jeff niles
Regular Member
I just seen on the news ch-3 nov 1 you can have a loaded, uncased handgun in a car in plane view not with in reach? Lot of good that will do in my back seat!
I just seen on the news ch-3 nov 1 you can have a loaded, uncased handgun in a car in plane view not with in reach? Lot of good that will do in my back seat!
Act 35 took out the requirement for handguns to be unloaded and encased. .
But it did not eliminate the prohibition of it being concealed unless you are a licensee.
IMPORTANT NOTE: Persons who do not have a CCW license may still not carry weapons concealed. In a vehicle this means that the firearm cannot be hidden or concealed and within reach.
So... According to the law, if I sit strong side towards a wall in a booth at a restaurant I'm considered concealed.
Some posters just do not read all of the laws.
According to the letter of the law it may be considered "hidden"..
So... According to the law, if I sit strong side towards a wall in a booth at a restaurant I'm considered concealed.
There are alot of things which could be said and then we have reality. There is not a reasonable expectation of being cited for carrying openly so long as your clothing is not obstructing the view of your handgun even if an officer approaches you from your weak side. There is not a reasonable expectation of being cited for carrying openly while sitting in a restaurant booth....Could that also not be said if I was carrying openly and someone approached me from my weak side?
So, Could someone please explain how a handgun could be considered to be "within reach" while in a closed glove compartment...................................
You guys are reading too far into the law again and making assumptions, most likely wrong assumptions.
We can OC in a car without the permission slip. Plain and simple. We also no longer need to unload and encase a handgun while in a car. So being in a closed container makes it "Out OF Reach"
Lies by the media. Act 35 took out the requirement for handguns to be unloaded and encased. You can have it on your hip and IMHO, loaded in your glove box.
So... According to the law, if I sit strong side towards a wall in a booth at a restaurant I'm considered concealed.
So, Could someone please explain how a handgun could be considered to be "within reach" while in a closed glove compartment...................................
You guys are reading too far into the law again and making assumptions, most likely wrong assumptions.
We can OC in a car without the permission slip. Plain and simple. We also no longer need to unload and encase a handgun while in a car. So being in a closed container makes it "Out OF Reach"
Remember that Walls was decided before our state RKBA was passed and before ACT 35. It is the courts duty to interpret the will of the legislature on a question of the law or interpret it in light of the constitutions as applied or on it's face. With the changes to both I have to believe that the case law would change if someone is cited in the manner we are talking about. Also, Alloy is not cite-able jurisprudence which has been argued many a time on this forum.
Once again, one would take a chance by openly carrying in a car without a permit; but for the other side of the argument the case law is NOT as clear as it's made out to be by some because of the differences I talked about above.
Remember that Walls was decided before our state RKBA was passed and before ACT 35. It is the courts duty to interpret the will of the legislature on a question of the law or interpret it in light of the constitutions as applied or on it's face. With the changes to both I have to believe that the case law would change if someone is cited in the manner we are talking about. Also, Alloy is not cite-able jurisprudence which has been argued many a time on this forum.
Once again, one would take a chance by openly carrying in a car without a permit; but for the other side of the argument the case law is NOT as clear as it's made out to be by some because of the differences I talked about above.