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I agree with Tim, but let me play Devil's Advocate...

 

Does the law or administrative code define "Constructive Possession"?

 

You have a loaded magazine in your trunk. You have the firearm for which the magazine is intended, also in your trunk - separate from the magazine. Even though they are in separate containers, are you not in constructive possession of a loaded firearm in a vehicle?

 

Discuss.

 

Adios,

 

Pizza Bob

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I agree with Tim, but let me play Devil's Advocate...

 

Does the law or administrative code define "Constructive Possession"?

 

You have a loaded magazine in your trunk. You have the firearm for which the magazine is intended, also in your trunk - separate from the magazine. Even though they are in separate containers, are you not in constructive possession of a loaded firearm in a vehicle?

 

Discuss.

 

Adios,

 

Pizza Bob

That would be a HELL of a Stretch Bob. if it gets to the point that your trunk is being searched, you have a hell of a lot bigger problems that "Comstructive Possession" due to separately secured magazines being in the trunk with a locked handgun. That said, I have no doubt that SOME County prosecutor would try that scenario.

 

Stephanie, Title 39 is the Motor Vehicle Code, that deals with MV violations only.

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Yeah I know. Just couldn't remember if transportation of firearms was covered in there anywhere. It's been a million years since I cracked that book.

Nope, it isnt covered. Title 39, with the exception of the Quasi-Criminal aspects of DUI, CDS in a Motor Vehicle, and Driving Revoked which are arrestable offenses, stays clear of pretty much everything else covered in 2C.

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can i have my ammo in the box it came in and my gun in a locked plastic box together in my range bag? or do i need to seperate both?

 

 

Yes. And I think we have pretty well established that there is no need to unload your mags. Just separate them from the gun. Separate containers, also means separate compartments of a single range bag - just FYI.

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Wish I felt that comfortable living in this state. I went shooting at a match, forgot I had a mag in my pocket on the way home. Pulled over as soon as possible to throw it in the lock box. I hope to someday not even think about things like that.....

 

Well.. just as long as you didn't forget that you where CCW'ing in PA and drove over the border.. then you could have a problem :icon_e_surprised:

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