Carry vs Transporting a handgun in a motor vehicle

[CharlieR]

I have read that in order to transport a handgun in a motor vehicle with a CT carry permit, the pistol has to be unloaded and locked in some compartment other than the normal glove box. I called the CT State Police to ask this question. The woman I spoke with said the same thing. When I asked two gun stores about this, I was told you can carry it on your person, loaded, in your car. However, if it is not on your person, it must be unloaded and locked away from anyone inside the car. I have never been able to find anything in writing from the State of CT that mentions the difference between carry and transport in a motor vehicle. Does anyone have any experience with this question?

 

[CharlieR]

I find it interesting that 289 people have seen this post without any responses. It was an important issue for me because after reading about the law in CT, I wonder how many people may be violating the law. I have held a CT permit for over 50 years, and have tried to keep up with the many changes in the law so I don't lose my permit over some misunderstanding. I was at Cabela's Outdoor Sports store this afternoon, and asked them about the CT pistol carry law. Again, I was told that with a valid CT pistol permit, you can either CARRY a pistol on your person, or TRANSPORT it unloaded and locked in a container in the trunk of the car. Carrying it on your person means you have complete control of it. If it was anywhere else in the passenger compartment, including the glove box, it is in violation of the law. If this is all true, and you take your pistol to a target range, it can't just be inside a gun box anywhere inside the passenger compartment as I would think many may do. I would like to hear from anyone on this forum with direct knowledge of the CT pistol laws to confirm or correct what I have been told. Being stopped for a simple traffic violation could result in a felony charge and permanent loss of your pistol permit over a simple misunderstanding.

 

[RonM0710]

Go check out handgunlaw.us for good info

 

[apvbguy]

I find it interesting that 289 people have seen this post without any responses.

the people who use this forum are a diverse group from all around the US and even a few from outside the US. there aren't too many people who are from CT or know CT laws well enough to offer advise. FWIW: gun store clerks, your neighbors and even cops are NOT good sources for legal opinions. Try the AG of CT who, if he isn't politically corrupted can offer you legal advice on the laws in CT

 

[NavyLCDR]

The bold parts below are the issue....

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Sec. 29-38. Weapons in vehicles. Penalty. Exceptions. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 or any machine gun which has not been registered as required by section 53-202, shall be fined not more than one thousand dollars or imprisoned not more than five years or both, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word "weapon", as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or more in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument.

(b) The provisions of this section shall not apply to: (1) Any officer charged with the preservation of the public peace while engaged in the pursuit of such officer's official duties; (2) any security guard having a baton or nightstick in a vehicle while engaged in the pursuit of such guard's official duties; (3) any person enrolled in and currently attending a martial arts school, with official verification of such enrollment and attendance, or any certified martial arts instructor, having any such martial arts weapon in a vehicle while traveling to or from such school or to or from an authorized event or competition; (4) any person having a BB. gun in a vehicle provided such weapon is unloaded and stored in the trunk of such vehicle or in a locked container other than the glove compartment or console; and (5) any person having a knife, the edged portion of the blade of which is four inches or more in length, in a vehicle if such person is (A) any member of the armed forces of the United States, as defined in section 27-103, or any reserve component thereof, or of the armed forces of the state, as defined in section 27-2, when on duty or going to or from duty, (B) any member of any military organization when on parade or when going to or from any place of assembly, (C) any person while transporting such knife as merchandise or for display at an authorized gun or knife show, (D) any person while lawfully removing such person's household goods or effects from one place to another, or from one residence to another, (E) any person while actually and peaceably engaged in carrying any such knife from such person's place of abode or business to a place or person where or by whom such knife is to be repaired, or while actually and peaceably returning to such person's place of abode or business with such knife after the same has been repaired, (F) any person holding a valid hunting, fishing or trapping license issued pursuant to chapter 490 or any salt water fisherman while having such knife in a vehicle for lawful hunting, fishing or trapping activities, or (G) any person participating in an authorized historic reenactment.

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Sec. 29-35. Carrying of pistol or revolver without permit prohibited. Exceptions. (a) No person shall carry any pistol or revolver upon his or her person, except when such person is within the dwelling house or place of business of such person, without a permit to carry the same issued as provided in section 29-28. The provisions of this subsection shall not apply to the carrying of any pistol or revolver by any parole officer or peace officer of this state, or parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent, or to any member of the armed forces of the United States, as defined in section 27-103, or of this state, as defined in section 27-2, when on duty or going to or from duty, or to any member of any military organization when on parade or when going to or from any place of assembly, or to the transportation of pistols or revolvers as merchandise, or to any person transporting any pistol or revolver while contained in the package in which it was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser's residence or place of business, or to any person removing such person's household goods or effects from one place to another, or to any person while transporting any such pistol or revolver from such person's place of residence or business to a place or individual where or by whom such pistol or revolver is to be repaired or while returning to such person's place of residence or business after the same has been repaired, or to any person transporting a pistol or revolver in or through the state for the purpose of taking part in competitions, taking part in formal pistol or revolver training, repairing such pistol or revolver or attending any meeting or exhibition of an organized collectors' group if such person is a bona fide resident of the United States and is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides, or to any person transporting a pistol or revolver to and from a testing range at the request of the issuing authority, or to any person transporting an antique pistol or revolver, as defined in section 29-33. For the purposes of this subsection, "formal pistol or revolver training" means pistol or revolver training at a locally approved or permitted firing range or training facility, and "transporting a pistol or revolver" means transporting a pistol or revolver that is unloaded and, if such pistol or revolver is being transported in a motor vehicle, is not readily accessible or directly accessible from the passenger compartment of the vehicle or, if such pistol or revolver is being transported in a motor vehicle that does not have a compartment separate from the passenger compartment, such pistol or revolver shall be contained in a locked container other than the glove compartment or console. Nothing in this section shall be construed to prohibit the carrying of a pistol or revolver during formal pistol or revolver training or repair.

(b) The holder of a permit issued pursuant to section 29-28 shall carry such permit upon one's person while carrying such pistol or revolver.

 

[CharlieR]

I have spent hours trying to get an answer to a simple question: Is it legal to CARRY a pistol in a motor vehicle in CT with a valid permit? It still appears it is never legal to TRANSPORT a pistol in a motor vehicle unless it is locked in a compartment other than the glove box. The statement (b) The holder of a permit issued pursuant to section 29-28 "shall carry such permit upon one's person while CARRYING such pistol or revolver". seems to imply you can CARRY it on your person with a permit. I know many people with a permit have brought pistols to a pistol match while carrying them in a gun box placed on the floor of the rear seat. Something as innocent as that may land you in jail.
I hope someone with legal experience of the CT gun laws can shed some light on this discussion. It appears that even the police do not understand the law, yet they carry the power if arrest.

 

[NavyLCDR]

I have spent hours trying to get an answer to a simple question: Is it legal to CARRY a pistol in a motor vehicle in CT with a valid permit?

Yes, it is.

 

[CharlieR]

NavyLCDR
I would appreciate it if in your response "Yes it is", you might give some details about how and where it may be carried. On your person only? Loaded or unloaded? Locked in some way? After reading many forums and listening to gun dealers, it appears you can CARRY a pistol on your person, loaded or unloaded, with a valid CT permit. However if you need to TRANSPORT a target pistol to a gun range, it must be locked in a container outside the passenger compartment. Many target pistols have a mounted scope that makes it impossible to CARRY on your person. requiring it to be locked in the trunk. Does anyone disagree with that?

 

[NavyLCDR]

NavyLCDR
I would appreciate it if in your response "Yes it is", you might give some details about how and where it may be carried. On your person only? Loaded or unloaded? Locked in some way? After reading many forums and listening to gun dealers, it appears you can CARRY a pistol on your person, loaded or unloaded, with a valid CT permit. However if you need to TRANSPORT a target pistol to a gun range, it must be locked in a container outside the passenger compartment. Many target pistols have a mounted scope that makes it impossible to CARRY on your person. requiring it to be locked in the trunk. Does anyone disagree with that?

The statute I posted 29-38 only makes it illegal for a person to "have" a pistol or revolver in a vehicle if the occupant(s) of the vehicle do not have a carry permit. The exception for transporting an unloaded pistol in an exterior compartment or locked case is only required if an occupant of the vehicle does not have a permit. Otherwise, according to the statute, it is legal to "have" a pistol or revolver in the vehicle if all occupants of the vehicle have a permit and the statute does not specify that a permitted person must unload the pistol or keep it on their person.

I am not a resident of CT, though, that's just the way I read the statute. The people to answer your question would be the CT state police.