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Thread: loaded long gun in vehicle, legal?

  1. #1
    Member aufevermike's Avatar
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    Default loaded long gun in vehicle, legal?

    Is it or is it not legal to have a loaded long gun in your vehicle?

  2. #2
    New member AkBubba's Avatar
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    Default Alaska Gun Laws

    It is legal in Alaska to carry a loaded gun concealed if you wish and can legally own that firearm.

    So the answer is yes you may. Or I know a lot of road hunters that would be shut down.

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    Just don't pull into a parking lot of a bank, a school or a federal building with it.

    Funny, I just had this conversation with one of our security guys who used to be a State Trooper.

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    Actually, in my ccw class (10 years ago, give me a break if I'm wrong) they said you can not have a loaded long gun in your vehicle. and as for the bank thing you can still have aloaded firearm in the bank (last I heard). I went into the AKUSA on bragaw and the teller seen my colt (I screwed up) and she laughed and said I had a nice gun. Even the cop in my CCW class said it was good to go for carrying in a bank. If things have changed, maybe I should go back and take the CCW class again to learn the rules.

  5. #5

    Default legal now...

    Quote Originally Posted by GreginAlaska View Post
    Just don't pull into a parking lot of a bank, a school or a federal building with it.

    Funny, I just had this conversation with one of our security guys who used to be a State Trooper.
    It is currently legal to carry into any financial institution. This website references the Alaska statute.
    http://www.packing.org/state/alaska/#stateoff_limits

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    Member tyrex13's Avatar
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    You can have an unloaded whatever, almost anywhere, except other peoples homes w/o permission, schools and some federal and state buildings. Check out www.packing.org.

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    When you read the sign at every Federal building it says you can not bring a firearm into a Federal building. That is not what the Federal statute says. It is illegal to bring a firearm into a building for illegal purposes. So if you are going to get a subsistence permit it would be prefectly legal to carry your rifle in with you. That being said, not everyone in government service has read the CFR concerning firearms and they may believe what is written on the poster. Jim

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    Member aufevermike's Avatar
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    Hey thanx for getting off topic!!!!!!! Maybe I should rephrase my question. Is it illegeal to carry a shotgun or rifle, both of which are classified as long guns, loaded in a vehicle? I am aware that concealed carry means "on your person" did I state that? NO, I did not.

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    Moderator AKmud's Avatar
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    Default In your vehicle....

    You can carry whatever you want (long gun or hand gun) in your vehicle, loaded or not, concealed in the vehicle or in plain view. The CCW rules (very lax now) don't apply unless the firearm is concealed on your person.
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    Member aufevermike's Avatar
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    Thank You Sir!!!!!

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    Member GreginAlaska's Avatar
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    "
    • it is legal to carry a concealed handgun in to
      any financial institution since 1998 the old regulation was
      repealed (11.65.755 sec 11) "
    Looks like our former State Trooper security guy is a little behind...he says he would still confiscate a gun from somebody who has it in a bank or on their grounds. That's a funny attitude.

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    Default question

    Ok you CAN have a loaded long gun in your vehicle. Now the question is.....is it a good idea or safe to carry a loade gun in your vehicle? I say no, you can't hunt from the road anyway. Nobody rides with me with loaded gun. jmo

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    Question

    Quote Originally Posted by Akbrownsfan View Post
    Ok you CAN have a loaded long gun in your vehicle. Now the question is.....is it a good idea or safe to carry a loade gun in your vehicle? I say no, you can't hunt from the road anyway. Nobody rides with me with loaded gun. jmo
    If you're not hunting why would carrying a loaded long gun in a vehicle be any different than carrying a loaded handgun......which a lot of people do all the time under the concealed carry law.
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    <H2>The Alaska Statues regarding firearms and other weapons are below. Some cities have municipal restrictions that may not really be enforced,,, unless they decide to make an example out of you...


    An accidental discharge from your car into the side of another house or business would be a sure fire way to encourage them to make you the poster child for any untried municipal law...


    AS 11.61.190. Misconduct Involving Weapons in the First Degree.


    (a) A person commits the crime of misconduct involving weapons in the first degree if the person

    (1) uses or attempts to use a firearm during the commission of an offense under AS 11.71.010 - 11.71.040; or

    (2) discharges a firearm from a propelled vehicle while the vehicle is being operated and under circumstances manifesting substantial and unjustifiable risk of physical injury to a person or damage to property.

    (b) Misconduct involving weapons in the first degree is a class A felony.</H2>
    <H2>AS 11.61.195. Misconduct Involving Weapons in the Second Degree.

    (a) A person commits the crime of misconduct involving weapons in the second degree if the person knowingly

    (1) possesses a firearm during the commission of an offense under AS 11.71.010 - 11.71.040;

    (2) violates AS 11.61.200 (a)(1) and is within the grounds of or on a parking lot immediately adjacent to

    (A) a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer; or

    (B) a center, other than a private residence, licensed under AS 47.33 or AS 47.35 or recognized by the federal government for the care of children; or

    (3) discharges a firearm at or in the direction of

    (A) a building with reckless disregard for a risk of physical injury to a person; or

    (B) a dwelling.

    (b) Misconduct involving weapons in the second degree is a class B felony.</H2>


    Continued in next box due to space

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    Member Float Pilot's Avatar
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    Still more of the weapons statutes:
    AS 11.61.200. Misconduct Involving Weapons in the Third Degree.

    (a) A person commits the crime of misconduct involving weapons in the third degree if the person

    (1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory;

    (2) knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory;

    (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon;

    (4) knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body;

    (5) removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable;

    (6) possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable;

    (7) violates AS 11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body;

    (8) violates AS 11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010 (b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;

    (9) communicates in person with another in violation of AS 11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife;

    (10) resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located;

    (11) discharges a firearm from a propelled vehicle while the vehicle is being operated in circumstances other than described in AS 11.61.190(a)(2); or

    (12) knowingly possesses a firearm that is concealed on the person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory.

    (b) It is an affirmative defense to a prosecution

    (1) under (a)(1) of this section that

    (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction;

    (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or

    (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(1) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory;

    (2) under (a)(2) or (10) of this section that

    (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction;

    (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or

    (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the violation of (a)(2) or (10) of this section, and the prior conviction did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory.

    (c) It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act).

    (d) It is an affirmative defense to a prosecution under (a)(11) of this section that the person was using a firearm while hunting, trapping, or fishing in a manner not prohibited by statute or regulation.

    (e) The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.

    (f) For purposes of (a)(12) of this section, a firearm on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a firearm without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it. A firearm on a person is not concealed if it is unloaded and is encased in a closed container designed for transporting firearms.

    (g) It is an affirmative defense to a prosecution under (a)(12) of this section that

    (1) either

    (A) the defendant convicted of the prior offense on which the action is based received a pardon for that conviction;

    (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or

    (C) a period of 10 years or more has elapsed between the date of the defendant's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(12) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory; and

    (2) at the time of possession, the defendant was

    (A) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or

    (B) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.

    (h) As used in this section,

    (1) "prohibited weapon" means any

    (A) explosive, incendiary, or noxious gas

    (i) mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death;

    (ii) rocket, other than an emergency flare, having a propellant charge of more than four ounces;

    (iii) bomb; or

    (iv) grenade;

    (B) device designed, made, or adapted to muffle the report of a firearm;

    (C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or

    (D) rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches;

    (2) "unconditional discharge" has the meaning ascribed to it in AS 12.55.185.

    (i) Misconduct involving weapons in the third degree is a class C felony.

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    AS 11.61.210. Misconduct Involving Weapons in the Fourth Degree.


    (a) A person commits the crime of misconduct involving weapons in the fourth degree if the person

    (1) possesses on the person, or in the interior of a vehicle in which the person is present, a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or a controlled substance into the person's body in circumstances other than described in AS 11.61.200 (a)(7);

    (2) discharges a firearm from, on, or across a highway;

    (3) discharges a firearm with reckless disregard for a risk of damage to property or a risk of physical injury to a person under circumstances other than those described in AS 11.61.195 (a)(3)(A);

    (4) manufactures, possesses, transports, sells, or transfers metal knuckles;

    (5) manufactures, sells, or transfers a switchblade or a gravity knife;

    (6) knowingly sells a firearm or a defensive weapon to a person under 18 years of age;

    (7) other than a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a person 21 years of age or older may possess

    (A) a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle;

    (B) a defensive weapon;

    (C) an unloaded firearm if the person is traversing school premises in a rural area for the purpose of entering public or private land that is open to hunting and the school board with jurisdiction over the school premises has elected to have this exemption apply to the school premises; in this subparagraph, "rural" means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or

    (8) being a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a student may possess a deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student has obtained the prior permission of the chief administrative officer of the school or district or the designee of the chief administrative officer for the possession.

    (b) [Repealed, Sec. 4 ch 63 SLA 1990].

    (c) The provisions of (a)(7) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.

    (d) Misconduct involving weapons in the fourth degree is a class A misdemeanor.

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    Just to clarify a couple of things.

    You can carry a gun on school property. Read the Gun Free School Law. (Federal)

    You can also carry fireams in Federal Building with the exception of Federal Courthouses if you are carrying for legal purposes.


    18 USC 930 Subsection D.

  18. #18
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    Default Allen

    Allen: Are you refering to this?

    (a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following:

    `(q)(1)(A) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    `(B) Subparagraph (A) shall not apply to the possession of a firearm--

    `(i) on private property not part of school grounds;

    `(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtain such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    `(iii) which is--

    (I) not loaded; and

    `(II) in a locked container, or a locked firearms rack which is in a motor vehicle;

    `(iv) by an individual for use in a program approved by a school in the school zone;

    `(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

    `(vi) by a law enforcement officer acting in his or her official capacity; or

    `(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
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  19. #19
    Member Float Pilot's Avatar
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    The State or municipal laws may be more restrictive in some areas. If the federal law says, You can eat tacos in your underwear on Saturdays, the States or Municipalities may still come up with some sort of statute regarding the other days of the week.

    Unfortunately you may end up in the slammer on a State or City charge for a weapons violation which is more restrictive than the federal guidelines. (ie I once drove through a State that had a 20 inch minimum barrel length for Shotguns back in the 1970s, while the federal limit is 18 inches. It took me months to get my shotgun back.) Although keeping the other prisoners entertained with constitutional legal therories may help to pass the time...

  20. #20

    Default

    With regard to the original question, long guns in a vehicle, WHY would anyone want to do it, legal or not? Basic Firearm Safety 101, taught in both the state hunter ed classes and the NRA gun safety classes. Unload your gun or walk if you're getting into my vehicle.

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