
     
  18. budder

    budder Moderator Staff Member

    That's for GA. kwik is the expert for TN law, though I wouldn't say he's always correct.
     
  19. kwikrnu

    kwikrnu Banned

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    I'm not an expert, but I've had a number of cops harrass me and have never been charged with a crime.:)
     
  20. AirCrew

    AirCrew New Member

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    Your Tech Rep carries in TN and AL all the time.....:0)

    Welcome to GPDO!