wrote...
That says "engaged in" and not 'on their way to be engaged
in'
You're still breaking the law.
There are a couple of exemptions that apply One is the "engaged
in" definition. It can be argued that driving to and from is still
being "engage in" and is a distinction that would most likely be
raised during any legal proceedings. The courts have better things
to do and would probably make an allowance for somebody obviously
going to or from any outdoor activities because of their intent.
The case would most likely never make it past the prosecutor because
of legal definitions, interpretations of the law and the laws
themselves. Another interesting fact is that "Montana has no
prohibitions against carrying a weapon in a motor vehicle, although
federal rules may apply in national parks."
http://www.doj.state.mt.us/enforceme...ledweapons.asp
Montana is different from other states and maybe that is what you
are basing your opinion on, but here a concealed weapon is only
considered "concealed" if it is hidden on your person. IIRC, a
weapon underneath a seat is considered concealed in California. I
actually learned much of this by asking a sheriff's deputy several
years ago and so my information is based upon something more other
than your (mis)interpretations of the law here.
Just to make sure, I just got off the phone with the Sheriff's
Department and asked again. I spoke to Sharon, you can give her a
call if you like at (406) 582-2100, who is the Sheriff's secretary.
The question I asked was that the law is clear on the exceptions for
carrying concealed weapons in regards to outdoor activities, but
what about if you are going to or from those activities. Would it
be alright to store the firearm underneath the truck seat? She said
yes, you can store it under your seat or in a "cubby hole" and that
is perfectly legal. It is only concealed if it is on your person,
I.e. in a coat pocket, purse, etc and only for those purposes would
you need a CWP. Basically, storing one under your seat or hidden
from view is somewhat encouraged for logical reasons. Having an
unlocked firearm visible in a locked vehicle is an invitation to
thieves, etc.
If a cop wanted to be an asshole because you failed the "attitude
test" by being a dick or if he was having a bad hair day, he could
still arrest you for having one "concealed" under your seat because
it isn't his job to prove guilt or innocence but to enforce laws.
This would not hold up in court, who combined with a jury are the
arbiters of guilt and innocence, so it would only be an
inconvenience. I run that risk (not being a dick because I am very
respectful to law enforcement officers and appreciate the hard work
that they do and what they put up with, but them having a bad day,
etc) every time I take my pistol anywhere and, as I have said
before, place my faith in the legal system. The benefits of storing
it under my seat outweigh the negatives IMO because my old truck is
very easy to break into.
You're another sorry example of the 'law-abiding' gun
owner.
Sorry, you lose. But thanks for playing. :-)
You lost.
Okay. :-)
--
Warren
(use troutbum_mt on either yahoo or earthlink to respond via email)