View Full Version : Is this legal? CCW question...
A contractor from another state was in our office working on some servers. He had a brief case with him and when he opened it, I noticed that there was a small metal safe on the left side of the brief case. He saw me looking at it and told me his .45 was in the safe.
I asked if he has a ccw permit and he replied no. I then asked is that legal and he replied that since the weapon is in a locked safe, it's perfectly legal to carry the brief case with the weapon in it.
Does that sound right?
GermanSynergy
01-20-11, 10:42
Have you researched your particular state's own laws pertaining to CCW?
Makintrax73
01-20-11, 10:46
A contractor from another state was in our office working on some servers. He had a brief case with him and when he opened it, I noticed that there was a small metal safe on the left side of the brief case. He saw me looking at it and told me his .45 was in the safe.
I asked if he has a ccw permit and he replied no. I then asked is that legal and he replied that since the weapon is in a locked safe, it's perfectly legal to carry the brief case with the weapon in it.
Does that sound right?
The specifics of the law vary from state to state. Here in IL I believe as long as the gun is unloaded and fully enclosed in a case you are GTG unless you run into LE that doesn't know the law. Think of it this way: If you can't transport a cased unloaded gun how are you going to get to the range.
If the gun was loaded that is probably going to depend on specific state law.
ETA: I need to add that here in the people's republic of IL what the contractor did may be a felony because as an out-of-stater without a FOID card he has to fall into a limited number of exceptions in order to be in possession of a gun. I doubt most other states are so harsh.
Bottom Line: No way to know unless you read a fully understand the laws of your state.
Would not be here in Indiana but we have a very strict law regarding the transport of handguns. A resident must have a LTCH (license to carry a handgun) to take the gun from home to the range.
As others have said, check your state's laws if you are concerned.
Can a person get a CCW or equivalent easily in your state?
Buckaroo
John_Wayne777
01-20-11, 11:12
Laws vary from state to state...but whatever the specifics of the law happen to be, if the individual carrying that gun in his briefcase is doing so without a permit to carry a concealed weapon and he has an interaction with a police officer, odds are he'd at least get arrested for it.
Maybe he would win in court based on a technical definition. Maybe. He's still going to take the ride, though. Trying to be clever is rarely a recipe for success when criminal charges are a possibility.
As others have said, it would depend on local/state laws.
In my state, SC, it would not be legal, especially if he was on private property.
There are previsions for carrying firearms with out a license, but only while hunting, fishing, or going to the range.
TC
Steve in PA
01-20-11, 11:33
A contractor from another state was in our office working on some servers. He had a brief case with him and when he opened it, I noticed that there was a small metal safe on the left side of the brief case. He saw me looking at it and told me his .45 was in the safe.
I asked if he has a ccw permit and he replied no. I then asked is that legal and he replied that since the weapon is in a locked safe, it's perfectly legal to carry the brief case with the weapon in it.
Does that sound right?
Depends on your state's laws, but in PA he would be subject to arrest.
in some states I believe a mag in the gun but an empty chamber isn't considered loaded. in others it might be legal to have a loaded mag stored with, but not in the gun.
FromMyColdDeadHand
01-20-11, 13:18
Seems like the loaded part would conflict with the transport part- especially if he is not going to range. IF you are going to use a key to get to your gun, why not take the time to load a mag.
Under what circumstances could a cop ask to see in a locked case? I assume curiosity would not be appropriate PC?
I've asked the question about rifles/SBRs which are not allowed as CCW weapons in CO. Carrying them in a bag unloaded seems to be a no-no because the transportation authority implies you are going directly somewhere specific to use it. That was the non-lawyer consensus.
GermanSynergy
01-20-11, 13:21
Chances are very good he would be arrested in many locales and it would be up to the DA to charge him (if applicable). Like others have stated- he might beat the rap, he won't beat the ride.
gtmtnbiker98
01-20-11, 13:37
Here in Ohio, a loaded magazine in a vehicle or in the case constitutes loaded, regardless whether or not the magazine was in the firearm.
operator81
01-20-11, 18:07
In MT, its legal. CCW is legal w/o a permit unless in a city limits. Within the city, CCW is defined as a "weapon being wholly or partially concealed by clothing or wearing apparel." There is case law here defining a woman's purse, backpack, briefcase, etc as luggage, not wearing apparel. So by MT's definition, carrying a loaded pistol in a bag of some sort w/o a permit is fine. One might get arrested for CCW w/o a permit for doing so, which would be a hassle, but the case, due to existing case law, would likely be dismissed.
To echo what others have said, it all depends on the state. The answer you seek lies not in a forum made up of members from across the globe but in the laws that govern your state. You should be able to find your answer here: http://www.google.com/search?client=safari&rls=en&q=ccw+laws+by+state&ie=UTF-8&oe=UTF-8 which was a google search for "ccw laws by state"
PdxMotoxer
01-20-11, 19:05
When asking questions like these it really helps if you fill in the LOCATION just under you're name in you're profile.
If you wish to remain anonymous that's up to you but i highly doubt
that anyone is going to track me down just knowing i live in Oregon
(Last word was Portland and surrounding areas has 2.3 million people alone)
Help us Help you. :help:
As everyone else has said it will depend on location. As a Colorado LE I don't see how that would be a problem here.
But more importantly, why the heck do you care? As a LE there's a lot of times when I really wish people would just mind their own business. What he does with his own property is his own business and none of yours. If you see your neighbor speeding do you call them in every time?
If the gun is unloaded... This seems to be no different than if he were carrying the gun around in a gun case. It is essentially, a cased firearm more than concealed.
I don't see him getting arrested for this, unless there's a quirk in the elements of the offense in the venue.
In real life it depends on what the police contact was about and who the officer is.
Thirty three years LEO and I've seen the same situation handled different was by different officers. Just depends.
In Ohio, without a license it must be unloaded, in a location that requires one to exit the vehicle to access the gun, or in a rack made for the purpose of transport, or in a locked container, or with the action opened or weapon stripped or if the weapon is one that cannot easily be stripped, in plain sight.
All of this list is subject to change depending in a bill before the statehouse waiting for a vote.
It is suspected to be relaxed somewhat in the near future. None the less, unloaded that means the ammo in a location away from the weapon.
Trying to be clever is rarely a recipe for success when criminal charges are a possibility.
Lots of wisdom in this statement.
Sort of like the guys that think they are clever and disassemble a handgun to ship/mail it. You know ... cause then it's parts and not a firearm. :rolleyes:
I have lived virtually all my life in Montana, Utah and Arizona. Reading some of these replies absolutely blows my mind what other states gun laws are like. An LTCH in Indiana? Wow. Fortunately my wife is from Texas.. all the states we have family in we don't have to worry much about the legality of arming and protecting ourselves when we go visit.
Sort of like the guys that think they are clever and disassemble a handgun to ship/mail it. You know ... cause then it's parts and not a firearm. :rolleyes:
What about shipping the parts separately in multiple packages? :haha:
But more importantly, why the heck do you care? As a LE there's a lot of times when I really wish people would just mind their own business. What he does with his own property is his own business and none of yours. If you see your neighbor speeding do you call them in every time?
Just love it when people jump to conclusions. I don't care what he does with his weapon. I just wondered about the little safe as I've never seen one in a brief case before.
F-Trooper05
01-21-11, 16:37
Legal or illegal; if that's your preferred carry method, you're retarded.
If it is in the safe and locked - it would take a warrant to open it, so I can't imagine getting arrested for it.
What's in the safe? - "None of your business"
What's in the safe? - "None of your business"
I've never understood the compulsion of some to discuss such things with strangers.
Beat Trash
01-25-11, 12:26
in some states I believe a mag in the gun but an empty chamber isn't considered loaded. in others it might be legal to have a loaded mag stored with, but not in the gun.
IN my state, a loaded magazine in the gun is a loaded gun. A round being chambered isn't going to matter.
PdxMotoxer
01-25-11, 13:11
I noticed the O.P. of this thread has returned a few times and yet to discuss HIS/HER question
Or simply answer what many TRYING to help asked "what state are we talking" but instead
vapor locks on one of the few negative reply's and "try's" to start a argument and turn this thread into a flame-war.
This tells me:
1. The question they asked was answered and couldn't be bothered to say simply say "thanks"
2. Didn't give 2 shits about their own question and was just trolling for a fight.
My vote would be lock it and let it die a natural death.
I've never understood the compulsion of some to discuss such things with strangers.
Same guys that "accidentally" let their jacket brush away or shirt slip up to reveal they're carrying.....
Here in Ohio, a loaded magazine in a vehicle or in the case constitutes loaded, regardless whether or not the magazine was in the firearm.
Don't take this personally but that's absofrickinlutely one of the dumbest things I've ever heard! That's like sleeping in the same bed with a girl and not having sex with her but according to the law you raped her.
But more importantly, why the heck do you care? As a LE there's a lot of times when I really wish people would just mind their own business. What he does with his own property is his own business and none of yours. If you see your neighbor speeding do you call them in every time?
I couldn't agree with you more!
I couldn't agree with you more!
X2 I would say the guy was a little dumb for even saying what was inside.
Same guys that "accidentally" let their jacket brush away or shirt slip up to reveal they're carrying.....
Sadly, a great many of them have badges.
"Oops, did I do that? It's cool, I'm a cop. See?"
Probably legal in CA. I think it's one of the few safe ways to transport a gun in CA, especially when your within 1000 feet of a school. I think they call Unloaded Locked Container Carry, or something like that. It's makes sense too and from the range, but a daily carry is kind of weird. Even being in CA, your probably better off learning some defensive knife skills.
The mag can be near the gun, but not in it. Unless a felony is being committed, then a mag within reach is considered loaded.
I may be a little off on the subject, it's been about a year since I had to look this stuff up.
One of the best places for info..
http://www.handgunlaw.us/
He's good about keeping it up to date.
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