Rifle in a Truck Question

[volcanic]

What is the legality of carrying an unloaded rifle in the storage compartment under the rear seats of a truck?

The storage compartment closes and latches and the seats fold over it.

Also, is it okay to carry the ammo in the same storage compartment, but in a seperate container (pouch)?

Any clarification is appreciated. I want to be able to have a truck gun available.

[GrizzlyGuy]

A rifle is a long gun, so it doesn't (typically) meet the definition of a concealable firearm in 12025. I said "typically" because YMMV for a carbine:

Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

Ammo in the same container is fine. It doesn't necessarily need to be in a separate container, it could be loose in the main container, in a magazine (magazine not in rifle), etc.

Long gun transport (but not possession) is exempted from the state school zone law (626.9) but not from the federal GFSZ law. The container would need to be locked to comply with the federal law while in school zones, and a locked container would also assure compliance with 12025 (in case a LEO/DA claimed it was 'capable of being concealed upon the person').

Registered assault weapons may be different, someone else would have to provide info in that case.

[volcanic]

The gun in question would be a Mosin Nagant M38, so I don't think concealment is an issue.

What is the definition of locked in this situation? The storage compartment closes all the way and has a turning latch that must be turned to open, but does not require a key.


Thanks for the info.

[bwiese]

Unless it "locks" it's not locked.

That's quite OK for general rifle transport, but you wanna be locked if you're traversing school zones (and there are a ton and you don't always know where they are - Montessori, private schools, juvenile work training "ROP" facilities, etc.)

[sac550]

Rifles are not subject to state school zone laws because they are not concealable firearm. Federal gunzone has been overturned by the courts.

[bwiese]

Rifles are not subject to state school zone laws because they are not concealable firearm. Federal gunzone has been overturned by the courts.

Hmm, maybe you have me. Double check. Cite?

[ChuckBooty]

What about a shotgun with a tacstar side-saddle?

[sac550]

[Alaric]

Interesting how you quoted wikipedia but omitted the ever-so-crucial next sentence:

Congress re-enacted the law in the GFSZ Act of 1996, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding wording placing the burden on the prosecutor to prove an additional element, that the "firearm has moved in or otherwise affects interstate commerce."

So it appears that the federal GFSZ is still in effect, but the burden of proof is now higher. Show me a gun that hasn't moved at some point in interstate commerce (since Bryco's and Calico's aren't actually all that common)...

[sac550]

They did amend in 1996. But the Supreme Court decided the case in 2000 that said Congress doesn't have the authority. So what Congress did in 1996 was overturned.

[ChuckBooty]

They did amend in 1996. But the Supreme Court decided the case in 2000 that said Congress doesn't have the authority. So what Congress did in 1996 was overturned.

Source?

[Alaric]

Looks like it is still awaiting a "judicial test".

The Federal Gun Free School Zone Act ("GFSZA") has already been held as unconstitutional by the US Supreme Court (United States v. Lopez, 514 U.S. 549 (1995), which held that "The Act exceeds Congress' Commerce Clause authority). Congress subsequently revised the GFSZA without fixing the basic flaw. The revised statute is currently in effect awaited a judicial test.

http://www.vcdl.org/new/fallschurch.html

[ALSystems]

A rifle is a long gun, so it doesn't (typically) meet the definition of a concealable firearm in 12025. I said "typically" because YMMV for a carbine:

Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

If instead of a Mosin Nagant, would an AR-7 be considered a "concealable firearm" when it is disassembled and everything is stored in the stock?

[pullnshoot25]

http://caopencarry.blogspot.com/2009/12/open-carry-faq.html

[pullnshoot25]

If instead of a Mosin Nagant, would an AR-7 be considered a "concealable firearm" when it is disassembled and everything is stored in the stock?

No. It is all about barrel length.