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open car carry

r6-rider

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Dec 17, 2007
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has anyone ever thought of mounting a shotgun rack (with a lock) in the passenger side of their car like the cops do?
 

r6-rider

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lol sorry i was a little vauge. what i meant was, i have a mossberg i would like to mount in my camaro. im assuming the requirements to that would be for the gun to be unloaded am i correct?

im just making sure its 100% legal to do this before i get my self in a situation with a LEO
 

ConditionThree

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Yes. The weapon would need to be unloaded and having a lockable rack will keep you in compliance with the federal gun free school zone restrictions.

I have contemplated having such a rack mounted in my truck, however it would make sense to obtain the shotgun first.
 

r6-rider

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so i would be allowed within a 1000 feet of a school campus? would the ammo have to be seperate from the gun (like say 5 rounds on the side saddle of the stock)

also, how would these laws apply to an emancipated minor?
 

r6-rider

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well i can only find a rack that goes in the trunk so im going to mount it there. my question is, does it have to be unloaded even if its locked in place in a locked trunk?
 

r6-rider

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I appreciate you taking the time to look those up for me but i have a camaro and none of those would work in it.

thanks for all the help
 

Decoligny

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r6-rider wrote:
how would these laws apply to an emancipated minor?
If you are an emancipated minor, IIRC you are only considered an adult in regards to not needing a legal guardian to make decisions about your life (where you live, where you work, what you pierce, who or if you marry).

If you are under 18 in regards to gun laws, IIRC you are considered a minor, I don't however have any cite to back that up.
 

CA_Libertarian

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awesomeness wrote:
ConditionThree wrote:
...Also for open carry is having shells in the side saddle legal?
Yes. Please refer to the court's definition of "loaded" in People v Clark:

The term "loaded" has a commonly understood meaning: "to put a load or charge in (a device or piece of equipment) a gun" or "to put a load on or in a carrier, device, or container; esp: to insert the charge or cartridge into the chamber of a firearm." (Webster's New Collegiate Dict. (1976) p. 674.) Under the commonly understood meaning of the term "loaded," a firearm is "loaded" when a shell or cartridge has been placed into a position from which it can be fired...
(In Clark's case the shells were in a buttstock storage compartment.) For purposes of 12031 you can attach your ammo to your gun in any way you want... as long as it is not in a way that makes the firearm readily able to fire that ammunition, such as by chambering a round or inserting a loaded magazine.
 

ConditionThree

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So this would actually comply with the school gun free act for a shotgun? Yes, this would put you in compliance with the federal gun free school zone law.

Also for open carry is having shells in the side saddle legal? Yes, previous answers in regards to case law makes carrying ammunition in this fashion a non crime.
 
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