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Thread: Glovebox Handgun??

  1. #1

    Default Glovebox Handgun??

    What is Alaska's policy on a handgun in the glovebox. Do you need to have a Concealed Carry??

    Thanks

  2. #2
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    No need for a concealed carry license at all in AK. In the glove box is no problem either.

  3. #3

    Default Duty to inform

    If pulled over for a traffic violation, CCW permit or not, you have a duty to inform the officer you have a concealed weapon in the glovebox. It is considered (I believe the term is) constructive possession of the firearm i.e. immediately accessible to you, unlike a firearm in the trunk. It is a crime not to inform the officer, not to mention a good way to get sidearm screwed into the side of your head when reaching for your registration/proof of insurance.

  4. #4

    Default

    I believe it depends on the city laws, also. I know that AK has thier laws regarding concealed carry, but from what I understand, while in a certain city, you have to follow their rules. I just got a concealed carry permit to avoid any hassle. I don't carry concealed, but I sometimes throw a revolver under my seat on my way to fly fishing. If I get pulled over, at least I'm covered.

  5. #5

    Default What's it....

    Doing in the glovebox??????? It can't help ya from there!!
    RIDE TALL, SHOOT STRAIGHT AND ALWAYS TELL THE TRUTH

  6. #6

    Default

    Quote Originally Posted by Ruger01 View Post
    I believe it depends on the city laws, also. I know that AK has thier laws regarding concealed carry, but from what I understand, while in a certain city, you have to follow their rules. I just got a concealed carry permit to avoid any hassle. I don't carry concealed, but I sometimes throw a revolver under my seat on my way to fly fishing. If I get pulled over, at least I'm covered.
    Glove box is fine state wide just tell us you are armed if you are stopped.
    Pat

  7. #7

    Default pecking order

    Tell me if I'm wrong; I have always thought that a city law is superceded by a state law regarding same scenario, which is superceded by a federal law of the same basis.

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    Member schmidty_dog's Avatar
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    I think you have it backwards Mauserboy, but I'm no lawyer. My cousin Vinny.. errrrrr Cole is though.

    I think that city laws overrule the state laws when you are in the city, then state laws overrule the federal laws when in that state.

    If federal laws overruled everything there wouldn't be any other laws right, cuz the federal laws would be the ones to go by.

  9. #9

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    Quote Originally Posted by schmidty_dog View Post
    I think you have it backwards Mauserboy, but I'm no lawyer. My cousin Vinny.. errrrrr Cole is though.

    I think that city laws overrule the state laws when you are in the city, then state laws overrule the federal laws when in that state.

    If federal laws overruled everything there wouldn't be any other laws right, cuz the federal laws would be the ones to go by.
    Yes and no. When you are in a city you have to follow federal law, state law and city law. So even if the feds and the state says its ok and the city does not you have to follow the city law. The State can not make laws less restrictive than the Feds and the citys can not make laws less restrictive than the State and Feds.
    Pat
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    Member JOAT's Avatar
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    Maybe to help clarify... the more local the governmental body, the more restrictive they can make the laws. However, the local government cannot make a law that is less restrictive than the next higher level of government.

    For example, if the state required a CCW, the city could not say you don't need one. But if the state says you don't need a CCW, the city can make a more restrictive law that says you do need one.

    Anchorage does have a CCW law on the books, but I HEARD (don't have verification of this) that they stopped enforcing that ordinance after the state repealed the CCW permit mandate. Since the law is still there, you could be cited for carrying without a permit in the city, but I was told they are not doing that as a stand-alone citation (if you break another law they could still pile this additional charge on top of it).
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  11. #11
    Member HuntKodiak's Avatar
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    Default Which should come first?

    Let me start by saying that if pulled over, I'll let the officer know if I'm carrying concealed, but in the CCW class I took, I seem to recall that it was just (or more) critical that the officer ask.

    So which is required first? The officer to ask or the civilian to volunteer?
    Last edited by HuntKodiak; 11-19-2007 at 18:11. Reason: spelling

  12. #12

    Default Let them know

    Quote Originally Posted by HuntKodiak View Post
    Let me start by saying that if pulled over, I'll let the officer know if I'm carrying concealed, but in the CCW class I took, I seem to recall that it was just (or more) critical that the officer ask.

    So which is required first? The officer to ask or the civilian to volunteer?

    I would APSOLUTELY let the officer know you have a weapon as soon as they approach you. From what I was taught in my CCW class, you need to tell them right away. How often have you been pulled over and the officer ask you if you have any weapons? I don't ever recall being asked that.

    I was watching a shooting show recently, and they suggested that when you give the officer your drivers license, that you can hand them your CCW permit at the same time, thereby letting them know that you are carrying. That is what this show suggested, anyhow.

  13. #13
    Member JOAT's Avatar
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    You must tell them first. See AS 11.61.220

    Also notice that the statue states "concealed on the person". There is nothing specific about the glovebox or elsewhere within reach in the vehicle.

    Quote:

    AS 11.61.220
    (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person
    (1)
    is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,
    (A)
    that is concealed on the person, and, when contacted by a peace officer, the person fails to
    (i)
    immediately inform the peace officer of that possession
    ; or
    (ii)
    allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact
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  14. #14
    Moderator AKmud's Avatar
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    There is no requirement to tell an officer you have weapons in the vehicle, but it is nice to let himi/her know. As JOAT pointed out it is only required if you are carrying concealed on your person.
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    Member HuntKodiak's Avatar
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    Thanks for the good info. In this case, the law matches nicely with what a reasonable person should do.

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    Quote Originally Posted by schmidty_dog View Post
    I think you have it backwards Mauserboy, but I'm no lawyer. My cousin Vinny.. errrrrr Cole is though.

    I think that city laws overrule the state laws when you are in the city, then state laws overrule the federal laws when in that state.

    If federal laws overruled everything there wouldn't be any other laws right, cuz the federal laws would be the ones to go by.
    I think the strictest law applies unless you want to go to court and find out the hard way what case law exists and whether or not the laws are (state and fed) constitutional. Cheaper and easier to know the laws and follow the strictest that applies, like it or not.

    BTW ...to the guy who said "What's it doing in there!?". The answer is that some folks put it there to be legal while they go into a place where carrying is illegal. Personally, I have a lock box bolted to the floor of the truck with carriage bolts and a front-door that opens. I have one of those round locks that's hard to cut with a bolt cutter to lock it shut. Experts will still get it, but boy, it tain't gonna be easy. Glove boxes are easy to steal a gun from ...you're relying on the "out of sight, out of mind" concept that will hopefully keep someone from being tempted to break in. I like locks.

    Brian

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    Quote Originally Posted by HuntKodiak View Post
    Thanks for the good info. In this case, the law matches nicely with what a reasonable person should do.
    Except for the no guns on school campuses rule. That's a fed law if I recall, and it's a thousand yards or a thousand feet. Something like that. Those so-called gun-free zones are dangerous to your kids... law breakers won't change because another law was written ...blah blah blah. You've heard it all before. It just peeves me that some paranoid Brady types think that killers will respect their desire to live in a world without weapons... Wait until they find out what some folks can do with a short aluminum rod... or virtually anything in the garage or kitchen. Duh.

    bd

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    Quote Originally Posted by Ruger01 View Post
    I would APSOLUTELY let the officer know you have a weapon as soon as they approach you. From what I was taught in my CCW class, you need to tell them right away. How often have you been pulled over and the officer ask you if you have any weapons? I don't ever recall being asked that.

    I was watching a shooting show recently, and they suggested that when you give the officer your drivers license, that you can hand them your CCW permit at the same time, thereby letting them know that you are carrying. That is what this show suggested, anyhow.
    Motor off. Interior light on. Both hands on the wheel. Driver's window open 1/3rd. As soon as the officer let's you say something, the first words out of your mouth are "I need to inform you that I have <fill in the blank>, that it is <loaded/unloaded>, and located <fill in the blank>. It is the only weapon of any sort that I have (if applicable.)" THEN answer whatever other questions or new questions the officer has and do exactly as told. DON'T get out your wallet or do anything else until instructed, and do exactly what you're told ...no more, no less. That's what both CCW classes that I attended said to do. It's worked for me just fine in the past and the officer was very friendly (all the Alaska State Troopers that I've met HAVE been friendly from what I've seen ...good folks who just want you to be safe.)


    Brian

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    Exclamation Schools are NOT no carry zones!!!

    Quote Originally Posted by tananaBrian View Post
    Except for the no guns on school campuses rule. That's a fed law if I recall...
    There is NO such law! If there were, then how is it that we have official shooting sports teams at our high schools? How is it that Valdez HS has an indoor public shooting range? Skyview HS (Soldotna) hosted the Arctic Winter Games by building an outdoor range on one of their athletic fields? Not to mention the college campuses which allow CCW (more now following the VT shootings). It really irks me when this myth of a "federal no guns in school zones law" continues to be propagated when in fact there is no such thing.
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  20. #20
    Member HuntKodiak's Avatar
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    I'm not aware of any Fed law regarding weapons in schools or on their property, but there are state laws. I just read one of ours, for example, 11.61.210 which is Misconduct involving weapons in the fourth degree. A lot of restrictions relating to weapons on school grounds unless one gets approval from the school's chief administrative officer or designee. However, I read nothing about a distance limitation from the school as mentioned earlier, which if true would get a lot of people in Kodiak in trouble. Both roads that transit from one end of the town to the other pass right next to the High School and Middle school (on one road) and one of the Elementary Schools on the other.

    Bottom line in my opinion is nobody other than law enforcement officers need to be on school property with concealed weapons. I can live with that. But, I hardly consider myself a criminal for driving by the school on a public road while carrying a concealed weapon.

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