Cased weapons

[TNL]

OK, you can tell hunting season is over and people have cabin fever. I got into spirited discussion with one of the guys from deer camp about cased weapons (long guns) in a vehicle during firearm and muzzleloading seasons.

He says a gun is cased if it is totally empty and zipped at least a little bit in a soft case, at least one buckle is clamped in hard case, or wrapped in some sort of blanket/sheet/garmet.

I maintain that it has to be totally empty and completely zipped or buckled. Wrapping in fabric is a possiblity only if it is secured by some sort of tie --rope, string, belt, etc.

Please discuss. A lunch rides on this one. Thanks.

TNL

[Little Roober]

I know a guy that had left his soft case open at one end about 6 inches and almost got ticketed. The CO gave him a warning because it was unloaded and it was only a few inches. I'd say that the case, hard or soft, must be completely closed to be legal. I don't know about the blanket idea...Only in a pinch I guess...

[Blueump]

"At all times, rifles, shotguns, muzzleloading and other firearms and bows and arrows carried in or on any type of motor vehicle, including ORVs and snowmobiles, must be unloaded in both barrel and magazine, and either enclosed in a case, or unstrung, or carried in the trunk of a vehicle with a trunk. These rules apply whether your vehicle is parked, stopped, moving or is on private or public property."

A blanket is not a "case".
Zipper open is not "enclosed".

The purpose behind the rule is to prevent the driver or passenger from quick access to the firearm. Having a zipper open on a case, or the snaps not completely closed, or having it wrapped in a blanket is a violation of the law. Looks like you owe me lunch too?

[boehr]

OK, you can tell hunting season is over and people have cabin fever. I got into spirited discussion with one of the guys from deer camp about cased weapons (long guns) in a vehicle during firearm and muzzleloading seasons.

He says a gun is cased if it is totally empty and zipped at least a little bit in a soft case, at least one buckle is clamped in hard case, or wrapped in some sort of blanket/sheet/garmet.

I maintain that it has to be totally empty and completely zipped or buckled. Wrapping in fabric is a possiblity only if it is secured by some sort of tie --rope, string, belt, etc.
Please discuss. A lunch rides on this one. Thanks.

TNLYou are correct, plain and simle. I have wrote tickets to those without their guns completely enclosed in a case. Have had trials too, the law and I won.

[alex-v]

A blanket is not a "case".
Zipper open is not "enclosed".
Two points.

Using the quotation you provided it would seem that the blanket is just fine if the gun is in the trunk of the vehicle.

The second point seems to be very valid using the quote and plain old common sense and should pass any interpretation of the court. "Enclosed" meaning just that, closed up and coved and not exposed.

I have not heard of any LEO or CO objecting to a gun in the trunk of a vehicle if the gun was in a blanket, towel, or in one case I watched, in a paper bag.

[alex-v]

You are correct, plain and simle. I have wrote tickets to those without their guns completely enclosed in a case. Have had trials too, the law and I won.
Are these cases of a gun in the trunk of the vehicle?

In the quote provided by "Blueump" I do not see anything that says the gun in the trunk has to be cased.

[boehr]

If a gun is in the trunk of a vehicle (and trunk lid closed), inaccessible to the occupants of the vehicle, you don't even need a case at all (if you don't car about you gun getting banged up).

[Little Roober]

So would you be able to leave an uncased gun in the bed of a pickup?

[TNL]

Thanks guys.

This discussion I had with my hunting buddy stemmed from a whole different discussion about road hunters. We were wondering how they would able to do it legally because of the time it would take to uncase, load, aim, and fire. He thought someone could get around the case part by simply having it barely enclosed as possible to the minimum requirement of the law, therefore cutting the time it would take for the above to happen.

Thanks, Boehr, for again giving thoughtful and decisive answers with actual real world examples.

Blueump, if we ever meet out in the field sometime, I'd be happy to buy you lunch.

[CL-Lewiston]

Gun in bed of truck uncased=ok-just dont be in the bed shooting it. That is an entirely different critter.

The other one they like is laying the cased, zippered gun on the front seat. Getting all hunting clothes on and other equip ready. Then unzip the case and slide the gun out and zippo you have one ticket-or the reverse of arriving back at the vehicle from hunting=same result. What is the hunters intention? you will be told that 'intentions dont count'-only laws as already noted.

[boehr]

So would you be able to leave an uncased gun in the bed of a pickup?Only in you had a cap on the truck and nobody was riding in the cap and no slider back window, otherwise it would be just like a hatchback which you would have to have it in a case.

Another thing to consider, going exactly by law for the pickup, one would be required to have it in a case because the bed of a truck is not a trunk.

[morg77]

Reading the quoted law about a weapon being completely unloaded "must be unloaded in both barrel and magazine". I see how this aplies with a firearm that has an internal magazine. Does this also include removable magazines that would be stored away from the firearm? For example I carry a hand gun when deer hunting. It would make things a lot easier, and keep my fingers from going numb, to be able to have a magazine loaded and stored in my back pack away from my gun cased in the back of my truck. Kind of seems like a dumb question I know but just figured I'd ask.

[malainse]

What you are doing is legal...

If magazine is left in the gun then it must be empty..

If the magazine is removed from the weapon it is considered unloaded ,regardless if ammo in the mag or not.....

[Patriot42]

Looks like we have really gone astray on this one............loaded FIREARM law (not loaded magazine law) was mainly a saftey law. Also happens to protect game. A loaded magazine is neither unsafe nor can kill anything in my eyes. Might be why there is no law against them. Probably even more safe than a capper full of muzzle loader caps which also are not illegal.

[morg77]

I realize the law is to prevent someone from driving with a loaded "firearm", and that a loaded magazine itself is not dangerous and can't kill anything. A loaded removable magazine does however make it much faster to load, charge and fire a weapon. If for instance someone were to try and stop their vehicle to shoot at game in a field, or anything else. Since the law as quoted didn't make a distinction between internal or removable magazine thats where my question came from. I thougt it seemed somewhat related. Sorry if I've strayed to far from the topic.

[casscityalum]

I know you can also have your ammo in the case with your gun as long as the gun in unloaded and case in shut completly.