? on firearm & ammo secured in auto

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  • cowboy321

    Active Member
    Apr 21, 2009
    554
    Please educate this oldMan:

    Why is it illegal to have firearm & ammo secured in your vehicle, parked near the Capital? I wouldn't call 300 block of NJ Ave, Federal Property, even if Federal property, why is it illegal?



    https://wtop.com/dc/2018/08/police-say-man-who-had-weapons-ammo-in-vehicle-near-capitol-arrested/

    No one can legally have a firearm or ammo in their car unless a resident of DC or driving through DC to a range or hunting trip. Some 22 cartridges in your glove box can land you in jail. Try looking at the laws for Manhattan.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,453
    Westminster USA
    I don't think the public street is Federal Property.

    But I'm not LE
     

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    platoonDaddy

    Ultimate Member
    Jun 30, 2011
    4,146
    SouthOfBalto
    I don't think the public street is Federal Property.

    But I'm not LE


    Exactly my point to him, but he said oldMan that is Federal Property. Should have asked him if he was referencing the parking spaces or the whole street.

    Actually I will send email and share his reply.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,240
    Outside the Gates
    His reply: Capitol Grounds map attached. Roadway is Capitol Grounds. North sidewalk is not. Vehicle was in roadway

    Since I am a map nerd I looked at multiple maps to understand this.

    Actually anywhere below Louisiana Ave north of C is within the Capitol Grounds and would be described as "the 300 block of NJ Ave NW" Sidewalk would only come into play on the north side of Louisiana; NJ Ave and its sidewalk on both sides is either within or not with Louisiana being the border.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    No one can legally have a firearm or ammo in their car unless a resident of DC or driving through DC to a range or hunting trip. Some 22 cartridges in your glove box can land you in jail. Try looking at the laws for Manhattan.


    1) In DC if non residents fully qualifies under FOPA, ie your firearm is unloaded and secured as is your ammo, and your transit is reasonable and necessary you are OK. There is not a single FOPA qualified transits prosecuted. Under FOPA you do NOT need a reason, ie you do not need to be going to a range or hunting trip, but from one place where you can legally posses those firearms to another jurisdiction where you can legally posses. You don't need a reason. you are obviously not covered if you stop to sight-see, vist friends etc.

    2) as far as DC law for registered firearms owners it is not about residency since non residents can register them there. you need to be going to a legal activity. but that legal activity can be open carrying in Virginia which does not require a ccl, even at 3am no legal registered owner in DC is going to need to "prove" they are going to range or hunting trip if they are intelligent enough to be practicing open carry in Virginia.

    The OP question is outside of FOPA, and in that case it is not legal no matter how he secured it if the gun is not registered in DC. and yes unsecured ammo, or ammo even if secured if possessed by a non registrant not complying with FOPA or 7–2502.01 is not legal -- not just like Manhattan but like a number of jurisdictions.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    In DC your gun has to be registered to be in possession or you’re traveling to and from the range. Parked near the Capital would indicate a tourist with a non registered firearm in the district and obviously not going to/from the range directly

    Article doesn’t indicate charges but I’d bet my next paycheck on the Misd charge of Unregistered Firearm

    Look, your point on stopping voiding protection under DC or FOPA, and on general precautions and stringent DC law is well made. But DC has not successfully prosecuted a single qualified and complying FOPA individual. so while you are right on 7–2502.01 (local law), in fact under FOPA the transit does not have to be to a specific activity, just one jurisdiction where possession by that individual is legal to another where it is legal, (obviously FOPA secured and without stopping or unreasonable deviation).
     

    marko

    Banned
    BANNED!!!
    Jan 28, 2009
    7,048
    If you didn't click on the story, here are the pertinent facts. -

    The owner arrived on the scene not long after the officers saw what appeared to be a firearm inside.
    The vehicle’s owner consented to a search, and a weapon, ammunition “and other items” were recovered from the vehicle. The owner was arrested.

    WHY OH WHY would leave anything firearm related VISIBLE in your vehicle? So much unsmart going on here.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,667
    Columbia
    Haha. Trump should at least issue an executive order telling Federal agents (US Capitol Police in this case) to not enforce ******** unconstitutional anti-2A local ordinances. It’s one thing for MPD to have to carry water for the commies on the DC Council, it’s another for Feds to help them out.



    It would be completely illegal for Trump to do that


    Sent from my iPhone using Tapatalk
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    Friend works for USCP, he said the 300 blk of NJ Ave is Federal Property, therefore they made the arrest.

    I'm not certain but am pretty sure that a half dozen or more federal agencies (ge FBI, FPS, USSS, USCP) have uniformed personnel with full police powers in DC. I don't believe they need to be in any particular place to affect an arrest.


    DC was forced to issue CCW's, therefore if (lets just talk DC resident) CCW holder departs his house in a vehicle and ends up at a gun free zone, is it illegal for him to secure his weapon in his vehicle, while doing whatever in gun free zone?

    there are not so much prohibited 'zones' (with exception of white house and capital) ie places extending from a property, but the property itself.

    EG If you are driving into the parking lott of a school you are not in a zone, but inb the school property in a prohibited place entirely. So it legal for CCL holder to go pick up your kid with your CCW on foot if you wait on sidewalk, or by car if you park in front at a school. But if you are in car and you have to go in and sign your kid out the idiot construction of the law means unchamber a round sitting in a car on a DC street in front of the school, which compared to simply securing the loaded gun like most states, which is idiotic.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    WHY OH WHY would leave anything firearm related VISIBLE in your vehicle? So much unsmart going on here.
    yeah, if it was visible and unsecured in visible area he would be breaking the law in most US jurisdictions.

    Do keep in mind under nationally precedent setting case law a purpose built firearms case which often can satisfy securing law, even if locked, alone constitutes reasonable suspicion to search that case. That is why intelligent gun owners use anything but a purpose built gun case.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    Please be patient.

    The Republican Trifecta Machine is working towards securing more of our second amendment rights.

    But first they need to deal with national reciprocity, national concealed carry, open carry in national parks, and tax stamp free sound suppressors.

    If that was sarcastic, I don't know if I get the point. Those all have virtually 100% GOP senate and House support even among so called rinos. You need to understand they need 60 in the Senate to bust a filibuster which would certainly e done b Maryland, California and NY Senators, and that is game over and there are NOT 60 GOP senators.. So those are not broken promise from the GOP. They constitute legislation where a serious effort was made and which ran up against impossible to defeat numbers.
     

    bigmanindc

    Active Member
    Nov 3, 2018
    463
    DMV
    1) In DC if non residents fully qualifies under FOPA, ie your firearm is unloaded and secured as is your ammo, and your transit is reasonable and necessary you are OK. There is not a single FOPA qualified transits prosecuted. Under FOPA you do NOT need a reason, ie you do not need to be going to a range or hunting trip, but from one place where you can legally posses those firearms to another jurisdiction where you can legally posses. You don't need a reason. you are obviously not covered if you stop to sight-see, vist friends etc.

    2) as far as DC law for registered firearms owners it is not about residency since non residents can register them there. you need to be going to a legal activity. but that legal activity can be open carrying in Virginia which does not require a ccl, even at 3am no legal registered owner in DC is going to need to "prove" they are going to range or hunting trip if they are intelligent enough to be practicing open carry in Virginia.

    The OP question is outside of FOPA, and in that case it is not legal no matter how he secured it if the gun is not registered in DC. and yes unsecured ammo, or ammo even if secured if possessed by a non registrant not complying with FOPA or 7–2502.01 is not legal -- not just like Manhattan but like a number of jurisdictions.


    Don't think non residents of DC can register firearms in DC unless they are registering a firearm for CC that they received a DC license for and I don't think open carry in Virginia applies to out of state residents but that might have been what you were saying in your statement and I'm reading it wrong.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,453
    Westminster USA
    ? on firearm & ammo secured in auto

    Not completely true. CCW instructors can register a firearm for training purposes not related to CCW according to an instructor on the forum

    Anyone including non residents can OC in VA no permit needed
     

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