On Aug 14, 2005, at 2:46 PM, Clayton E. Cramer wrote:
I recall being told that Massachusetts prohibits LTC holders from
leaving a gun in a car--creating a
difficult situation for LTC holders who have a gun with them, but must
enter a prohibited area. I don't know
if this is a regulation imposed on LTC holders, or a statutory
prohibition.
It's one and the same thing, since in Massachusetts it is illegal even
to OWN a handgun without having an LTC.
One suggested way around this problem is to carry the upper slide
assembly into the prohibited area. Since case law has ruled that a
device that is not capable of firing a shot is not a firearm, the
theory is that leaving half a handgun in your car is not leaving a
handgun in your car. It's also not carrying a handgun into the
building, even if the building is federal, since federal law says the
frame is the handgun. I know of nobody who has tried this.
But again, the better approach would be to argue that it is abundantly
clear by case law that leaving a handgun in your car does not
constitute "carry," and that is all that is prohibited.
--
Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty
Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch
http://libertyhavenranch.com
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