Transport assumption

The transport assumption, otherwise known as the traveler assumption, is an American legal doctrine of gun use which states that a person lawfully possessing a firearm that is found in a personal vehicle must be assumed to be transporting the weapon, which is legal for a lawful firearms owner to do. This doctrine is generally given as an exception or affirmative defense to state or local laws that otherwise restrict or prohibit possession of a concealed weapon.

Purpose

The transport assumption provides a specific yet broad definition of "travelling" as "carrying a firearm within a personal or authorized vehicle". Previously, definitions of transportation or travel were more specific or non-existent, and case law and judicial interpretation of the statute generally inferred long-distance travel and required the firearm be secured and placed in the trunk or cargo area of the vehicle. Through this narrow definition, law enforcement officers often abused gun possession/carry laws to intimidate or discriminate, sometimes leading to arrest and prosecution of persons found with a firearm in their vehicle on charges of unlawful possession, unlawful carry, or brandishment of a firearm.

Concealed carry in vehicles

This doctrine, as codified and interpreted by some jurisdictions, grants citizens the ability to carry a concealed weapon in a personal vehicle without a permit, even if the state otherwise requires a permit to carry a concealed weapon or bans concealed carry altogether. The traveler assumption is generally combined with Castle Doctrine to argue this ability; Castle Doctrine states that a person is justified in using deadly force to prevent death, bodily injury, and many times loss or damage of property while in one's home, business or vehicle, however in many cases unlicensed concealed carry of the firearm outside the home was previously illegal. The traveler assumption forces law enforcement officials to assume a gun found in a vehicle is being transported and therefore lawful, unless there is compelling evidence to the contrary. The combination thus allows an individual to lawfully keep a weapon in a vehicle to defend themselves and their vehicle. Usually the weapon must be kept out of plain sight unless in a state allowing open carry. Few States have this law on their books.^[1]

Examples in law

• Texas: Penal Code §46.02. In part, "A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the person's own premises or premises under the person's control; or (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control", unless the person carries inside a motor vehicle and "the handgun is in plain view".^[2] In summary, while in or heading directly to or from a motor vehicle, a person in Texas may keep a concealed handgun accessible. Open carry of a post 1899 handgun is illegal in Texas, so the handgun must be hidden. Long guns aka rifles and shotguns are legal to open carry in Texas.<Texas penal code 46>

• Florida: Statutes §790.25. In part, "it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use".^[3] Section 790.001(17) defines the term "securely encased" to mean "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.".^[4] In summary, you may keep a gun in its holster or in the glove compartment of a car in Florida.

• New Mexico: From the NM DPS website: "New Mexico law allows a person to have a concealed loaded firearm in his/her vehicle (including motorcycles and bicycles). If you are not licensed to carry concealed in this State, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle".^[5] New Mexico also allows open carry in most public places including vehicles.

• Arizona: Statutes 13-3102: Subsection A, Paragraph 2 prohibits in part "Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation", however Subsection F states in part that "Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation".^[6] Similar to Florida therefore, a gun may be kept in a holster or glove compartment. Arizona also allows open carry in most public places including vehicles.

• California: Section 12025 states in part "(a) A person is guilty of carrying a concealed firearm when he or she ... (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person". However, Section 12025.5 says "A violation of Section 12025 is justifiable when a person who possesses a firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety", and Sections 12026 and 12026.1 exempt those travelling through or temporarily in the State, and also exempt weapons kept in a locked container such as the trunk of a car.^[7] Therefore, in most situations a handgun cannot be kept available for defense purposes in a vehicle, but a weapon in a locked case is legal to have in a vehicle.

References