Landrieu voted to criminalize having a loaded gun in your car glove compartment

[Hildus Magnus]

Did anyone else notice this?

http://www.breitbart.com/Big-Govern...-Spreading-About-The-Machin-Toomey-Compromise

"With these restrictions in mind, Manchin's third claim that the bill actually "expands the 2nd Amendment" is patently ridiculous. However, if more evidence is needed, just consider the fact that Section 128 of the bill sets forth rules on how to transport guns and ammo. This includes making sure the firearm is unloaded, secured, and not directly accessible in the passenger compartment.

Such rules may sound good on paper, until it's your car that's being carjacked while your Smith & Wesson .38 Special is locked in the trunk, defeating the entire purpose of carrying the weapon in the first place."

Landrieu voted for this bill the other week.

 

[jguilletjr]

Did anyone else notice this?

http://www.breitbart.com/Big-Govern...-Spreading-About-The-Machin-Toomey-Compromise

"With these restrictions in mind, Manchin's third claim that the bill actually "expands the 2nd Amendment" is patently ridiculous. However, if more evidence is needed, just consider the fact that Section 128 of the bill sets forth rules on how to transport guns and ammo. This includes making sure the firearm is unloaded, secured, and not directly accessible in the passenger compartment.

Such rules may sound good on paper, until it's your car that's being carjacked while your Smith & Wesson .38 Special is locked in the trunk, defeating the entire purpose of carrying the weapon in the first place."

Landrieu voted for this bill the other week.

It shouldn't be a crime. But it defeats the pupose. Its too far away to grab in a hurry.

 

[JNieman]

Well from their side, I'm assuming what they did was try to further cement and expand on the CURRENT law of interstate firearm possession/transport law. Right now, there is Federal law saying you have to allow people to travel with their firearms with the maximum restriction being that the ammo is separate from the guns, and the guns aren't accessible by the driver, basically. I might be a little off on the details.

All they did is expand the definitions of interstate travel to include travel that is decidedly intrastate conditions. So they /did/ actually expand protections on the Federal level. Nothing is saying you have to travel in such a manner.

This is to keep States from passing laws that /further/ restrict on that condition. That law is already on the books in one form. It doesn't forbid transporting arms openly, or even when loaded and sitting on the seat next to you. They are simply making a law that says you are ALLOWED to do what they describe as a bare-minimum. They leave it up to the States to go further on freedoms, but no further on restrictions.

Reference:
http://www.law.cornell.edu/uscode/text/18/926A
http://www.nraila.org/gun-laws/articles/2010/guide-to-the-interstate-transportation.aspx

 

[jms]

Obama and his cronies like Landrieu will not give up until they are out of office .

 

[Skiney]

Pooh Yaah

Obama and his cronies like Landrieu will not give up until they are out of office .

Both will be retired before to long:}

 

[Hildus Magnus]

I'm sorry, but what are you talking about? Look at the text. This overrides state law, which is obvious anyway because of supremacy.

"during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle"

It says from place to place. That is not from state to state. Any first year law student understands that means that, in general, you could be criminally penalized if you have a loaded gun in the front of your car.

Well from their side, I'm assuming what they did was try to further cement and expand on the CURRENT law of interstate firearm possession/transport law. Right now, there is Federal law saying you have to allow people to travel with their firearms with the maximum restriction being that the ammo is separate from the guns, and the guns aren't accessible by the driver, basically. I might be a little off on the details.

All they did is expand the definitions of interstate travel to include travel that is decidedly intrastate conditions. So they /did/ actually expand protections on the Federal level. Nothing is saying you have to travel in such a manner.

This is to keep States from passing laws that /further/ restrict on that condition. That law is already on the books in one form. It doesn't forbid transporting arms openly, or even when loaded and sitting on the seat next to you. They are simply making a law that says you are ALLOWED to do what they describe as a bare-minimum. They leave it up to the States to go further on freedoms, but no further on restrictions.

Reference:
http://www.law.cornell.edu/uscode/text/18/926A
http://www.nraila.org/gun-laws/articles/2010/guide-to-the-interstate-transportation.aspx

 

[gwpercle]

When Mary L. comes up for re-election I know who ( whom ) I will NOT be voting for. Let all of us remember just where she stands on gun control...they say whatever they want but thier vote shows true colors.

Gary

 

[JNieman]

I'm sorry, but what are you talking about? Look at the text. This overrides state law, which is obvious anyway because of supremacy.

"during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle"

Read it again. I doesn't say it's illegal to have a gun in the car outside the glove box. It says it's legal /to/ have it in the glove box. Huge difference. You're legal to do anything not made illegal. All this does is make something legal on a Federal level. It didn't make the safe passage of firearms in any other manner ILlegal - the States can do that if they choose, or not choose.

Are you aware of the current FOPA and it's current regulations?

I'm not saying it's a good bill. I'm just saying that people are getting their jimmies rustled over nothing. People are just taking one bit, out of context, and filling in the blanks with ignorant assumptions.

Section 128, in it's entirety:

SEC. 128. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.-Section 926A of title 18, United States Code, is amended to read as follows:
"926A. Interstate transportation of firearms or ammunition
"(a) Definition.-In this section, the term ‘transport'-
"(1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport; and
"(2) does not include transportation-
"(A) with the intent to commit a crime punishable by imprisonment for a term exceeding 1 year that involves a firearm; or
"(B) with knowledge, or reasonable cause to believe, that a crime described in subparagraph (A) is to be committed in the course of, or arising from, the transportation.
"(b) Authorization.-Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to-
"(1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation-
"(A) the firearm is unloaded; and
"(B)(i) if the transportation is by motor vehicle-
"(I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or
"(II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is-
"(aa) in a locked container other than the glove compartment or console; or
"(bb) secured by a secure gun storage or safety device; or
"(ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and
"(2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation-
"(A) the ammunition is not loaded into a firearm; and
"(B)(i) if the transportation is by motor vehicle-
"(I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or
"(II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or
"(ii) if the transportation is by other means, the ammunition is in a locked container.
"(c) Limitation on Arrest Authority.-A person who is transporting a firearm or ammunition may not be-
"(1) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause that the transportation is not in accordance with subsection (b); or
"(2) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b).".
(b) Technical and Conforming Amendment.-The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following:
"926A. Interstate transportation of firearms or ammunition.".

It says "Even if State law forbids this, it shall be legal to transport a firearm in the following manner." It does NOT in anyway say it's ONLY legal to transport a firearm in THAT WAY. That's just the only manner that is legal EVEN IF THE STATE OUTLAWS IT. There is nothing preventing State's from allowing more firearm freedom. At all. I see no restrictions in Section 128, other than a restriction on a State to ban safe transport.... WHICH WE'VE ALREADY HAD.

This changes nothing much in regards to transporting firearms other than slightly redefining what qualifies as FOPA-protected travel is.

It says from place to place. That is not from state to state. Any first year law student understands that means that, in general, you could be criminally penalized if you have a loaded gun in the front of your car.

Are you a first year law student?

 

[themcfarland]

Il, has a similar law forbidding transport unless unloaded, locked, and unavailable to persons in the vehicle.. It has sent many folks to prison during hunting season.

 

[JNieman]

Il, has a similar law forbidding transport unless unloaded, locked, and unavailable to persons in the vehicle.. It has sent many folks to prison during hunting season.

Ohio has problems with that too, but I think it was either recently revised, or is about to be.

I was scheduled to take a carbine and pistol class up near Columbus, a while back, before switching to a local instructor. They had an information packet on safe transportation. Their personal suggestion was to just buddy up with someone else who's driving, put all the ammo in one car, and all the unloaded guns in another, and just retrieve your stuff at the range, from the associated car.

It's ridiculous. But those States (At least Illinois) wouldn't let you travel with guns at all if they had their way. The FOPA is that keeps them from letting people pass through their State with guns at all. I like that the Manchin Toomey bill added a lot of clarifications to it, here:

"(a) Definition.-In this section, the term ‘transport'-
"(1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport; and

Which would have saved some of those people who get caught in flight layovers and flight delays, who have to pick up their firearms from checked baggage and stay in a hotel overnight until their next flight.

But overall the bill was ********. But Section 128 woul do nothing more than help firearm owners, imo. I wouldn't mind seeing Section 128 in a standalone FOPA revision.

 

[drpc]

Il, has a similar law forbidding transport unless unloaded, locked, and unavailable to persons in the vehicle.. It has sent many folks to prison during hunting season.

You don't have to go that far to find a state with that law. Try Alabama. Unless you have a CCP your handgun has to be unloaded and in a different compartment than the ammo. I spoke to someone whose brother in law, who didn ot have a CCP, way arrested when a traffic cop spotted a handgun in the map pocket of the drivers side door.

 

[Jack]

You don't have to go that far to find a state with that law. Try Alabama. Unless you have a CCP your handgun has to be unloaded and in a different compartment than the ammo. I spoke to someone whose brother in law, who didn ot have a CCP, way arrested when a traffic cop spotted a handgun in the map pocket of the drivers side door.

You have a link to the statute on that one? I'm just leery of some guy's brother in law info.

 

[GunAddict]

You have a link to the statute on that one? I'm just leery of some guy's brother in law info.

Jack, it is true, you best have a recognized ccp to carry a handgun in the vehicle with you loaded. Now I don't remember where I read or was told but, was informed that with the ccp the gun must be on your person and not in a console, sidepocket, or glove box etc. I was passing through Alabama every other week years ago while working in Ga. and this was before they even recognized La. permit, neither did Ga. at that time. Here are a couple of links to the laws. Rifle and shotgun laws are different, only handgun ammo and gun separately locked without permit.
You must have a Permit/License to carry a loaded handgun in any vehicle.
A person may lawfully transport a firearm, including a handgun, from one state in which they are legal to
possess to another state without a permit as required under Alabama law, provided the following conditions
are met:
 The firearm is unloaded.
 Neither the firearm nor any ammunition being transported is readily accessible or is directly
accessible from the passenger compartment of such transporting vehicle.
 In case of a vehicle without a compartment separate from the driver's compartment, the firearm and
ammunition shall be in a locked container other than the glove box or console.
Title 18 U.S.C. section 926A


http://www.handgunlaw.us/states/alabama.pdf

http://ago.alabama.gov/Page-Gun-Reprocity-Law

 

[Jack]

Thanks, I wasn't trying to discredit the guy, I just like to see it first hand rather than just believe it. Thank you again.

 

[gwpercle]

The way politicans write these things insures the common citizen has no idea what they mean, who or how they will affect us. I'm not a college graduate with a degree in political science, a lawyer or a politican, just an honest, hard working person, so just how am I supposed to figure out what all that political double speak actually translates into ?

I don't care what you say...I'm not voting for Mary L. next election.

 

[GunRelated]

Guess I should consider myself lucky when nothing happened after an Alabama officer spotted my handgun in my glove box when I reached for my paper work. Maybe he didn't say anything because I had the family with me.