Valet Parking
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- gaptrick
- OFCC Patron Member
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Valet Parking
Am I breaking the law by stowing a normally concealed carried firearm under the seat and then allowing a valet to park my car while I enter a posted building?
Unarmed people are vulnerable people, and criminal predators prey upon them.
AWRHawkin
"A story about a bird stealing a knife from a crime scene...and we're more interested in hearing about the Canadian with a gun.
Man, we need to get lives."
MWSY
AWRHawkin
"A story about a bird stealing a knife from a crime scene...and we're more interested in hearing about the Canadian with a gun.
Man, we need to get lives."
MWSY
- JustaShooter
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Re: Valet Parking
If it isn't locked up so that the valet can't access it, then probably - the law is a bit vague, but I think you'd be guilty of the following:
IANAL and all that, but I'd recommend finding a way to either lock it up so the valet couldn't access it, or unload and properly store it for transport as if you didn't have a CHL.
Since you would be exiting the vehicle, knowing you left the firearm where it was accessible to the valet.2923.16 Improperly handling firearms in a motor vehicle.
(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
IANAL and all that, but I'd recommend finding a way to either lock it up so the valet couldn't access it, or unload and properly store it for transport as if you didn't have a CHL.
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- gaptrick
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Re: Valet Parking
Thanks for the lesson. I thought there was something that mentioned "KNOWINGLY" somewhere in the ORC and thought it applied here, but I'm clearly mistaken.
I'll spell out my story once I get in front of a keyboard on a desk!
I'll spell out my story once I get in front of a keyboard on a desk!
Unarmed people are vulnerable people, and criminal predators prey upon them.
AWRHawkin
"A story about a bird stealing a knife from a crime scene...and we're more interested in hearing about the Canadian with a gun.
Man, we need to get lives."
MWSY
AWRHawkin
"A story about a bird stealing a knife from a crime scene...and we're more interested in hearing about the Canadian with a gun.
Man, we need to get lives."
MWSY
- WY_Not
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Re: Valet Parking
Would it be the owner who is breaking the law or the valet?
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- welshj
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Re: Valet Parking
My opinion on this- both. One knowingly, the other unwittingly.WY_Not wrote:Would it be the owner who is breaking the law or the valet?
Without a CHL, it is unlawful to transport without being stored in a case, separated from the ammunition and clear. For example, I get out of the car and leave my loaded firearm in the car with the wife. If a cop pulls up for some reason, and in the process- searches my vehicle... she gets charged with improper handling/transport of firearm in a vehicle... as she does not have a CHL. I possibly get charged with not securing it???, as I didnt lock the doors and secure it when I left. In other states like michigan, with handgun registry- she'd be in possession illegally, and I'd be in trouble for unsecured, and improper transfer.
Example for valet-
I come home late, and tired from work... accidentally leave my gun in the car glovebox. (Pants on, gun on guy... not gonna happen, but for instance....)
She gets up early in the morning and goes to the store not knowing it's in the glovebox.
Gets pulled over- same scenario.
Under the letter of the law, she's responsible for the contents of the vehicle as she's operating it. Unlawful transport/handling charge.
Just my thoughts... but ??
The only possible caveat I could think of-
How does any of this apply while on private property?
One would assume anywhere a valet service would be offered- minus a VA hospital (federal property) or a regular hospital- would be private property?
Six months in Bosnian conflict in '98.
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Two tours in Iraq '03-'04 & '05-'06
Currently deploying daily to toledo, oh!
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Re: Valet Parking
I first brought up the valet thing to legislators before we got the original law in 2004, and intermittently since. All I ever got in response was "Meh" or "Interesting, let me get back to you on that", which, of course, they didn't.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
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1911 and Browning Hi Power Enthusianado.
- JustaShooter
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Re: Valet Parking
My opinion is only the owner would be breaking the law. Since the law does say "knowingly", and the valet would be unaware of the presence of the handgun, I don't see how they would be guilty. The owner, however, "knowingly" left the gun in the car so that it was accessible to the valet.WY_Not wrote:Would it be the owner who is breaking the law or the valet?
Would the owner ever get prosecuted, or even arrested? Unlikely, unless something bad happened.
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- Glock Rock
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Re: Valet Parking
isn’t this where one of those $20 lock boxes with cable keep you legal?
https://thegunzone.com/best-car-gun-safes/
https://thegunzone.com/best-car-gun-safes/
- welshj
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Re: Valet Parking
Yes and no... lol.Glock Rock wrote:isn’t this where one of those $20 lock boxes with cable keep you legal?
https://thegunzone.com/best-car-gun-safes/
I use one in my truck all the time for work.
But, like my example with the wife- without her having a CHL, she cant have a weapon in the car with ammo in it, or loaded magazines... unless I'm in the car.
It's kinda stupid to me.
My fix for my problem is her to get her CHL.
My problem with the fix is getting her to shoot so she can actually take the class and hit something. She has the want for the class, has no interest in practicing.
She just wants to carry.
Smh... I dont know which scares me more.
Six months in Bosnian conflict in '98.
Two tours in Iraq '03-'04 & '05-'06
Currently deploying daily to toledo, oh!
Two tours in Iraq '03-'04 & '05-'06
Currently deploying daily to toledo, oh!
- JustaShooter
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Re: Valet Parking
I think yes for the valet, but as you noted, not for your wife assuming she knows the loaded firearm is there.welshj wrote:Yes and no... lol.Glock Rock wrote:isn’t this where one of those $20 lock boxes with cable keep you legal?
https://thegunzone.com/best-car-gun-safes/
I use one in my truck all the time for work.
But, like my example with the wife- without her having a CHL, she cant have a weapon in the car with ammo in it, or loaded magazines... unless I'm in the car.
Oh, and the loaded magazine thing has changed. AS long as the loaded magazines aren't inserted into the firearm, and the firearm and loaded magazines are stored properly, she can have a firearm and loaded magazines in the car when you aren't there.
Firearm in a closed package, box, or case
Loaded magazines in a compartment within the vehicle that cannot be accessed without leaving the vehicle or stored in a container that provides complete and separate enclosure.
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- welshj
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Re: Valet Parking
^ awesome to hear that... I've always considered it a pain in the butt.
Curious when it changed? I missed it.
I'm still kind of screwed on that front though... we have a jeep compass suv!
No separate compartments. Lol... everything is just over the seats...
Curious when it changed? I missed it.
I'm still kind of screwed on that front though... we have a jeep compass suv!
No separate compartments. Lol... everything is just over the seats...
Six months in Bosnian conflict in '98.
Two tours in Iraq '03-'04 & '05-'06
Currently deploying daily to toledo, oh!
Two tours in Iraq '03-'04 & '05-'06
Currently deploying daily to toledo, oh!
- JustaShooter
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Re: Valet Parking
It changed back in 2013 I think...welshj wrote:^ awesome to hear that... I've always considered it a pain in the butt.
Curious when it changed? I missed it.
I'm still kind of screwed on that front though... we have a jeep compass suv!
No separate compartments. Lol... everything is just over the seats...
In a Jeep, unloaded gun in a case (like one of those zippered gun pouches), under the seat, and loaded mags in the closed center console or closed glove box.
Christian, Husband, Father
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- OhioPaints
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Re: Valet Parking
An old thread wakes up:)
Leaving a firearm potentially accessible seems to me to be a violation of transferring the firearm to a potentially forbidden person. You don't know if the valet is prohibited and you are making no effort to check.
I won't use valet parking if I have to leave the gun in the car.
I may be wrong.
Ken
Leaving a firearm potentially accessible seems to me to be a violation of transferring the firearm to a potentially forbidden person. You don't know if the valet is prohibited and you are making no effort to check.
I won't use valet parking if I have to leave the gun in the car.
I may be wrong.
Ken
- JustaShooter
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Re: Valet Parking
That's one of the reasons I have a gun vault cabled to the frame of the passenger seat, and the key on a quick-release portion of my keychain so I can take the key with me.
Christian, Husband, Father
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