I think they wrote the law the way they did to deter someone from hiding a gun under something unless it was in a case. If I interpreted the law correctly, you can't have the gun hidden under the seat or something without it being in a a case.
Keep in mind that this is an affirmative defense statute -- it doesn't prohibit anything, and there is no law that says all other methods of transport are illegal or anything. There is a law that makes it a crime to carry a firearm on or about your person though (which is what a CCL gives you an exception to). If you were transporting an unloaded handgun that is covered up, or otherwise not meeting one of the affirmatively legal methods, they could get you under the carry statute if it is close enough to you in the car to be considered "about your person." I would say if it is concealed and easily within your reach from the driver's seat, they could probably get you on that charge.
As for popping in the mag, hitting the slide release, and taking care of business if you are threatened with death or serious bodily injury, I would say you would be stupid not to. Even if you get an ******* DA who charges you with unlawfully carrying a loaded weapon even though the shoot was justified, it is still just a misdemeanor. And you would have a pretty good defense under the doctrine of necessity. It would take a pretty chickenshit jury to convict you of it, too.
As for popping in the mag, hitting the slide release, and taking care of business if you are threatened with death or serious bodily injury, I would say you would be stupid not to. Even if you get an ******* DA who charges you with unlawfully carrying a loaded weapon even though the shoot was justified, it is still just a misdemeanor. And you would have a pretty good defense under the doctrine of necessity. It would take a pretty chickenshit jury to convict you of it, too.
Would that also apply to the SYG Act?
From what I understood there, its defense was predicated on the actor not committing a crime.
Now I figure you'd still be good under the other justifiable homicide laws.
I am a criminal defense attorney, and have been so for many years. I deal with dope and guns on a weekly basis. Advise your clients as you will and good luck!
How clear should my trunk lid be? Can it be 30% tinted or is tint even allowed?
I will go with the same tint limitations as the front passenger windows.
Does it have to be illuminated? jhat we need answers.
I would think like a tag is lit, it would need illumination.
Similar threads
