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SHotgun in car





DLV84

New member
#1
Hey guys I read a law on gunstocarry saying that it’s alright to have a shotgun in your trunk as long as there isn’t one in the chamber, but having the tube loaded is alright, spoke to a coworker who told me that a federal law was passed where you can’t carry any ammo anywhere in the shotgun if it’s in the car, do you guys know which is the accurate scenario ?
 

Pandanin

New member
Forum Supporter
2019 Supporter
#2
Nevada Law
NRS 503.165 - Loaded rifle


Handguns
There is no law against carrying handguns in a vehicle. The handgun must be visible if on a person. Handguns in a glove box, on or under a seat are allowed. You will need a permit to conceal carry a handgun in a holster or pocket while in a vehicle.

Long Guns
There is however a law for carrying long guns and shotguns in vehicles. Whenever these firearms are carried in a vehicle they must be unloaded, this means there cannot be a cartridge in the chamber, but you can have a loaded magazine in the firearm. (emphasis added)


The coworker is probably referring to the Firearms Owners’ Protection Act, or FOPA. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. (emphasis added).

IANAL - the legality of this advice is worth what it cost
 

MAC702

LEGEN...wait for it... DARY!
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#3
The Federal law's stipulations, which also require a locked compartment, are only when you are in a jurisdiction where its protections would be needed. It is unneeded in Nevada, and most free states.

Long guns in vehicles in Nevada may have loaded magazines, but empty chambers. Handguns may be fully loaded.
 

DLV84

New member
#4
Thanks for clearing that up guys, I thought that you could have one in the trunk as long as the chamber wasn’t loaded, I think Pandanin was right about my co-worker referring to the FOPA act
 

jfrey123

I aim to misbehave...
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#5
You can have the shotgun in your lap so far as the NRS is concerned, just not chambered.

Anything Federally would likely pertain to transporting, especially through states where the weapon might be illegal but your destination allows the weapon. Locked and unloaded would apply when utilizing those Federal transport protections.
 
#10
So this makes me wonder if the law stipulates a shotgun or a rifle then a 10 inch Remington 870 AOW could be carried with a round in the chamber since it is neither a shotgun or a rifle...
 

Dusty

Obsessed Member
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2019 Supporter
#11
If you get pulled over by a game warden and he or she checks the chamber of a shotgun and it’s loaded, you will be fined and loose your hunter safety card. Resulting in having to retake your hunter safety. It pays to know the laws. My brother and a buddy were coyote hunting. They see a game warden. My brother not knowing the law tells his buddy hey unload that shotgun. His buddy starting racking the ol 500, leaving one in the chamber. Game warden checks all of the guns in the truck. My brothers truck and he was driving so he got the ticket.
 

MAC702

LEGEN...wait for it... DARY!
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#12
Tozan said:
So this makes me wonder if the law stipulates a shotgun or a rifle then a 10 inch Remington 870 AOW could be carried with a round in the chamber since it is neither a shotgun or a rifle...
NRS 503.165: Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; ...

Semantics between different legal definitions can get you out of trouble eventually, but may not be worth the trip. Nevada's definition of "loaded" is what applies here, which is why you can still have the magazine loaded, but not the chamber. Federal definition would mean no ammo in the gun. And now you want to hope you can argue a federal 'AOW versus shotgun' definition with a state cop? Good luck with that.
 

jfrey123

I aim to misbehave...
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#13
NRS 503.165: Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; ...

Semantics between different legal definitions can get you out of trouble eventually, but may not be worth the trip. Nevada's definition of "loaded" is what applies here, which is why you can still have the magazine loaded, but not the chamber. Federal definition would mean no ammo in the gun. And now you want to hope you can argue a federal 'AOW versus shotgun' definition with a state cop? Good luck with that.
The NRS commonly refers to Federal definitions of firearms in other sections (such as where 202.3653 states that a ‘handgun’ is what is defined under 18 USC 921 a29). With the state lacking their own definition of a rifle or shotgun, one would think we must go by Federal definition on those items.

Unlike the difference in “loaded”, which does have a NRS definition, which is germane to the situation.

Given all those details, it’s logical to me that an AOW should be lawful to leave chambered in a car. However, I 100% agree with you it’s not worth the fight and plenty easy to err on the side of caution in this case.
 
#14
NRS 503.165  Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions.
1.  It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.
2.  A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.
emphasis added
3.  The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.

https://www.leg.state.nv.us/NRS/NRS-503.html#NRS503Sec165

I encourage people to read the actual statues themselves. The police who pull you over will know them, you should as well.

In NV you can legally carry a long gun with rounds in the magazine or tube in your vehicle, but you cannot carry one in your vehicle with a round in the chamber.

Should mention the usual warning about knowing where you are and where you cannot legally take firearms...

EDIT: Corrected to carry with rounds in mag, not chamber.
 
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#15
Nevada state laws have to defer to Fed law on defining shotguns an AOW is not by definition a shotgun. My 870 has a standard type pistol grip it also has a 10 inch barrel so, it looks more like a handgun. On a 4473 it is not listed as a rifle or a shotgun so it would really be a stretch to be charged for it.

A shockwave is listed in the following way on a 4473

How is the Mossberg Shockwave identified on a FORM 4473?
a. Answer to Question 16: X Other Firearm
b. Answer to Question 27: [Type] Pistol Grip Firearm

The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

(29) The term “handgun” means—
(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.

An AOW has a pistol grip and can be fired with one hand.
 

jfrey123

I aim to misbehave...
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#16
@Tozan The handgun definition isn’t helpful when discussing a Shockwave because, even though it is a “pistol grip firearm” right on the 4473, it would be illegal to refer to it as a handgun. Federal law makes handguns with a bore over .50” illegal. (More convoluted bs from people who don’t understand guns in general, amirite?)

Best stick with the clear descriptor of an AOW, and as we’ve said, the firm knowledge that your AOW is not a shotgun and leave it at that.
 
#17
@Tozan The handgun definition isn’t helpful when discussing a Shockwave because, even though it is a “pistol grip firearm” right on the 4473, it would be illegal to refer to it as a handgun. Federal law makes handguns with a bore over .50” illegal. (More convoluted bs from people who don’t understand guns in general, amirite?)

Best stick with the clear descriptor of an AOW, and as we’ve said, the firm knowledge that your AOW is not a shotgun and leave it at that.
I agree, very good point. For the most part I was just haveing fun pointing out how gun laws and their stupid definitions are always a problem. ATF has to make things up as they go and they like changing things they really have no power to change.