Constutional carry law

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jakeman

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So if you’re carrying with a permit and get pulled over, 13A will not kick in?


That's the way I read it, which means if you get a speeding ticket, and you're carrying under the auspices of the constitutional carry statute, you are by default in violation of the statute concerning illegal transportation of a firearm, and subject to arrest or citation ($70).

That seems wrong to me. Especially the part about if you're "pulled over" but not yet convicted for a moving violation. I believe in the integrity of most LE, but that seems to allow for abuses of the law by LE individuals and agencies that might have issues with integrity.
 

jakeman

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That's the way I read it, which means if you get a speeding ticket, and you're carrying under the auspices of the constitutional carry statute, you are by default in violation of the statute concerning illegal transportation of a firearm, and subject to arrest or citation ($70).

That seems wrong to me. Especially the part about if you're "pulled over" but not yet convicted for a moving violation. I believe in the integrity of most LE, but that seems to allow for abuses of the law by LE individuals and agencies that might have issues with integrity.


I'll add:

D. It shall be unlawful for any person transporting a firearm in a motor vehicle to fail or refuse to identify that the person is in actual possession of a firearm when asked to do so by a law enforcement officer of this state during any arrest, detainment or routine traffic stop. Any person who violates the provisions of this subsection may be issued a citation for an amount not to exceed One Hundred Dollars ($100.00).

So, my guess is each and every time someone is pulled over they will be asked if they are transporting a firearm, and if they admit they are and do not have an SDA license they will receive a citation, regardless of the reason for the stop. If they are and lie in order to avoid the $70 citation, and are found out, they get a $100 citation.

That seems like an excellent opportunity for a speeder who is otherwise a law abiding citizen to become a criminal with a record of a firearm crime.
 

bigred1

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I'll add:

D. It shall be unlawful for any person transporting a firearm in a motor vehicle to fail or refuse to identify that the person is in actual possession of a firearm when asked to do so by a law enforcement officer of this state during any arrest, detainment or routine traffic stop. Any person who violates the provisions of this subsection may be issued a citation for an amount not to exceed One Hundred Dollars ($100.00).

So, my guess is each and every time someone is pulled over they will be asked if they are transporting a firearm, and if they admit they are and do not have an SDA license they will receive a citation, regardless of the reason for the stop. If they are and lie in order to avoid the $70 citation, and are found out, they get a $100 citation.

That seems like an excellent opportunity for a speeder who is otherwise a law abiding citizen to become a criminal with a record of a firearm crime.
Just another good reason for keeping your license up to date.
 

Rollpin

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What exactly is the point of that, other than a money grab, or the ability to tack on charges where they would have been otherwise able to pre-Constitutional Carry?

Seems to me that it's implicitly pointed at minorities, who are probably more likely to not have a CCW card. In solidarity with minorities, I suggest they strike that portion of the law. It's racist.
 

bigred1

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It certainly sounds like an excellent reason not to carry under the constitutional carry statute, which doesn't aid our struggle to restore our firearm rights as granted by our Creator and guaranteed by the US Constitution.
I agree but also a while back I said I was going to keep my license til they get the bugs worked out in the constitutional carry.
 

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