20 yr old and handgun

[martyv]

I have a 20 year old daughter that wants to keep a handgun in her car. Is that legal?

I know it is illegal for someone under 21 to have a concealed weapon, what about in the glove box?

I haven't been able to determine for sure online.

 

[AlleninAlaska]

You might want to go too the Alaska State web page and look under alaska statues on the State court system pages.

Statue 11.61.200 has something to do with firearms.

 

[akrstabout]

While she is in the car, it has to be visible. Once exiting the car, it is legal to "hide" it in the car.


This is so that if they are pulled over or anything, the peace officer can see it right away. I used to carry a gun in the car at various times as a teenager growing up in the valley. This is the info that troopers gave me. I believe I read somewhere too. Maybe in a link in one of the open carry discusions.

 

[lynch]

Permits

Permits

Might be a good idea for her to get a concealed carry permit. It is not required in Alaska but I hear the class gives a lot of good info. I have never taken the class but I think they go over gun laws and safety topics, probably good things for a 20 year old to learn. I have been told it is a quality class. Maybe some one on hear has more info. on this.

 

[AK Ray]

Might be a good idea for her to get a concealed carry permit. It is not required in Alaska but I hear the class gives a lot of good info. I have never taken the class but I think they go over gun laws and safety topics, probably good things for a 20 year old to learn. I have been told it is a quality class. Maybe some one on hear has more info. on this.

It is a quality class if you go to a quality instructor. You need to shop around these days.

To the OP, Federal law states you have to be 21 to buy a handgun. I can't find any state law that restricts handgun ownership. Maybe in the administrative code, but not in the statutes.

If under 16 you have to have an adult present when you are in possesion of a firearm. The laws do not differentiate between rifle or handgun. So if you are 16 or older you can posses a firearm without a adult next to you. You have to be 21 to apply for a CCW permit so in that requirement you might find a default opinion from the State that you need to be 21 to possess a handgun.

 

[martyv]

It is a quality class if you go to a quality instructor. You need to shop around these days.

To the OP, Federal law states you have to be 21 to buy a handgun. I can't find any state law that restricts handgun ownership. Maybe in the administrative code, but not in the statutes.

If under 16 you have to have an adult present when you are in possesion of a firearm. The laws do not differentiate between rifle or handgun. So if you are 16 or older you can posses a firearm without a adult next to you. You have to be 21 to apply for a CCW permit so in that requirement you might find a default opinion from the State that you need to be 21 to possess a handgun.

Thanks everyone. Was wishing for an absolute answer but I guess there isn't one. I'll keep reading the laws.

 

[scottr]

There -is- an absolute answer. It is in Alaska statutes. Don't know where, but it is there, if you look. Alaska statutes are pretty readable.
http://www.legis.state.ak.us/basis/folio.asp

And as you already know, she can't carry concealed nor can she get a permit until she is 21.

She can still take a CCW class, and a shooting/fighting class (usually these are not the same classes). Both are good for knowledge and skills, and she will be better for them.

 

[ADfields]

While she is in the car, it has to be visible. Once exiting the car, it is legal to "hide" it in the car.

Yup, she can have it in open carry but if it's in the car within her reach but out of view like in the glove box it is considered cancelled. She can't conceal till age 21 and so could be in violation of AS.11.61.220,a,6, sitting next to her on the seat in view is fine or in the trunk out of reach is fine. The law reads "on the person" but in practice it's in their custody and within reach.

 

[martyv]

Yup, she can have it in open carry but if it's in the car within her reach but out of view like in the glove box it is considered cancelled. She can't conceal till age 21 and so could be in violation of AS.11.61.220,a,6, sitting next to her on the seat in view is fine or in the trunk out of reach is fine. The law reads "on the person" but in practice it's in their custody and within reach.

Yeah, everything I was reading was "on their person". So the real definition is within reach and concealed is the same as concealed carry.

 

[ADfields]

Yeah, everything I was reading was "on their person". So the real definition is within reach and concealed is the same as concealed carry.

Legal definition soup and case law makes it somewhat of a gray area.

I think it depends on the cop, I have posed the question to 3 cops in regard to duty to inform them I have it . . . when is it "cancelled" and when is it just "stored" in a vehicle. Only one (a very young guy) said "on the person" means just on the body. The other two both brought up the custody and available within reach issues. Could be the young guy has more up to date info and is correct, or could be the other guys know something the the young guy didn’t, who knows.

In court I think (note the think part) as worded “on the person” would win out but who wants to hassle with it when you can just step to one side or the other out of the gray zone.

 

[Hunt&FishAK]

just the thing....police officers NEVER seem to know what they are talking about....ive had troopers tell me i cant have a gun in my vehicle, ive had APD tell me i cannot carry ammo with a firearm in my vehicle, but i have had both tell me no worries just so long as its out of reach or in sight...very disturbing really. i think all law enforcement officers should have to take classes every 6 months to reinstate thier badges. and im stickin to that!

 

[RMK]

Here's the problem

Here's the problem

There are statutes, and then there is "case law." Unfortunately the former rarely keeps up with the later.

When a cop stops you, the "court standard" is within reasonable grasp of the driver. Therefore, he can ask you to step out of the car, and check that area for a firearm. That doesn't include tossing the entire car.

If the cop finds a gun under the seat that was not disclosed, you could possibly charged with misconduct involving a weapon in the 5th degree.

Laws don't make sense, so don't be surprised that nobody can keep them straight. How goofy is that you can carry a gun in your pocket, but not brass knuckles?

How about this one. You can ride in the bed of pickup, but if you're in the cab, you have to wear a seat belt?

 

[AKDoug]

How about this one. You can ride in the bed of pickup, but if you're in the cab, you have to wear a seat belt?

You can? I've seen troopers around here issue tickets for not wearing a seatbelt to people in the bed of trucks.

 

[ADfields]

You can? I've seen troopers around here issue tickets for not wearing a seatbelt to people in the bed of trucks.

I thought seat belts were required for front seat only by Alaska law, I'll check it out. If they want to be hardazz I think they could get them for passengers in a cargo area since Alaska adopted part 49 (I think it is) ICC laws . . . maybe even unsecured cargo.