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Thread: Transporting Pistol

  1. #1
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    Transporting Pistol

    I have two questions when transporting a pistol:

    1. If there is a passenger in the car and I have my loaded pistol on me, is it legal? Or must I have it lock so it will not be readily or directly accessible from passenger? I think it's fine, but just want to know your opinions. (Sec. 29-35, line 6 from bottom)
    2. Is it legal to have loaded magazine in the same container with the gun?



    Sec. 29-35
    http://www.ct.gov/dps/lib/dps/specia...guide_2010.pdf

    Thank you for your input

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    You need to have your permit to transport. With your permit the pistol can be loaded and there is no need to lock it up. Is it a good idea? I would think so. Is it nexessary? No.

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    Do you have a CT permit to carry pistols and revolvers? If YES then carry however you like, loaded or not. As long as you carry safely. Is that someone else in the car a felon? If yes and you leave the pistol in the console between you where he has easy access to it and he grabs it and goes on a shooting spree then I'd be inclined to think you're going to get in trouble.

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    Quote Originally Posted by smokeyburnout View Post
    You need to have your permit to transport..
    I transport (have no carry license) to gun range for regular training. Locked, unloaded, in my small vault w/ammo in different vault.

    If you wish to carry & have a license then no need for another party to have a similar license. Its not available to the other person w/o clunking you on the head & taking it away.

  5. #5
    Regular Member brk913's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I transport (have no carry license) to gun range for regular training. Locked, unloaded, in my small vault w/ammo in different vault.

    If you wish to carry & have a license then no need for another party to have a similar license. Its not available to the other person w/o clunking you on the head & taking it away.
    If you are doing this in CT and are a resident of CT you are breaking the law. If you are relying on this line from 29-35 to justify your transport under the Exception for not having a proper permit isssued pursuant to 29-28 make sure you read the end closely, "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,"

    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.

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    to brk913

    29-35

    .....
    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....

    What I do is perfectly OK un CT law...and after the Chicago v. McDonald case and other follow-up cases ... its a slam dunk that what I am doing is OK under the 2nd amendment. You do not need a permit to purchase.

    brk913 is mistaken...but it is a common mistake to make...
    Last edited by davidmcbeth; 01-15-2012 at 08:57 PM.

  7. #7
    Regular Member brk913's Avatar
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    I am not wrong, you do in fact need a permit to purchase in CT (at least you have since 1996) if you don't have a permit it's called an eligibility certificate, let me show you the statute without the mumbo jumbo that clouds this:

    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 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,

    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.

    Notice in what I made the second paragraph it states it is ok to transport only if the 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," this means no CT permit and a resident of CT you cannot transport in CT.

    The final sentence, "Nothing in this section shall be construed to prohibit the carrying of a pistol or revolver during formal pistol or revolver training or repair." Refers to the possession of the gun if you are training or repairing the gun, for example if I took you to the range and let you use my gun, it is legal for you to possess it at that time.

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    If you'll note the phrases are separated by the word "OR" .. so each phrase in the section is its own exception. You are focusing on a phrase that was written to allow other states' permit holders to travel with their firearms.

    I have already spoken to my local DA's office regarding this section.

    The permit application of CT is to burdensome and costly. If you can purchase a weapon without a permit (and you can) then you cannot demand a permit to become and remain proficient in the use of the firearm. Recent SCOTUS rulings have affirmed this viewpoint.

    The main confusion that I have run into from LEOs is the "formal pistol training".. but this term is re-defined for use in this specific section.

    I have never had an issue.

  9. #9
    Regular Member brk913's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    If you'll note the phrases are separated by the word "OR" .. so each phrase in the section is its own exception. You are focusing on a phrase that was written to allow other states' permit holders to travel with their firearms.
    You are correct, I am focusing on the phrase for non residents, as are you as that is the only phrase that speaks of formal training:

    "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,"


    Quote Originally Posted by davidmcbeth View Post
    I have already spoken to my local DA's office regarding this section.
    You may want to consult with a criminal defense attorney for clarification.

    Quote Originally Posted by davidmcbeth View Post
    The permit application of CT is to burdensome and costly. If you can purchase a weapon without a permit (and you can) then you cannot demand a permit to become and remain proficient in the use of the firearm..
    Again, you DO NEED a permit to purchase in CT,

    Sec. 29-33. Sale, delivery or transfer of pistols and revolvers. Procedure. Penalty. (a) No person, firm or corporation shall sell, deliver or otherwise transfer any pistol or revolver to any person who is prohibited from possessing a pistol or revolver as provided in section 53a-217c.

    (b) On and after October 1, 1995, no person may purchase or receive any pistol or revolver unless such person holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or is a federal marshal, parole officer or peace officer.

    Quote Originally Posted by davidmcbeth View Post
    Recent SCOTUS rulings have affirmed this viewpoint.
    CITE Please...


    Quote Originally Posted by davidmcbeth View Post
    I have never had an issue.
    Yet....

  10. #10
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    Quote Originally Posted by brk913 View Post
    (b) On and after October 1, 1995, no person may purchase or receive any pistol or revolver unless such person holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or is a federal marshal, parole officer or peace officer.
    Immaterial to the context of the argument, but it is true that you do not need a permit to purchase a pistol in this state.

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    Quote Originally Posted by Rich B View Post
    Immaterial to the context of the argument, but it is true that you do not need a permit to purchase a pistol in this state.
    Yes, but at the same time (as I recall) you can't transfer without a permit or eligibility certificate number.

    I ran into this with my mother before she got her permit. She was not prohibited, so I let her "borrow" it in her home until she had her permit for a full transfer.

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

  12. #12
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    Quote Originally Posted by Rich B View Post
    Immaterial to the context of the argument, but it is true that you do not need a permit to purchase a pistol in this state.
    For purposes of this discussion the eligibility certificate is a "permit to purchase", as that is what it really is. Without that or a carry permit you cannot purchase a handgun in CT (LEO and Peace Officers excluded) and you absolutely cannot transport a pistol with only an eligiblity certificate unless one of the exceptions listed in statute applies to you. Pre 1995 you could buy a handgun in CT with a 2 week wait, back then you could legally transport to the range or anywhere else for that matter as long as it was unloaded and "secured". This all changed in 1995 and now any CT resident who wishes to transport a pistol (outside the exceptions listed in statute) must possess a permit to carry.
    Last edited by brk913; 01-18-2012 at 12:39 PM.

  13. #13
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    Quote Originally Posted by brk913 View Post
    For purposes of this discussion the eligibility certificate is a "permit to purchase", as that is what it really is. Without that or a carry permit you cannot purchase a handgun in CT (LEO and Peace Officers excluded)
    Fair enough. That was the reason for my disclaimer. Just pointing out that pedantically, saying that a pistol permit is required for everyone is not true.

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    Quote Originally Posted by brk9131685681
    For purposes of this discussion the eligibility certificate is a "permit to purchase", as that is what it really is. Without that or a carry permit you cannot purchase a handgun in CT (LEO and Peace Officers excluded) .
    Don't forget FFLs too. gf

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