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Thread: Carrying in the car

  1. #1
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    Hello- New Member here andfirst post. I saw a post on car carry but i did not get my answer.

    I have a CCW permit for the State of CT. I was told as long as the pistol isin my possession, meaning "on me" loaded or not this is OK. If is just on the seat loaded or not this is Illegal



    Usually I just go to the range but pistollockedand the ammolocked up spearate.



    So my question is, If Iwant to carry and as long as it is "On Me" is the legal in a car? Great site by the way.

    thanks



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    I'm curious as well having been told conflicting things regarding a gun in the car.
    Some people have told me if its not on my person its illegal, others have said as long as you have a permit and its your car you are fine. The cops I'v asked all said as long as I had a permit they wouldn't harass a person about it unless they were acting irresponsibly.

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    Basically on your person is legal with a permit but I wouldn't open carry it unless you want to be harassed and even possibly arrested. After you read this site for awhile you'll learn that open carry is NOT illegal in CT with a permit but cops don't like you knowing that so they will more then likely arrest you for breach of peace especially if a paranoid anti calls the cops on you, etc. And when not carrying on your person its best to have it locked up in the trunk (in a locked case of course) when traveling to/from the range, etc. just in case you get pulled over.

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    If you're in the car driving and in possession of a CT permit to carry pistols and revolvers you can have it on the seat or in a holster on your side (assuming you can be comfortable doing such).

    What use is a pistol locked in the trunk unloaded and separated from the things that make it go bang? It needs to be accessible to be useful. If you're going to the range, you can keep it in its case in the passenger compartment too. Why let it get cold in the trunk? think of the childrXXXX guns!

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    GoldCoaster wrote:
    If you're in the car driving and in possession of a CT permit to carry pistols and revolvers you can have it on the seat or in a holster on your side (assuming you can be comfortable doing such).

    What use is a pistol locked in the trunk unloaded and separated from the things that make it go bang? It needs to be accessible to be useful. If you're going to the range, you can keep it in its case in the passenger compartment too. Why let it get cold in the trunk? think of the childrXXXX guns!
    I agree, I was pretty surprised when a guy I respect tried to tell me its ONLY legal as long as its on my person. Reading the laws gives me a headache but I couldn't find anything I thought said it had to be on my body.

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    Nope, it only has to be in your direct control. But ill give you a scenario that was given to me when i took my pistol certification.

    Lets say you have on your front seat, or in the cup holder or something like that and your driving and you get into an accident, and the ambulance and cops have to come. Because that gun could have flown to whereever in the car during the accident, the second the cops find the gun you are then in violation of a weapons in cars law, sucks doesn't it?

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    Anyone who tells you "direct control" or anything like that in my opinion is full of it. Massachusettes has that law but this is not Massachusettes.I don't see anything in CT law regarding how i can carry in my car..Concealed, open, glove compartment, center console..seat...It says NOWHERE that you must keep the gun on you..read the statute..



    Sec. 29-38. Weapons in vehicles. (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 or any machine gun which has not been registered as required by section 53-202, shall be fined not more than one thousand dollars or imprisoned not more than five years or both, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word "weapon", as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or over in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument.

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    If you have a pistol permit in CT, you can carry it in the vehicle however you want.

    It can be on your person, it can be in the glovebox, it can be under the seat.

    There is nothing in the law that specifies anything about how you can carry a handgun. There is a lot of mis-information on this.

    A guy who took a pistol permit class from me told me recently that he was stopped for a minor traffic infraction. When he opened his wallet the trooper saw his pistol permit. The trooper asked if he had any weapons, he answered yet.

    The trooper proceeded to get in his face and tell my student that it was illegal to carry in the car even with a pistol permit.

    WRONG

    The question in my mind is: Is the cop ignorant or is he trying to bully people out of lawfully carrying a firearm. My gut goes with the second choice.

    Either way. To anyone new at this. RULE NUMBER ONE - do not believe a police officer's interpretation of the law. EVER. If you want to get an interpretation, give the Attorney General's office a call in hartford. Then get the guy you speak with's name.

    I've spoken with Steve Samoski who works for Blumenthal. Samoski is a good guy and answered my questions in a straightforward way. When I spoke with him this summer he was heading off for a tour in Iraq with the guard, so you may need to speak with whoever is taking his place.

    Don
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    The Attorney in the AG's office is Steve Sarnoski andalthough I have neverspoken to him,Iunderstand he is a straight shooter when it comes to answers.


    EVERY FIREARM OWNER OR PERMIT HOLDERNEEDS TO JOIN THE CONNECTICUT CITIZEN'S DEFENSE LEAGUE, (CCDL),ATTEND THEIR MEETINGS AND RECEIVE THE MEMBERSHIP EMAILS WHICH WILL OFTEN CONTAIN VALUABLE INFORMATION AS IT BECOMES AVAILABLE.

    This entire string is full of outrageous B.S. comments.

    The one thing that really upsets me is people saying that their instructor told them this or that when it's flat out wrong.

    Connecticut Instructors must be recognized by the Commissioner of Public Safety and in most cases the NRA.

    It is unfortunate for everyone that some police officers and most instructors DON'T KNOW THE LAW.

    If you are in possession of a VALID PERMIT TO CARRY, (it's not a CCW in CT.), you can carry your pistol or revolver in any manner you choose so long as you don't flaunt it in a reckless or threatening manner.


    How anyone can obtain and possess a 'PERMIT TO CARRY PISTOLS AND REVOLVERS" in the state of Connecticut and then refer to it as a CCW only shows that the individual has NOT been properly trained.

    FOR GOD'S SAKE, TAKE IT OUT OF YOU WALLET AND READ THE DAMN PERMIT!!!

    It is my understanding thattheir has NOT been an arrest for Breach of Peace or DisorderlyConduct under these circumstances since the Goldberg arrest byGlastonbury P.D. on June 21, 2007.

    YES, YOU DO SOMETHING STUPID OR THREATENING AND YOU'RE GOING TO GET PINCHED SO JUST GO ABOUT YOUR BUSINESS AND ACT PROFESSIONAL.

    If ANYONE tries to tell you something is illegal, have them cite you the law chapter and verse!! And then do your homework and find out the real deal.

    FOR THE RECORD, YOU THINK CONNECIICUT IS SCREWED UP, GO OVER THE THE CALIFORNIA AREA AND READ WHAT THEY HAVE TO DEAL WITH.

    Ed Peruta, currently in San Diego!!!

    Check this out http://ctgunrights.com/00.Webpages/C...to.Dismiss.htm

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    Ed,
    Thanks for straightening out the name for me. I must have written it down wrong.

    Re the law, I couldn't agree more. One thing that you allude to is the fact that NRA pistol instructors do not receive any training in what is legal in any given state.

    Its up to the instructor to educate himself. Many don't bother or rely on internet boards for their information.

    I chose to get the statutes out and read them. They are bookmarked on my computer so if a discussion like this comes up I can look at the law before I stick my foot in my mouth.

    Where the law is ambiguous or seems to make a circular reference I consult an attorney. I call Mr. Sarnoski because I already pay his salary. (thanks again Ed for the correction)

    Ed, I'm hoping you aren't refering to me with the all caps. I get a bit excited when I read misinformation. Especially when it comes to people limiting the excercise of their rights because of mis-information. Doubly especially when that misinformation comes from a LEO.

    Don
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    To DCMDON,

    I'm not referring to you or any specific individuals. This message board has countless people who are uninformed whoattempt to pass along what they THINK is the law.

    I've been guilty of the same thing.

    Up until 2007 and my involvement in the James Goldberg arrest and law suit, I myself thought permit holders in Connecticut had to conceal their pistols and revolvers while carrying same in public with a valid permits.

    Since the Internet became available as a tool to conduct research and search for specific answers, it has become evident that people are starving for information.

    I have witnessedpositive changes at the Board ofFirearms Permit Examiners along with attitudes and opinions ofmanysworn members oflaw enforcement as a direct result of the information posted on this andothermessage boards and websites.

    I have also seen the same type people rely on and quote incorrect informationwhich happened to be posted on government websites.

    Collectively we have the ability toproperly explainfirearm laws to a vast number of people, but we should be getting assistance from those who claim to do it already.

    Icontacted the NRA and suggested that their instructors teach STATE SPECIFICcourses and it fell on deaf ears.



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    Ed,
    I am guilty of the same ignorance. Thankfully passed. Before the Goldberg arrest I had never thought much about the legal requirement to conceal.

    When I took the class to get my pistol permit back in 1990, I specifically remember the instructor emphasizing the need to conceal. I remember his example, if you stretch or reach for something at a store and flash the handgun, you could be arrested for breach of peace. Then your permit will be revoked, even if the breach of peace charges are eventually dropped.

    One other thing. I specifically remember an NRA rep telling me that I had to conceal in CT in the mid '90s at a hunting and fishing show I attended in Hartford.

    Ignorance is curable - Thankfully.

    Don
    p.s. It is also a pet peeve of mine when people refer to a CT pistol permit as a CCW permit.


    MCS Precision - Training, Sales, Transfers, Estate Purchases

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    "If youhave a gun in your cup holder and get in a car crash and the gun is thrown around the inside of the car you will be arrested... blah blah blah." Where do theseBS stories come from?!?!?!? Why would someone take it upon themselves to make up a stupid senario totally based in fiction to lie to people? What purpose does it serve? He is an instructor? Of what? Fictional storytelling? Does he think this makes him look more educated or more of an "expert?"

    Ask him, ifyou had it in an ankle holster and your leg was cut offin the same accident would you go to jail?

    What about if your head is decapitated? Would the gun have to be with your head or yourbody? Oh yeah, it probably wouldn't much matter at that point. Thepoint is how stupid some of the BS thrown around is.

    I am with others here, I am getting worn down from reading so many half cocked opinions and partial truths. Does everyone really feel the need to prove they have some knowlege at the expense of distributing false and innaccurate info?



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    Amen

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    Holy Christ, I just asked aquestion. I do appreciate the responses but going around and aroundlike this is makingme think twice about posting again.

    If I knew this board was like this I would not have posted in the first place.
    It is a discussion forum not a yelling one.

    CAP'S mean you are yelling.


    To all and Ed for God sakes Take it easy.


    Be safeand double your pistols.

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    It's not you, it's the problem of people not being trained properly.

    I'm glad your here and asking questions, but some of these stories are off the wall.

    From the first week of my involvement with firearms issues in Connecticut, I've been stonewalled by certain public officials and NRA Instructors who teach what they think rather than what the law says.

    I know I went overboard, I was just venting.



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    If I put a holster on my dogs vest and let him carry a pistol would that be ok?

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    JUMPMASTER wrote:
    If I put a holster on my dogs vest and let him carry a pistol would that be ok?
    Is he over 21?

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    Leverdude wrote:
    JUMPMASTER wrote:
    If I put a holster on my dogs vest and let him carry a pistol would that be ok?
    Is he over 21?
    In people years or dog years?
    States donít have rights. People do.

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    Just for the record, the scenario i posted was what i was taught by my NRA instructor when i took my pistol permit class, he also was a cop for 5 years. But to everyone, you are right, the weapons in vehicle law does specifically define the fact of if a permit was or was not issued. I think the direct control thing comes into play tostop people who do not have permits from gaining access to it. I sort of relate it to the way that guy who left his gun at a barborhop, he got arressted for some BS charge.

    It may not be against the law, but that doesn't mean the cop wont arrest your for something and try to make it stick, just like in the Goldberg case. It is not against the law to openly carry, but most cops will arrest you for breach of peace. And to ED, you said this is the first charge you have found, that is probably because everyone else is as mis-informed as i am about certain laws and theyneveropenly carried.I admit i was wrong but once again it is what i was taught by the instructor, so there is NO NEED for yelling or getting rude and nasty, it's uncalled for and ridiculous.



    Nick

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    NickNT,

    I'm not mad and had no intention of comming down on a person who has not been given correct informaiton.

    And for the record, I didn't say Goldberg was the first case charge I found, I said that it was the last time I am aware of that an indiviudal was arrested or had their permit revoked for Carrying Openly while in possession of a vaild permt. I AM aware of one or two cases where open carry was done in a manner that went beyond reasonable.

    Just keep reading and learn as much as you can.

    Ed Peruta

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    First,

    Immediately go to DPS and apply for a State Eligibility Certificate.

    Breach of Peace arrests and/or convictions are NOT disqualifying eventsfor the Certificate.

    Before your permit can be revoked, the Special License and Firearms Unit is required toconduct an investigation of the incident to determine if your actions make you an unsuitable person to possess a Permit to Carry.

    Faced with any form of threat, I personally don't believe that exposing a weapon would meet the intent of Breach of Peace. Even if your actions started the encounter, the other operator should have remained calm and NOT engaged you any further.

    I would find, make contact with, and speak to, a criminal defenseattorney and discuss the facts and ramifications of the arrest.

    Iffor any reasonthe charges are disposed of by a nolle or dismissal, make sure you have the Judgeorder ALL records of the arrest expunged, erased and/sealed including any administrative records that may have been generated by the incident.

    I understand you received a summons, this is permitted for Breach of Peace, but what were the charges lodged against the other operator?


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    So what I'm gathering is that you were the victim of someone trying to swerve at you and thinking that perhaps an accident was imminent you moved your pistol from the unsecured glove box to the center console in the hopes that if there was a collision that the firearm would be under your physical control and not go flying around the passenger compartment or worse still be ejected from the vehicle where someone may find it.

    I agree with Ed (as usual) get hold of competent counsel, delete your original posting (this board gets monitored by DPS and locals too I bet) and good luck to you!

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    Thanks Ed, very good words of advice. I unfortunately do not know the charges he got, possibly reckless driving or endangerment? Can I request this? I will follow up with the DPS tomorrow as you have stated.

    I am just completely blown back by this.

    Thanks again for the quick response.

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