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Old May 22, 2017, 12:32 PM   #1
Bluecthomas
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No locked storage in vehicle

I've read somewhere that transporting guns and ammo here in Nevada you are supposed to have them in separate areas, with ammo locked into a compartment other than glove box.

I've got a 2 door truck. No trunk and no locking compartment other than glove box.

When I head to range with cased rifle behind the seat and a range bag of targets and ammo on passenger floor, what's my legal status?
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Old May 22, 2017, 12:42 PM   #2
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I've read somewhere....
IF the "somewhere" wasn't the actual law itself, then you don't really know...

States laws vary widely, both in requirements, and in definitions.

Lots of people (including police) THINK they know what the law is. Often they are right. Sometimes, they are not.

Read it yourself, or get a paid legal opinion from a lawyer. Everything else is hearsay. Might be well meant, might be correct, might not.

One state considers a gun loaded only if there is ammunition IN the gun. Another state considers it loaded if the gun and ammo are "accessible" from the passenger compartment (even if they are in separate locked containers).

Some states allow loaded handguns in a vehicle but not "loaded" (however they define it) long guns. Literally, every variation possible exists somewhere.
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Old May 22, 2017, 12:50 PM   #3
g.willikers
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These days it's easy to find the low down.
Find the actual law pertaining to the situation; there's plenty of online sources.
Print it out and carry it with you to show to anyone who challenges it.
And don't take anyone's word for it.
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Old May 22, 2017, 12:53 PM   #4
g.willikers
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When I drove a pickup, I bolted a lockable box to the floor, behind the seat when transporting firearms.
Kept things legal and safe.
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Old May 22, 2017, 01:03 PM   #5
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Print it out and carry it with you to show to anyone who challenges it.
This is a very good idea, and will work, most of the time, unless you have some really unusual situation. And be aware that if it is an unusual situation, you can't count on the police knowing what is, and isn't within the law.

A friend of mine has a 1940 Indian motorcycle. Licensed as a registered antique. AS a registered antique, he is exempt from the state helmet law when he rides it. He carries a copy of the law with him when he rides it. When he gets stopped, he shows it to the officer.

He says it gets him out of about HALF of the tickets. The rest of the time, the cops write him a ticket anyway, and tell him "if you're right, the judge will throw it out..." and, so far, that's what has happened, every single time...

I realize that's an apples/oranges thing but they are both fruit, so the principle applies. Cops MAY know the exceptions to the law, but you can't COUNT on that. Officer Friendly may in complete good faith bust you for what he believes is good reason, and SGT Friendly Sr. might kick you loose because you actually were legal.

Read the law yourself, if you can.

Good Luck!
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Old May 22, 2017, 06:03 PM   #6
mehavey
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Nevada law is silent on carrying unconcealed firearms in vehicles. They do have a law against carrying
loaded long guns in vehicles. But no law against handguns. In a vehicle the firearm must be clearly visible if
upon the person. A handgun sitting under the seat, on top of the seat or in a glove box is not considered “on
the person” and is permissible.

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

Where did the "locked container" aspect come from?
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Old May 22, 2017, 07:59 PM   #7
62coltnavy
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the locked container meme comes from the federal FOPA, which requires that guns be unloaded and in a locked container when transported. FOPA is supposed to be goo nationwide, but is ignored by police in New York and New Jersey.

Another meme is that ammunition must be kept in a locked container separate from the unloaded firearms. while this may be a "good practice" (if you are worried about the police searching your vehicle) FOPA has no requirement that ammo must be kept separate or that it be kept in a locked container. The limitation with TSA is that both can be kept in the same container, but the ammo must be in a container appropriate for shipping, such as an ammo box. Different people have had different experiences with loaded magazines. as an "approved container."

Although I have seen many claim it to be so, there is no such provision in California law either, unless you happen to be on a school campus where both guns and ammo must be in "A" locked container (with no requirement that they be kept in separate containers).

Think about it this way: Do you know of a law that requires you to lock up the ammo you just bought at WallMart, whether you have a gun in the vehicle or not? Probably not.

That said, New Jersey (infamously) does have limitations on the transportation of hollow point ammunition, which is legal only in your home, at the range, or the gun store; it must therefore be transported directly between any of these places with no deviations. Weird, but the law.

Final thoughts. If your state has restrictions on the transportation of firearms, always transport them in compliance with state law or FOPA. A trunk is a locked container. You glove box may or may not be, and the same is true for center consoles. (Neither place is legal in California without a CCW.) A gun rug with a lock is a locked container. If you do not have a trunk, get a lock box, and preferably keep it in the back seat or under or behind the seat. You are not required to secure it to the vehicle, but this is a very good idea if you plan on leaving the firearm in the vehicle.

And NEVER forget that a police officer CANNOT open a locked container UNLESS you consent OR he has a warrant. DO NOT CONSENT. If an officer asks what is in your locked container, YOU ARE NOT REQUIRED TO TELL HIM/HER.
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Old May 23, 2017, 06:33 AM   #8
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Quote:
Originally Posted by Bluecthomas
When I head to range with cased rifle behind the seat and a range bag of targets and ammo on passenger floor, what's my legal status?
Put a cheap Wal-Mart padlock on the rifle case.
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Old May 23, 2017, 06:40 AM   #9
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Originally Posted by 62coltnavy
Think about it this way: Do you know of a law that requires you to lock up the ammo you just bought at WallMart, whether you have a gun in the vehicle or not? Probably not.
Nominally, the NJ State Police are supposed to respect the FOPA. In fact, they have their version of it on the State Police web site. Don't forget that Greg Revell, the guy who was arrested in that infamous airport case several years ago, wasn't arrested by the NJ State Police, he was arrested by the NY/NJ Transit Port Authority police at the airport.

There's a slight glitch to the fact that the NJ State Police reproduce the FOPA on their web site, though. The federal FOPA language says that the firearm "OR" the ammunition must be in a locked container. In reproducing that on their web site, the NJ State Police changed "or" to "and" -- meaning that in New Jersey, as they view it, both the gun AND the ammo must be in a locked container. I don't think it stipulated separate containers, though.

But -- that's on the State Police web site under a discussion of traveling through New Jersey, so it would not apply to a NJ resident traveling from home in NJ to a range in NJ.

http://www.njsp.org/firearms/transport-firearm.shtml

Last edited by Aguila Blanca; May 24, 2017 at 05:18 AM. Reason: Correct name of Port Authority police agency
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Old May 23, 2017, 10:01 PM   #10
heyjoe
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Quote:
Aguila Blanca
Quote:

Nominally, the NJ State Police are supposed to respect the FOPA. In fact, they have their version of it on the State Police web site. Don't forget that Greg Revell, the guy who was arrested in that infamous airport case several years ago, wasn't arrested by the NJ State Police, he was arrested by the NY/NJ Transit Authority police at the airport.
just a point of information: the correct name of the police department is the Port Authority Police Department. They operate at bridges and tunnels that connect NY and NJ , airports in NY and NJ, the World Trade Center, port authority bus terminal, and a small part of the NY/NJ port.
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Old May 24, 2017, 05:17 AM   #11
Aguila Blanca
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Originally Posted by heyjoe
just a point of information: the correct name of the police department is the Port Authority Police Department. They operate at bridges and tunnels that connect NY and NJ , airports in NY and NJ, the World Trade Center, port authority bus terminal, and a small part of the NY/NJ port.
Aaaarrrggghhh!

I knew that! Slip of the fingers when typing. Yes, Port Authority, not Transit Authority. Thanks.
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Old May 24, 2017, 07:22 AM   #12
FITASC
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In 23 years of living inn northern NV with the same type of truck, the cased rifle(s) were in the passenger side and all of the other "stuff" was in the truck bed. Police never gave it any mind - same for going hunting in Storey and Washoe Counties
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Old May 26, 2017, 02:28 AM   #13
Bluecthomas
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In law and cr, me as op, open carry in NV thread 1st response has some links. Thought I had read the locked storage bit there. But not seeing it tonight. May just be my sleep deprived eyes...

Or I may be confusing a California rule...

Cops, respect and contempt are opposite sides of same coin. Like coins, they are earned. I got a lot of one of the for cops. But on this side of the overdue revolution, I don't want appear as their enemy.

Last edited by Evan Thomas; May 26, 2017 at 11:18 AM. Reason: removed invective.
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Old May 27, 2017, 07:17 PM   #14
heyjoe
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Cops, respect and contempt are opposite sides of same coin. Like coins, they are earned. I got a lot of one of the for cops. But on this side of the overdue revolution, I don't want appear as their enemy.
im surprised that posts like this are allowed here. its not ok to recommend bending the law but its ok to advocate revolution....i dont think posts like this do much good for our image as gun owners.
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Old May 27, 2017, 08:38 PM   #15
Bluecthomas
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We all got opinions, and the legal right to express them.

Generally those opinions are based on real life experience, as that one is.
You get fined $12,000 when your $3,500 value licensed, insured and registered vehicle is stolen and let me know how you feel about the supposed protector and servers.

If that wasn't bad enough, they expected me thank them. Thank you for costing me 6 times what the thieves did???

Btw, staff has notified me that using the Cali spelling with two M's that my posting originally contained is wrong...
And, yes I am very much pro revolution. Haven't yet joined any "militia", but watching a documentary on all that Bundy stuff the other night, it's something worth looking into.
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Old May 27, 2017, 10:36 PM   #16
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This is one reason to have concealed carry permit, with respect to hand guns.

Ino trucks I just keep long guns in a case. Years ago was pulled over in Michigan with on behind seat. State to state though.
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Old May 27, 2017, 10:39 PM   #17
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Wisconsin long guns don't even need case, just in loaded.

You can also now lean a loaded gun against vehicle, since we kicked out dems. That was a bs law.
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Old May 28, 2017, 09:49 AM   #18
Bluecthomas
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I find it hilarious that you can have your compact and handy pistol loaded, but the hard to maneuver in confined spaces long gun must be empty.

Road side poaching vs self defense, sure. But how many road rage / rolling shoot outs happened last year?
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Old May 28, 2017, 10:11 AM   #19
Al Norris
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Quote:
Originally Posted by Bluecthomas
We all got opinions, and the legal right to express them.
The problem with that statement is that you are not out on the street corner. You are in a private setting. As such, your "rights" can be restricted to whatever degree the owner of the private area decides.

In this area of the Firing Line, you may not use invectives. "Commiefornia" is an invective. The use of invectives does not in any manner add to civil discourse.

Your option is to leave, if you feel you are too restricted.
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Old May 28, 2017, 09:10 PM   #20
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Circling the drain.
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