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Thread: Carry versus Transport a Handgun in a Vehicle

  1. #1
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    Carry versus Transport a Handgun in a Vehicle

    I thought I understood this until I went back and re-read the Summary of Gun Legislation http://www.cga.ct.gov/2007/rpt/2007-R-0369.htm which I know is from 2007 and a little out of date.

    I believe that with a valid Connecticut State Permit to Carry Pistols and Revolvers I can legally carry a loaded handgun in a motor vehicle. But after reviewing the Summary again, I'm confused.

    First it says this:
    Motor Vehicles

    By law, when handguns are being transported in a motor vehicle, they must be unloaded and kept (1) in a place not readily or directly accessible from the passenger compartment or (2) in a locked container other than the glove compartment or console (CGS 29-35). A violation carries a penalty of one to five years imprisonment, a fine of up to $1,000, or both, with a mandatory minimum one-year sentence in the absence of mitigating circumstances (CGS 29-37).

    When long guns are being transported in a vehicle or snowmobile, they must be unloaded. A violation carries a fine of $10 to $100, imprisonment for up to 30 days or both (CGS 53-205).

    It also says:
    The law, with exceptions, prohibits carrying (1) firearms on school property, (2) firearms on Connecticut General Assembly property, (3) loaded handguns in a vehicle, and (4) handguns where barred by law or a property owner.

    In the Offenses section this appears:

    Carry loaded handgun in vehicle

    Up to $1,000 fine, up to five years imprisonment, or both, with a one-year mandatory minimum in the absence of mitigating circumstances, and any handgun found in the violator's possession must be forfeited

    29-35, 29-37

    Section 29-38 is titled Weapons in vehicles. Penalty. Exceptions but doesn't differentiate between loaded and unloaded. Section 29-35 is titled Carrying of pistol or revolver without permit prohibited. and mentions transporting in vehicles but not carrying.

    Can someone who has studied this longer than I have point me to the correct reference? Thanks.

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    Sec. 29-35. Carrying of pistol or revolver without permit prohibited. Exceptions. (a) No person shall carry any pistol or revolver upon his or her person, except when such person is within the dwelling house or place of business of such person, without a permit to carry the same issued as provided in section 29-28. The provisions of this subsection shall not apply to the carrying of any pistol or revolver by any parole officer or peace officer of this state, or parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent, or to any member of the armed forces of the United States, as defined in section 27-103, or of this state, as defined in section 27-2, when on duty or going to or from duty, or to any member of any military organization when on parade or when going to or from any place of assembly, or to the transportation of pistols or revolvers as merchandise, or to any person transporting any pistol or revolver while contained in the package in which it was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser's residence or place of business, or to any person removing such person's household goods or effects from one place to another, or to any person while transporting any such pistol or revolver from such person's place of residence or business to a place or individual where or by whom such pistol or revolver is to be repaired or while returning to such person's place of residence or business after the same has been repaired, or to any person transporting a pistol or revolver in or through the state for the purpose of taking part in competitions, taking part in formal pistol or revolver training, repairing such pistol or revolver or attending any meeting or exhibition of an organized collectors' group if such person is a bona fide resident of the United States and is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides, or to any person transporting a pistol or revolver to and from a testing range at the request of the issuing authority, or to any person transporting an antique pistol or revolver, as defined in section 29-33. For the purposes of this subsection, "formal pistol or revolver training" means pistol or revolver training at a locally approved or permitted firing range or training facility, and "transporting a pistol or revolver" means transporting a pistol or revolver that is unloaded and, if such pistol or revolver is being transported in a motor vehicle, is not readily accessible or directly accessible from the passenger compartment of the vehicle or, if such pistol or revolver is being transported in a motor vehicle that does not have a compartment separate from the passenger compartment, such pistol or revolver shall be contained in a locked container other than the glove compartment or console. Nothing in this section shall be construed to prohibit the carrying of a pistol or revolver during formal pistol or revolver training or repair.

    (b) The holder of a permit issued pursuant to section 29-28 shall carry such permit upon one's person while carrying such pistol or revolver.


    OK, its easy to get confused because the law is written like a monkey wrote it. But you need a permit to transport a handgun (exceptions include people from other states who have permits from their states and going to a range upon request of a government official).

    So where can you have your handgun w/o a permit? Inside your house (not on your land - inside your house). That's it! In fact, I have a permit application before the board & my argument is that they MUST issue because I have a right to practice with it & the law requires a permit to walk out the door of my house (so I have to get a permit to practice)--so far, the board has been leaning my way -- I have a thread running on my exploits of the attainment of my permit.

    The OLR report? Not binding by any means; they are correct, technically but even they have no idea about the gun laws

    Last edited by davidmcbeth; 07-22-2012 at 08:15 PM.

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    Quote Originally Posted by Skinnedknuckles View Post

    I believe that with a valid Connecticut State Permit to Carry Pistols and Revolvers I can legally carry a loaded handgun in a motor vehicle.
    .
    Sec. 29-38. Weapons in vehicles. Penalty. Exceptions. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued

    If one has a permit, the penalties of 29-38 do not apply

    And forget about asking a cop .. they are also clueless ... I noted this in a previous new thread posted today.

    And I have talked to several police chiefs about transporting my handgun to a range to practice: they all said I would be arrested for this act. And I have talked to sevral DAs (assistant DAs) about this issue & they just shake their head and say they don't know what they would do.

    This state's straight-jacket approach to handgun transportation is something that I have turned on its head in my board's currently pending case. The ultimate success of it? Will see later - it costs me nothing so I'm "going for it!" lol
    Last edited by davidmcbeth; 07-22-2012 at 08:31 PM.

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    Quote Originally Posted by davidmcbeth View Post
    OK, its easy to get confused because the law is written like a monkey wrote it. But you need a permit to transport a handgun (exceptions include people from other states who have permits from their states and going to a range upon request of a government official).

    So where can you have your handgun w/o a permit? Inside your house (not on your land - inside your house).

    The OLR report? Not binding by any means; they are correct, technically but even they have no idea about the gun laws

    I know you need a permit to transport a handgun in a motor vehicle with some very limited exceptions (as I understand it, transport means the handgun is unloaded and in the trunk or otherwise not accessible) if you are a resident of CT (not worried about non-residents).

    I know you need a permit to carry a handgun openly or concealed everywhere carry is not prohibited (as I understand it, carry means having the handgun on your person or readily accessible). My question is: Is it prohibited to carry a loaded handgun in a motor vehicle if the carrier has a CT Pistol Permit, or is a motor vehicle a prohibited place as the OLR seems to say? If it is prohibited, I can't find the statute saying that it is. I can't find the legal definitions of transport and carry either.

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    Quote Originally Posted by Skinnedknuckles View Post
    . My question is: Is it prohibited to carry a loaded handgun in a motor vehicle if the carrier has a CT Pistol Permit, or is a motor vehicle a prohibited place as the OLR seems to say? If it is prohibited, I can't find the statute saying that it is.
    You can have a loaded gun if you have a permit.

    As you'll note, the OLR report is a summary of gun laws so they don't get to detailed with every aspect they covered in this report. Some OLR's are informative and can lead a reader to the answer they are looking for but some are just plain wrong in their legal conclusions. I'd give them the benefit of a doubt on this one, given the broad nature of the legislature's request for a "summary" of gun laws.

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    Finally found the reference I was looking for:

    Sec. 29-38. Weapons in vehicles. Penalty. Exceptions. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28

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    Quote Originally Posted by Skinnedknuckles View Post
    Finally found the reference I was looking for:

    Sec. 29-38. Weapons in vehicles. Penalty. Exceptions. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28
    I have re-read this statue and its kinda messed up. The section is for exceptions. So it should list the exceptions, right (like all other exceptions regs and laws)...so, is it an exception to have it in the car w/o a permit? See? Its funny .. because the intent is pretty clear.

  8. #8
    Regular Member Rich B's Avatar
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    "May I transport handguns (loaded or unloaded) in my car without a permit to carry pistols and revolvers?"

    http://ctcarry.com/FAQ/Details/dc7cc...1-07fdd40c25bc

    "Am I required to disclose that I am carrying a firearm when a police officer pulls me over in a traffic stop?"

    http://ctcarry.com/FAQ/Details/f84f0...5-9b33aa28c913
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

    Join us and discuss the issues: http://ctcarry.com/Forum

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    Quote Originally Posted by Rich B View Post

    "Am I required to disclose that I am carrying a firearm when a police officer pulls me over in a traffic stop?"

    http://ctcarry.com/FAQ/Details/f84f0...5-9b33aa28c913
    I once had a treasury agent ask me if I had firearms (him and his partner came over to visit me 'cause I filed a civil suit against an IRS agent where I served him at his private residence & they wanted to know where I got his address) ... I answered him "you'll find out" ... the older agent laughed at the answer, the younger agent scowled .. I then refused to answer any more questions and booted them off my land.

    So, I don't tell any gov't official about my security devices. MYOB is my motto.

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