melloyello
New member
So the amendment title S308 says:
16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO ALLOW A CONCEALABLE WEAPON PERMIT HOLDER TO ALSO SECURE HIS WEAPON UNDER A SEAT IN A VEHICLE OR IN ANY OPEN OR CLOSED STORAGE COMPARTMENT IN THE VEHICLE;
However, in the bill's section appears to have added "passenger compartment":
C. Section 16-23-20(9)(a) of the 1976 Code, as last amended by Act 28 of 2007, is further amended to read:
"(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance. If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or"
Questions (just your best educated guess):
Does this mean in a "built-in or fixed" open or closed storage compartment, i.e. not a separate gun case or bag?
Does this also mean only open or closed storage compartment for all passenger's seating, but not the driver side?
Does "under a seat in a vehicle" mean any seat including occupied passenger seats?
Does "under a seat in a vehicle" mean while the CWP holder is present or can it be unattended?
It does not mention being concealed, so can under the seat carry and open compartment carry, be unconcealed?
section b after this amendment says "(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;
Assume section 9 will say:
SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
(9) a person in a vehicle if the handgun is:
(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance. If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or
(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;
16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO ALLOW A CONCEALABLE WEAPON PERMIT HOLDER TO ALSO SECURE HIS WEAPON UNDER A SEAT IN A VEHICLE OR IN ANY OPEN OR CLOSED STORAGE COMPARTMENT IN THE VEHICLE;
However, in the bill's section appears to have added "passenger compartment":
C. Section 16-23-20(9)(a) of the 1976 Code, as last amended by Act 28 of 2007, is further amended to read:
"(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance. If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or"
Questions (just your best educated guess):
Does this mean in a "built-in or fixed" open or closed storage compartment, i.e. not a separate gun case or bag?
Does this also mean only open or closed storage compartment for all passenger's seating, but not the driver side?
Does "under a seat in a vehicle" mean any seat including occupied passenger seats?
Does "under a seat in a vehicle" mean while the CWP holder is present or can it be unattended?
It does not mention being concealed, so can under the seat carry and open compartment carry, be unconcealed?
section b after this amendment says "(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;
Assume section 9 will say:
SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
(9) a person in a vehicle if the handgun is:
(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance. If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or
(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;
