how to deal with a pistol in your trunk and getting pulled over?

imported post

Mike wrote:

Even if most vehicles have such access, they would be beyond arms's reach or wingspan of the driver or front seat passengers; further, these doors can usually be locked - in any event, you raise a narrow fact based inquiry. And remember, federal immunity from state law is only relevant if you need to raise a defense to violating state law.

Click to expand...

Having that area locked would render the firearm inaccessible,imho.

As do you, your assuming the trunk access is, can orwould be locked and that there are no passengers that could retrieve the firearm.



I'd rather see the OP error on the side of caution then get arrested for carrying concealed.
Not everyone wants or can afford to be the test case.

We will have to agree to disagree nothing you posted has convinced me other wise.

imported post

Agent19 wrote:

Mike wrote:

Even if most vehicles have such access, they would be beyond arms's reach or wingspan of the driver or front seat passengers; further, these doors can usually be locked - in any event, you raise a narrow fact based inquiry. And remember, federal immunity from state law is only relevant if you need to raise a defense to violating state law.

Click to expand...

Having that area locked would render the firearm inaccessible,imho.

As do you, your assuming the trunk access is, can orwould be locked and that there are no passengers that could retrieve the firearm.


I'd rather see the OP error on the side of caution then get arrested for carrying concealed.
Not everyone wants or can afford to be the test case.

We will have to agree to disagree nothing you posted has convinced me other wise.

Click to expand...

again, you raise fact not in play - trunk access from the back seat is rare in vehicles, certainly more rare than common, and I have never heard of any case, nor did you cite to one, where the wingspan rule was extended to include sticking your arm through an access panel into a trunk.

And, also again, "inaccessible" is not the rule of construction for 18.2-308.

imported post

NavyLT wrote:

The Federal immunity ONLY applies during transportation of a firearm THROUGH a state while engaged in INTERSTATE movement. The Federal immunity does not apply during movement within a single state, and - to the best of my knowledge - does not apply in the states of origin or destination of that travel.

Click to expand...

There are very few states at all where you need this immunity - NY and PA (if you do not have that state's CHP) come to mind, or when transporting certain scary looking rifles in MA and a few other states.

But you are not necessarily correct that "The Federal immunity ONLY applies during transportation of a firearm THROUGH a state while engaged in INTERSTATE movement" - the text of the statute is what counts, not the caption next to the section number, and that text does not limit applicability to persons on an interstate journey. While some case may rule this way some day, reading the statute narrowly under the doctrine of constituional avoidance to avoid striking down the entire statute as an eneactment in excess of Congress power under the commerce clause, commerce clause doctrine allows Congres to regulate use of the "instrumentalities" (e.g., roads, RRs, canals, etc.) of interstate commerce, not just interstate movement per se.

imported post

"Not inside the car, no." would be an accurate statement, I think. I wouldn't volunteer any information beyond that. The firearm would not be considered in your "possession" under the Virginia concealed weapons law, since you are unable to "exercise immediate dominion and control over it", so it's not a crime to have it locked in the trunk. That's assuming you're eligible to be in possession of it generally, since for the purposes of those statutes forbidding certain classes of people from being in possession of firearms, "possession" means something different. You're in possession of the automobile, and the gun is in the automobile.

imported post

Stay out of Maryland with loaded magazines.

imported post

NavyLT wrote:

So, according to this interpretation, a NY state resident with a NY state handgun permit could transport their handgun through New York City, if they were just traveling within the state of New York, complied with FOPA, and never left the interstate in New York City and have legal protection when the New York City police stops them for some reason, even without the New York City permit or any of the notifications of handgun transportation that New York City requires.

Click to expand...

That's what the text arguably does - but are you sure that NYC makes it unlawful to transport an unloaded pistol thru NYC in the trunk? Not even DC makes this unlawful.

imported post

lax wrote:

Stay out of Maryland.

Click to expand...

if at all possible.



FIFY

imported post

riverrat10k wrote:

lax wrote:

Stay out of Maryland.

Click to expand...

if at all  possible.

 

FIFY

Click to expand...

+1

I try to avoid even doing business with anyone in Md.