Ccw question

[wp50]

I have my ccw and am new to carrying. I do a lot of fishing, many times from a boat. Is it legal for me to have my firearm in my backpack while I am out in the boat?

[Dvrjon]

Yes.

[wp50]

Is it also legal for it to be in the backpack while I am traveling in the truck to the fishing spot

[Old_Bald_Guy]

Yes. Keep it under your immediate control. Don't have an unlicensed passenger hold your backpack and don't leave an unlicensed passenger in the car with it if you get out, or they'll be violating the law.

That said, I don't know why you'd rather put your gun in a backpack than carry it holstered on your person. There's no up side that I can see to putting it in a backpack, so why do it?

[Tripper]

Yes, under your immediate control. Don't have an unlicensed passenger hold your backpack or they'll be carrying illegally.

That said, I don't know why you'd rather put your gun in a backpack than carry it holstered on your person. There's no up side that I can see to putting it in a backpack, so why do it?

Umm actually
That may no longer be the case
As a recent court decision says a backpack is NOT on the person, it's upon the person it something to that effect, basically it would have to be in your belt or pocket, to be possessed, a backpack no longer counts





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[takotruckin]

That said, I don't know why you'd rather put your gun in a backpack than carry it holstered on your person. There's no up side that I can see to putting it in a backpack, so why do it?

While on a boat the firearm would be more secure in a backpack IMO.

[Old_Bald_Guy]

Umm actually
That may no longer be the case
As a recent court decision says a backpack is NOT on the person, it's upon the person it something to that effect, basically it would have to be in your belt or pocket, to be possessed, a backpack no longer counts

Hmm...news to me. Please cite the decision.

[Old_Bald_Guy]

While on a boat the firearm would be more secure in a backpack IMO.

How so?

[Tripper]

It's very recent, I'm sure you can find it if you look
Maybe librarian will see this and cite it for me


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[Tripper]

It was something that a backpack is simply adjacent to a person not possessed by a person, similar to leaning against a wall, does that mean you posses the wall
Some kind of reasoning like that


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[Old_Bald_Guy]

I look forward to it. If true, it won't affect my personal carry habits, because I don't carry in a backpack or anything else like that, but it'll be useful to know, and vital for some. Also, the issue of motorcycle saddlebags may be affected by this. I don't carry in those either, but the issue of transport of guns listed on one's license to/from the range could be impacted for some people.

[Tripper]

Oh
It has not been tested yet as to a firearm, I wouldn't suggest it, just saying it may not be illegal like you suggest


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[wp50]

I have been trying to find out the definitive answer from the DOJ website, but can't find anything.

[JoshuaS]

1. Licensed anglers may CCW without a license. I believe unloaded

2. you are fine with off body carry with a CCW. The ruling about a backpack was about the charge of illegally carrying a gun on one's person. The ruling helped the person so charged

3. IIRC, nothing prevents you from having a loaded gun in a glove box, or leaving it, loaded, in the car whle heading to the post office IF you have a CCW

4. Possession by unlicensed person would be the only issue. IANAL

[newair]

WP50. Just a heads up. If you are going to carry your weapon in your backpack, give great caution to the holster you use. Out if respect for your friends and people around you, I would suggest something like a serpa where you have positive trigger protection .