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Thread: Does a Holster Count as a Case

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    Binable is offline Junior Member
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    Does a Holster Count as a Case

    It seems like someone told me a gun must be in a case if being transported in a vehicle. ..not sure if this is true or not. Would a holster count as a case? Heck, I saw a military holster the other day that dang near completely enclosed its handgun--not much of the gun was showing. Would a holster like this count as a case? What about a holster that revealed more of the firearm?

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    Cait43 is online now Senior Member
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    Highly unlikely.........

    By definition the answer is no............
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    No. However in most states, you are not required to case your sidearm when traveling in a motor vehicle. You may keep it in your holster.*

    Now if you are traveling through a state which does not honor your permit or does not allow open carry, you must case your firearm, unloaded, with the ammunition separate, and placed in a location where it is not within your reach.


    * This assumes you either have a carry permit and/or you live in a state where you can carry openly.

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    Think they would need to be in a lockable secured case.

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    SouthernBoy's Avatar
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    Quote Originally Posted by BackyardCowboy View Post
    Think they would need to be in a lockable secured case.
    Most gun cases shipped with a handgun are lockable. And lockable does not mean locked. As I understand the 1986 FOPA, the most significant part is that the firearm(s) be in a location that is not immediately accessible to the occupant(s) of the vehicle. I'm not sure about them being required to be locked. I also have it on pretty good authority that Maryland and New Jersey are notorious when it comes to traffic stops of out of staters who have properly stored firearms being arrested and told they'll just have to work it out in court.

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    In RI, you are required to have your gun cased in the car, preferably locked into it. A holster doesn't do it, legally. A soft pistol rug is OK if it is not accessible from the driver's seat, given the "locked" part, but a hard case is preferred.

    As said above, though - things change from state to state and RI is pretty tough on that.

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    SouthernBoy's Avatar
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    Quote Originally Posted by SailDesign View Post
    In RI, you are required to have your gun cased in the car, preferably locked into it. A holster doesn't do it, legally. A soft pistol rug is OK if it is not accessible from the driver's seat, given the "locked" part, but a hard case is preferred.

    As said above, though - things change from state to state and RI is pretty tough on that.
    I assume this is a moot point if you have a carry permit. Does RI allow open carry?

    Also in Virginia, you do not have to have a concealed carry permit to conceal your sidearm in a glovebox or a console. That is perfectly legal. And neither of those containers need be locked.

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    Quote Originally Posted by SouthernBoy View Post
    I assume this is a moot point if you have a carry permit. Does RI allow open carry?

    Also in Virginia, you do not have to have a concealed carry permit to conceal your sidearm in a glovebox or a console. That is perfectly legal. And neither of those containers need be locked.
    RI has NO open carry, unless you are LEO or licensed security.

    Even CC is all fcuked up. It is supposed to be "shall issue" through your local PD, or "may issue" through the attorney general's office. Of course, no local PD's have a "system" in place to deal with it, and refer you to the state AG's office.

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    No, a holster is not a case.
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    Quote Originally Posted by Binable View Post
    It seems like someone told me a gun must be in a case if being transported in a vehicle. ..not sure if this is true or not. Would a holster count as a case? Heck, I saw a military holster the other day that dang near completely enclosed its handgun--not much of the gun was showing. Would a holster like this count as a case? What about a holster that revealed more of the firearm?
    In what state are you referring to? Depends on that particular state's statute. Here's Florida's for example:

    790.001 (17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

    Strickly speaking, I don't believe a " gun case" is considered a "holster" and vise-versa.

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    Binable is offline Junior Member
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    The NRA really needs to push hard on Reciprocity. It's really difficult keeping up with the laws. I'm in Illinois & we've been battling the 2nd Ammendment issue for the last two yrs. These guys could change tomorrow whatever the law is today. ..appreciate the input.

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    Quote Originally Posted by Binable View Post
    The NRA really needs to push hard on Reciprocity. It's really difficult keeping up with the laws. I'm in Illinois & we've been battling the 2nd Ammendment issue for the last two yrs. These guys could change tomorrow whatever the law is today. ..appreciate the input.
    I agree with you.
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    Quote Originally Posted by denner View Post
    I agree with you.
    Yup! Same for driving rules.

    I think the overly-regulated states like RI, NJ and MA f'r'instance, hate the thought as it would undoubtedly mean they'd have to loosen up. The under-regulated (by comparison - not chucking rocks here) worry that they'd lose "freedoms" they currently enjoy. I don't honestly think ANYONE is pushing for full reciprocity when they actually think about averaging out the laws..... And we all know that would be the outcome.

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    In places that require you to have your gun in a case, that case usually has to have a means to be locked. A holster does not meet those requirements. I am not saying that you have to have a lock of some sort, on the gun case. Different places have different rules to follow. Some states say you have to have a trigger lock on your firearm, and the gun cannot be loaded, and the ammo be stored in a different place than the cased gun is at.

    If you are traveling to some place that you are not familiar with, you need to do your homework before going. No need finding out the hard way.

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    If one is going to travel, one is smart to question authorities in the various states in which one is going to travel. Preferable through the State website which allows emails and questions. Do not ask handy police officers, if they make a mistake - even in good faith - the violator is still responsible under the law.

    Most places that require 'cased' firearms intend for the arm to be inaccessible to the driver - at least while driving. Usually locked in a case with ammunition not with the arm. Often the ammunition must be in a separate, locked container (case).

    All states have their own laws. The traveller is responsible for knowing the laws of the jurisdiction. Don't speed, make odd turns or cut off other drivers, either. It makes one look 'flaky'.

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