BFDMikeCT
Regular Member
Thanks.
Why would your state law affect our state law?
What is a LAC?
I tend to agree that there is a potential legal challenge to the statute, but now read the jury instructions:
http://www.jud.ct.gov/ji/criminal/part8/8.2-10.htm
not really sure, I actually don't even know if we currently have any type of law in regards to storage of a firearm in a vehicle. I actually just posted something rather long in the thread about the CPTV/NPR live panel discussion.
with my above post about leaving myself unarmed, I was on my motorcycle that day, so yeah... no possible way to leave it in my "vehicle"
^yes, I know that law. I was referring to a gun being in a vehicle for any amount of time where nobody is in the vehicle. I am not aware of any such law deeming that illegal in any way, or any law specifying how it must be done if it does need to be done.
Sec. 29-37i. (Formerly Sec. 29-37c). Responsibilities re storage of loaded firearms with respect to minors. No person shall store or keep any loaded firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person (1) keeps the firearm in a securely locked box or other container or in a location which a reasonable person would believe to be secure or (2) carries the firearm on his person or within such close proximity thereto that he can readily retrieve and use it as if he carried it on his person. For the purposes of this section, "minor" means any person under the age of sixteen years.
Sec. 53a-217a. Criminally negligent storage of a firearm: Class D felony. (a) A person is guilty of criminally negligent storage of a firearm when he violates the provisions of section 29-37i and a minor obtains the firearm and causes the injury or death of himself or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years.
(b) The provisions of this section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.
(c) Criminally negligent storage of a firearm is a class D felony.
Nor does it say that your pistol permit is adequate.
I was under the impression it was law abiding citizen. They are one in the same, no?
It is interesting that the jury instruction states you must "knowingly". .
1. person for use in a program approved by school officials that is on school property or at a school-sponsored activity (e.g. fire-arm safety program);
2. person in accordance with an agreement between the person or person's employer and the school district (e.g. security guard);
3. peace officer while engaged in the performance of his official duties; and
4. person while traversing school premises for the purpose of gaining access to public or private lands open to hunting or other lawful purposes, if the entry is authorized by the board of education and the weapon is unloaded (CGS § 53a-217b).
When this law was originally enacted in 1992, there was an additional exception for the lawful possession of a firearm by a person holding a valid state or local permit. However, this exception was eliminated in 1998
I'll look into this again but I seem to remember that in general you could store your firearm in your vehicle as long as it was secured. There was a stipulation to it though that a property owner could prevent you from being allowed to store a firearm in your vehicle if the lot you parked in was fenced and secured. I looked it up because of where I work. I am forbidden to have firearms anywhere on the property even in my vehicle; however we have armed security and restricted access to the factory. I'll see if I can find the statute I was reading.
But in what I read it says licensed to do so and we( permit holders) are licensed to carry. Again it doesn't say that our permit is not adequate just as it doesn't say that you can open carry. However we know that because it doesn't say we can't open carry that we are allowed. There for IMHO it doesn't say our license is not a valid license for school zones so it should be.
How do we get a definitive answer on it? A lawyer?
All you have to do is look at the history of the statute to understand the intent, at one time (prior to 1998) individuals who held CT Pistol Permits were allowed on school grounds as they were exempted just like a peace officer is today. They removed that specific wording and exemption in 1998.