What Legal Questions/Concerns Do You Have About Carrying?

#1

There are so many things to think about when you carry a firearm - what are the legal questions that keep popping up for you?

I’ll work with our awesome team at the USCCA to get answers and share through here!

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#2

This has been on my mind ever since I bought a Ruger 10-22 for my then 16 year old. How old must a child be in order to buy or give a shotgun, rifle or handgun? I’m in Texas and am confused by my Google searches.

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#3

Travel through Illinois… I think with a MO permit I can carry loaded concealed or open in the car, but I cannot step out of the car, and if I exit my firearm must be unloaded and locked in a case, ammo locked on a separate case.
So my question is gas stations…
To fill my tank, I have to remain in the car, unload, lock up the gun, lock up the ammo, THEN I can open my door and get out.
Wanting to confirm my understanding is right for both types of carry and for gas station.
Also saw a car lock that contains the firearm but is not an enclosed case, more a bolted down strap… think it’s in the current edition of USCCA magazine. Wondering if that is coinsidered a locked “case” and does it impact how locked transport is interpreted, and if I throw my sweater over it does that change things

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#4

Here’s the locking holster I’m looking at mounting next to the drivers seat of my truck:
https://nrajottogear.gojotto.com/nra-handgun-by-jotto-desk.html

#5

Zee,
I am from Wisconsin and the way I understand the Illinois law is just has you stated (as long as you have a valid CC permit from your home state) and you must properly have it locked up before you exit the vehicle. MY question is how does this work when riding a Motorcycle? I avoided Illinois on our bike trip to Las Vegas for that very reason

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#6

@Zee

I drive thru Illinois to see family in Michigan. Thru my contact with the state police a loaded hand gun inside the car is legal. The gun must remain in the vehicle. I asked about the gas station thing and was informed that it’s fine because you’re not transporting the firearm out of the vehicle. As a habit whenever I leave a gun in the car it’s locked in a lock box.

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#7

From my understanding 18 or older for long guns and 21 for pistols.

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#8

For purchasing, you’re right @MilVet. 18 for long guns and 21 for handguns - in most states. However, you can own at younger ages I believe. Let me check with our resident legal eagle and see what info we can dig up for you all!

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#9

I love the USCCA team! Our legal eagle checked their email after hours and got me the details:

Federal law sets the minimum age to possess a handgun as 18 [18 USC 922(x)(2)(5)], some states set the minimum as 21. There is no Fed minimum for long guns.

Does that help, @mdstanzel?

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#10

Yes, it helps. @Dawn

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#11

Are there legal concerns about carrying hollow point bullets? If I’m involved in a self defense situation will the prosecutor use this against me?

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#12

A prosecutor can say anything, but it shouldn’t matter. You can always choose the same ammunition that your local law enforcement uses so that your choice of ammo couldn’t possibly be a bad one! Watch the USCCA webinars with GrievesLaw for more info!

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#13

I had a question that I have submitted a couple of times for the members only webinars that has not been touched on yet. What if during an attack you are able to disarm your attacker and are forced to use his own weapon against him. Would you be covered by USCCA since the weapon was not actually " legally owned"?

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#14

Good question! I would like to hear the official answer as well.

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#15

As a parent you can give them at any age. The only problem you can get into is if they get caught with them on the road or in town without adult supervision.

When hunting, at the range etc there is no issue at all even unsupervised as to long guns but unless there has been a recent change I’m unaware of they must be supervised when in possession of a handgun until they reach 18.

It is also deemed illegal by Texas gun law for a person to not conceal their handgun. Minors under the age of found in possession of a firearm are legally excluded if the minor is engaged in hunting and other sporting activities, defending of people or property as allowed by law, or during agricultural activities.

All such activities are permissible if the minor was properly supervised by an adult over the age of eighteen. An adult will be held responsible if a minor under the age of 17 gains access to a weapon. It is deemed negligible if the adult did not secure the weapon in an appropriate place and the firearm can be readily used.

https://gun.laws.com/state-gun-laws/texas-gun-laws

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#16

I don’t think that will work for you in Illinois. As I recal it must be in a locked case, unloaded, and separate from ammo/magazine.

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#17

Stay out of NJ with HP’s. I’m unaware of any other state with such a prohibition but laws change frequently so best to check the laws of each state you will be traveling in.

Where they are legal, no they will certainly not work against you in court as you can easily show that HP’s are in fact much safer than either FMJ’s or even cast lead since they greatly reduce the risk of a pass through striking someone downrange.

#18

I think in NJ hollow points are explicitly illegal, so you have to know the state law where you are.

#19

@WildRose the jotto holster is all steel, locks the firearm in place so it cannot be removed without the key, and is bolted to the car… it’s not a case that fully encloses the entire firearm. I do separate the mags.
You think it doesn’t qualify as a case under Illinois law?
@Dawn, do you think your legal folks would weigh in on if the locking Jotto holster meets the case requirement for Illinois?

#20

Oh that’s a good question. Here’s the things that are taken into considerations:

Can you legally own a firearm? It doesn’t have to be your firearm. If @DBrogue is injured/unconscious and I am with him, I can defend both of us with his new Sig320 XCompact - even if he didn’t give me concent.

Are you in imminent, unavoidable danger of death or grave bodily harm? Self-defense criteria

Other criteria may play into the situation as well.