Possession of a Weapon in a Motor Vehicle

Possession of a Weapon in a Motor Vehicle: What You Need to Know

Federal Law

Under federal law, it is generally legal to transport firearms across state lines, as long as they are unloaded and not readily accessible. For example, the firearm should be stored in the trunk or a locked container. Ammunition must also be stored separately. There are some exceptions – for instance if you have a concealed carry permit issued by your home state, you may be able to transport a loaded handgun in your vehicle[3].

The federal law against possessing a firearm in furtherance of a “drug trafficking crime” or “crime of violence” may also apply if you are found with a gun while committing such a crime[1].

Overall the federal laws on transporting firearms interstate are more permissive than many state laws. But you still need to comply with all relevant state and local laws too.

State Laws

State laws on possessing firearms in vehicles vary widely. Some key things they may regulate include:

• Loaded vs unloaded – Many states prohibit carrying a loaded firearm in a vehicle without a concealed carry permit. Illinois law, for example, says you can’t have an immediately accessible, loaded gun in your car[1].
• Type of firearm – Some laws only apply to handguns or concealable firearms. Long guns like rifles may be treated differently. Colorado bans handguns in vehicles but allows rifles and shotguns[2].
• Accessibility – Storing a firearm locked in the trunk may be viewed differently from having it loose under your seat. Some states require it to be inaccessible.
• Permits – States that allow concealed carry often exempt permit holders from certain vehicle firearm bans. But even permit holders may have to follow rules on how the gun is stored.
• Private property – The laws may differ if you have a gun in a vehicle while parked on private property versus a public street.

So in summary, state laws vary quite a bit when it comes to transporting firearms in vehicles. Make sure you understand the laws of any state you are traveling in or through.

Local Laws

Cities, counties, and other localities may have their own ordinances restricting firearms in vehicles beyond their state laws. For example, Chicago bans all carrying or possession of firearms in vehicles without a valid FOID card or concealed carry license[2]. Many cities prohibit the possession of firearms in public parking lots or garages.

These local ordinances are often stricter than federal and state laws. If you are transporting firearms through different jurisdictions, check each one along your route. Failing to comply with a local law could still land you in legal trouble even if you are following broader state laws.

Defenses and Challenges

What if you are arrested for an alleged violation of laws on carrying weapons in vehicles? There are certain defenses and challenges that may apply in your favor:

• Lack of “readily accessible” firearm – If the law prohibits ready access to loaded firearms, you may argue this standard was not met[3]. For example, if the gun was locked in the trunk.
• Valid permit – If you held a valid concealed carry license, that can exempt you from many vehicle firearm bans.
• Private property – Localities can’t always regulate firearms in vehicles parked on private land. If you were on private property, this may be a defense.
• Second Amendment – Constitutional arguments against overly broad vehicle firearm bans have prevailed in some courts. But success is not guaranteed.
• Vagueness – If the law is too vague on what is prohibited, you may argue it is unenforceable. Terms like “readily accessible” may be challenged.
• Unintentional violation – You may argue you made an honest mistake and had no intent to break the law. But this rarely gets firearm charges dropped entirely.
• Self-defense argument – In rare cases, a compelling self-defense need for the firearm may excuse an otherwise illegal carry. But the bar is very high here.

If charged under a vehicle firearm ban, consulting an attorney experienced with gun laws is highly recommended. They can assess any potential defenses in your specific case. But avoiding violations in the first place should always be the goal.

Policy Considerations

Arguments For:

• Reduce firearm thefts from vehicles
• Limit impulsive acts of violence during road rage incidents
• Discourage illegal carry in public places
• Enhance public safety in sensitive areas like schools

Arguments Against:

• Infringe on Second Amendment rights
• Prevent lawful self-defense uses
• Open to subjective enforcement

Given these considerations on both sides, expect vigorous legal debates on vehicle firearm laws to continue. The details matter in balancing individual liberties and community safety.