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Cautious vs. Legal.....gun question

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Cautious vs. Legal.....gun question

Old 07-06-2013, 10:39 AM
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Default Cautious vs. Legal.....gun question

My son came down for the weekend and brought several of his pistols for us to shoot. They were in a pelican case. One had a full clip (edit: the correct term would be Magazine) in it and one had just one in the magazine; none chambered.

My question is whether a traffic stop/search for whatever reason would cause the guns to be confiscated, or whether he would be in any kind of legal trouble for carrying loaded guns in his truck.

He has a carry permit. State is Alabama.

I know you can't carry a loaded rifle in your truck during hunting season, so does something similar apply, or is it just a safety issue with me?

Last edited by bamaboy473; 07-07-2013 at 04:39 AM.
Old 07-06-2013, 10:44 AM
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That would likely be a state issue. I carry a Glock or Ruger (semi) in the car often with a loaded magazine (not a clip).......never have one in the chamber but I know some people that do. Not illegal here if you have a carry permit.
Old 07-06-2013, 10:45 AM
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He has a permit. Carry one loaded one on you, and unload the rest.
Old 07-06-2013, 10:49 AM
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Google Alabama gun laws.

Did he travel thru any states where they do not have a recipical law ?.

When I travel to Pennsylvania and pass thru Maryland I have to unload the gun and lock it in my safe box,separate from the ammo.

The book that he should have --- Travelers guide to the firearm laws of the fifty states--

Written by. J. Scott Kappas, Esq.
Old 07-06-2013, 10:50 AM
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Originally Posted by debugger View Post
He has a permit. Carry one loaded one on you, and unload the rest.
That's my way of thinking. Maybe not illegal, but keep 'em unloaded if you aren't going to use them (excepting carry weapons).

Transporting loaded guns isn't wise; especially if somebody thinks they're checking a gun by just racking the slide...without checking the bore...and accidentally loads the chamber while thinking that the gun must be empty.
Old 07-06-2013, 10:58 AM
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Originally Posted by jpcanning View Post
Google Alabama gun laws.

Did he travel thru any states where they do not have a recipical law ?.

When I travel to Pennsylvania and pass thru Maryland I have to unload the gun and lock it in my safe box,separate from the ammo.
.
He stayed in-state, but thanks for the heads up about some states requiring that guns be unloaded. Are you including carry guns in that statement?
Old 07-06-2013, 11:14 AM
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Go here and read up
Handgunlaw.us

www.handgunlaw.us
Old 07-06-2013, 11:17 AM
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Originally Posted by bamaboy473 View Post
He stayed in-state, but thanks for the heads up about some states requiring that guns be unloaded. Are you including carry guns in that statement?
Yes, his license is not accepted by all states.

As of 2008 only 22 states honored Alabama concealed permit. Where as 30 states accept North Carolina .
I loaned out my 2013 book ;?
Old 07-06-2013, 11:20 AM
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Originally Posted by Thalasso View Post
Go here and read up
Handgunlaw.us

www.handgunlaw.us

Old 07-06-2013, 12:11 PM
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It's a magazine.
Old 07-06-2013, 05:46 PM
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Originally Posted by Crabpot Man View Post
It's a magazine.

OK, I'm the grasshopper now. When is it a magazine, and when is it a clip?

Old 07-06-2013, 06:11 PM
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Originally Posted by bamaboy473 View Post
OK, I'm the grasshopper now. When is it a magazine, and when is it a clip?

This video explains magazine vs clip:

Old 07-06-2013, 06:25 PM
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Without looking at State regs my guess is that yes, he could have had his guns confiscated.

Maybe a warning, etc. but I'm sure the cop would be within his rights to confiscate the transportation of guns in that manner.

Now that I piped up, I'll research.

Thanks,

J
Old 07-06-2013, 06:29 PM
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I surely wouldnt want to transport them loaded. I doubt 'Bama has very draconian gun laws, so if they arent loaded he should be ok.

Im sure mouse will find the answer.
Old 07-06-2013, 07:25 PM
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Originally Posted by Esuomm1 View Post
Without looking at State regs my guess is that yes, he could have had his guns confiscated.

Maybe a warning, etc. but I'm sure the cop would be within his rights to confiscate the transportation of guns in that manner.

Now that I piped up, I'll research.

Thanks,

J
I give up, sorry. Found nothing definitive as I can't find the pertinent definition of "loaded" for Alabama. AL. talks about transport of firearm unloaded is OK and therefore forces one to determine how is "unloaded" defined and that's where the wheels fall off for me.

I only found two legal wordings (neither coming from Alabama unfortunately).
1) Considered loaded if ONE action would cause the gun to fire.
1a) Example, if pulling the trigger would cause it to fire, it's loaded, but if having to rack it and pull the trigger is req'd to get it to fire it would be consider unloaded.
2) Considered loaded if the magazine has at least one live round and is attached (your example).

Looking forward to reading something definitive if/when posted.

I know what the safe thing to do would be but that's irrelevant when wanting to know what the law will allow.

Good luck and hope you never need to get a lawyer and sit in court to really find out.

Last edited by Esuomm1; 07-06-2013 at 07:39 PM.
Old 07-06-2013, 08:26 PM
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Son has been shooting for over 30 years, and has been on his own for 20 of them. I think many of us that don't interact with people that are anal safety conscious can lose some of the edge...and that's happened in this case, I think. He knew the .380 was loaded because it's his other carry gun...BUT was not aware that the .22 had one round left in the mag/clip (I can't view videos with sound). That, in itself, caused him to re-think his handling policies.
Hope it helped him.
Old 07-06-2013, 08:33 PM
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http://nraila.org/gun-laws/state-laws/alabama.aspx

It seems that with a carry permit you can transport pistols any way you like. Without
a ccw, the laws are a bit stricter.

Last edited by MARLA GALE; 07-06-2013 at 08:35 PM. Reason: fied link
Old 07-06-2013, 08:44 PM
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Originally Posted by jpcanning View Post
Yes, his license is not accepted by all states.

As of 2008 only 22 states honored Alabama concealed permit. Where as 30 states accept North Carolina .
I loaned out my 2013 book ;?
We're mixing a few different items together. First, when transporting from one state to another, you're generally covered under FOPA which is Federal, but this is for transporting LOCKED AND UNLOADED across state lines. IOW if I can legally possess in state A, and I want to drive to state B where I can also legally possess, I can pass through any states in between as long as it's locked and unloaded.

Separate from that is state law, which obviously varies from state to state. For some states, you need a permit just to possess. In other states, you only need a permit to conceal. Generally the firearm has to be under your direct control.

As a general rule, unless you are carrying (open carry or concealed carry ) firearms should always be transported unloaded and locked.

A magazine is a device which holds rounds, and the magazine is inserted onto the firearm. The most common magazine is a box magazine, which is basically a spring loaded box. The firearm pulls one round out of the magazine at a time. A clip is a device used to load rounds into a firearm, like a stripper clip. It has no box or spring.

To be safe, if you put rounds into it, and then pop the whole thing into a magazine well, it's a magazine, not a clip.
Old 07-06-2013, 08:52 PM
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Originally Posted by bamaboy473 View Post
My son came down for the weekend and brought several of his pistols for us to shoot. They were in a pelican case. One had a full clip in it and one had just one in the clip; none chambered.

My question is whether a traffic stop/search for whatever reason would cause the guns to be confiscated, or whether he would be in any kind of legal trouble for carrying loaded guns in his truck.

He has a carry permit. State is Alabama.

I know you can't carry a loaded rifle in your truck during hunting season, so does something similar apply, or is it just a safety issue with me?

Not the best practice but not illegal if he has CCP. Alabama Law is kind of vague with regard to loaded long guns(with the exception of being on WMAs) but history says you will only have issues with DNR and hunting laws not LEO.

If he did not have CCP the pistols would need to be unloaded, scured in a case and separate from the ammunition.
Old 07-06-2013, 09:08 PM
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Originally Posted by MARLA GALE View Post
http://nraila.org/gun-laws/state-laws/alabama.aspx

It seems that with a carry permit you can transport pistols any way you like.
What did you read in that link that gave you this opinion about transport?

Carry is always clear and precise. Transport "seems" vague and I think that's why the OP is asking about the specifics/legality of it.

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