Answer:  Yes, under the circumstances you describe, a passenger in your vehicle that has immediate and unrestricted access to a concealed firearm in the vehicle could be charged with possession of a concealed weapon.

My advice would be to have some way of securing the firearm if you need to leave the vehicle.  I have a locking box in my own vehicle for this purpose since I might leave my daughter in the car while I run into a store.  I also encouraged my wife to get her CCW to prevent situations exactly like this from happening.

In addition, as a CCW permit holder, it is your responsibility to insure that unauthorized persons do not have access to your firearm.  Should this person gain access to your firearm and use it to harm themselves or someone else, you could also leave yourself open to charges of criminal negligence or in the event someone is killed, you could even be charged with manslaughter.

My advice is that if you can’t take your firearm with you when you leave your vehicle, lock it up.  Better safe than sorry…

This was a great question.  It is an excellent issue to consider if you live in a multi-family dwelling or apartment complex.  The questioner was being a very responsible person to be making sure that they minimized the opportunity for ‘collateral damage’ should they have to use a handgun for personal defense at home.

Mag-Safe and other frangible rounds will essentially break up on contact with any hard surface.  The Mag-Safe rounds in particular have a pellet core in the 9mm configuration and will not penetrate sheet-rock.  Most other frangible rounds have an epoxy core and again will not penetrate any hard surface that you might fire at.

Glaser Safety Slugs are another variety of ammo that is designed to avoid over penetration.  Glaser uses a jacketed round that contains a tightly packed lead shot projectile.  Again, the issue here is that in many cases the projectile does not achieve enough penetration to do significant damage to your intended target.  Thus, the lack of stopping power tends to defeat the purpose of using a gun against your bad guy.

There are a couple of versions of Glaser rounds that supposedly have different penetration characteristics.  The ‘blue’ version is supposed to penetrate a soft target 5-7 inches where the ’silver’ version is supposedly good for between 8-10 inches of penetration.  These tests are done using ‘ballistic gelatin’.  Last time I checked, ballistic gelatin does not wear heavy clothing or hide behind walls, doors, furniture or other objects, so I would take these penetration numbers with a grain of salt.

There is a potential for reliability issues with this type of ammo when used in a semi-automatic pistol.  It is generally not a ‘feed’ issue but a ‘cycle’ issue.  Many of these rounds are not powerful enough to reliably cycle a semi-automatic pistol.   I have used frangible ammo extensively during training exercises in shoot houses and in my personal experience, this has been an issue for certain weapons and calibers.

I would suggest a couple of things right off the bat.  First, if you do use something like Mag-Safe or any other ‘frangible’ ammo, I’d strongly suggest that you do not use it for concealed carry when you are ‘out in the world’.

Using frangible or pre-fragmented ammo is great if you are concerned about penetration in your home, but lousy if you need to shoot through a hollow core door, heavy concealment, a car door or something else that your bad guy is hiding behind.

The Federal Air Marshals did some testing with frangible ammo a few years back.  It is instructive that they now all carry standard hollow point defensive ammo and do not carry frangible ammunition.

If you are really concerned about over-penetration at home, I’d probably suggest having two different magazines.  Load one with a frangible round and put that one in the gun when at home.  Load the other one with a high quality defensive round and use that one when ‘out in the world’.

One last thing to consider…if you are shooting a high quality defensive round and hit your intended target, you should not have to worry about over-penetration putting your neighbors at risk.  It is only an issue if you ‘miss’.  With good marksmanship and situational awareness, you may not really need the frangible ammo at all…

Question:

Hi, I will be purchasing a shotgun soon for home defense and would like to ask a few questions as to what is best for me. I am female and am looking for a lightweight shotgun since having tried a Remington 870 in the range, I was tired after just a few rounds. I have come up with 3 models after some research:

Mossberg 505 Youth #57110 20ga. 4+1 capacity, 5 1/4 lbs.

Mossberg 500 Super Bantam #54210 20ga, 5+1 cap, 5 1/4 lbs.

Remington 1100 20 gauge youth stock (Remington LT-20)

I was wondering if you’re familiar w/ these youth shotguns and if so, which one would you get? There also is a Mossberg shotgun weighing 6 1/2 lbs. I’ve heard that lighter ones have more recoil, is this true with shotguns? If so, should I go with the 6 1/2 lbs.? Again, I want a lightweight shotgun with light recoil, if such a thing exists. Thanks.

Answer:

Thanks for your question. In my experience in teaching shotgun classes, many women have trouble with the considerable recoil of a 12 gauge shotgun. Sounds like your experience was consistent with this. I routinely recommend a 20 gauge shotgun for women or young teens as the recoil is considerably less.

As far as the weight is concerned, I don’t think a little over a pound difference in weight is going to be a big deal one way or the other. Some may say differently, but in my experience there is not a major difference.

The big difference in the youth model vs. the standard Mossberg 500 in 20 gauge is going to be the length of the stock, the reach to the trigger and the reach to the pump action. The youth models are engineered with a shorter reach to accommodate smaller bodies with shorter arms and fingers. If you are a person with a small build, then that might be just the ticket for you. If you have a more normal build, with a height of 5′ 7″ or taller, you might want to go with the standard model.

Here’s what you can do to determine if it fits you or not. Place the butt of the stock firmly in your shoulder, with your shooting hand holding the gun around the pistol grip area of the stock. You should be able to reach the trigger comfortably without stretching. With your non-shooting hand on the fore-end pump, your elbow should be bent at about 90 degrees. Again, you should not feel like you are reaching or stretching to hold the fore-end.

If you are using it strictly for personal defense, a 20″ or 22″ in barrel is what you should look for. If you are going to use it for defense and sporting purposes (hunting or clay target shooting) you should go with a 24″ barrel.

As far as ammo is concerned, look for reduced recoil ammunition. It is available in most gun stores or sporting outlets that cater to hunters. It will reduce the amount of felt recoil considerably. You should look for .00 buckshot (double ought buckshot). Bear in mind that if you shoot that load inside your house, it will penetrate drywall and hollow core doors easily. It will not penetrate cinder block or brick.

As far as the brand of shotgun is concerned, either the Remington or Mossberg would be a good choice. They are both high quality firearms. My personal preference is for the Mossberg as I have owned one for years and have had zero problems with it. It is also very easy to find parts and accessories for the Mossberg.

Once you purchase your gun, you should take it out and test what the pattern of the shot looks like at several distances. I would recommend that you test it a 5 yds, 10 yds, and 20 yds. Use a fresh target or piece of cardboard each time. You will need a target or a piece of cardboard at least 24″ x 36′. The purpose of patterning your shotgun is to see how much the buckshot spreads out as the distance increases. This will make it more apparent to you how critical the aiming process needs to be with your particular gun. Each shotgun is different, so that is why I recommend that you do it for your particular gun.

Recently I received this question regarding vehicle carry from an Arizona CCW permit holder.

Question:  I have an AZ CCW.  I have two questions on handguns I was hoping you could help answer:

1. Can I keep the gun in my truck’s armrest storage space with or without a holster?  Can it be loaded?
2. Can I keep the gun wedged between the driver seat and middle seat with or without a holster?  Can it be loaded?

Answer:  The short answer is “yes” to all of your questions.  As an AZ CCW permit holder, you are not subject to the ‘two steps removed from immediate access’ test that non-permit holders must meet for having a firearm concealed in their vehicle. 

You can keep your loaded firearm in the truck’s armrest storage compartment.  It does not need to be in a holster, although I would suggest that you secure it somehow so it doesn’t bounce around in there with the trigger exposed.  From a safety point of view it makes me a little nervous to have un-holstered handgun bouncing around loose.  You never know when something might lodge in the trigger well and potentially cause an accidental discharge.

As far as keeping the gun wedged between the driver seat and middle seat, you can go with or without a holster.  The trigger will be much better protected when it is wedged between the seats, so I am less concerned from a safety perspective.

You mentioned having your gun unloaded.  Personally, I keep my firearms loaded at all times when I carry them.  The only time they are unloaded is when they are locked in the safe.  If you need your handgun, you will REALLY need it and you probably won’t have the time to load it…so, I’d make sure that if you carry for personal defense, have your gun loaded.  If you have a pistol with a hammer, make sure it is down.  If you have one with a safety, make sure it is on.

There is no specific regulation for signage in Arizona regarding how one might prohibit a person from bringing firearms into a business, hospital or similar. 

Most of the signs say something like “No weapons are permitted on these premises” or “Carrying of any firearm, knife or other weapon of any type is prohibited on these premises”.  

You might add to the bottom of the sign that anyone violating this policy will be prosecuted under ARS 13-3102 - Misconduct with firearms and/or ARS 13-1503 - Criminal Trespass in a Non-Residential Structure if you want to add some additional ‘fear factor’.

That is generally sufficient notice under Arizona law that anyone, concealed carry permit holders included, cannot legally bring a weapon onto the premises.  

The sign needs to be large enough that the casual observer can see it upon approaching the entrance and needs to be prominently placed.  I would recommend near eye-level on the entrance door itself.

For the record, based on my experience and that of most law enforcement officers I know, this signage will only keep otherwise law-abiding citizens from bringing their weapons on the premises.  Anyone who is intent on criminal acts, violence or who is in possession of a firearm illegally or who has criminal intent will simply ignore the sign.

Then, only the bad guys will be armed inside the building.

Many students are curiousabout the laws concerning carrying a firearm in a vehicle. Since Arizonapermits “open carry” of a firearm, you can legally carry a firearm inany permitted location, as long as the firearm is in plain view.

This includes your vehicle.As long as a casual observer can see you have an unconcealed firearm, you arenot violating any the law.

If you want to conceal thefirearm in your vehicle, the easiest way is to get your AZ CCW permit. Then youcan legally conceal your firearm in your vehicle.

If you don’t have an AZ CCWpermit, your firearm can still be concealed, but it must be at least two stepsremoved from your immediate access. What this means is that you cannot have’immediate’ access to the firearm.

For example, if you put yourfirearm in the glove box, it is only one step removed from immediateaccess…you can open the glove box and grab your gun. If you have your gun ina case or holster and then put it in the glove box, it is two steps removed(you have to open the glove box and remove it from the holster or case).

If you wish to conceal afirearm in your vehicle, my recommendation is to get your Arizona CCWpermit…then you will not have any issues. Otherwise, you may be subject tothe court’s interpretation of whether or not you had ‘immediate access’.

Some have also asked aboutways to safely have immediate access to your firearm without having to put itin the glove box, console or map pocket of your car. There are at least twoholster manufacturers that I know of that sell holster systems that allow youto mount a holster in your vehicle.

Generally this is done bybolting the mount under the dashboard or in some other appropriate location.  When you get into your vehicle, you canplace your gun in the mounted holster giving you easier access to it. 

Believe me when I say thatthis can be a real issue for a lot of people. Depending on where you wear yourholster, you might have difficultly reaching it quickly when seated in thevehicle with your seat belt fastened. You can draw from a seated position inthe car, but it is difficult and requires practice to do quickly.

Without proper training,drawing from a seated position in a vehicle can be dangerous to both yourselfand other occupants of the vehicle. Holster mounts eliminate this as an issue.  If you want to get more information about holster mounts youcan visit http://www.sidearmor.net or http://www.fobusholster.com

There are several parts to this question, so let’s answer each in turn.

First, do you need an AZ CCW to carry an unloaded AR-15 in public? No, actually you don’t need to have an AZ CCW if you carry the rifle in plain view so that the casual observer can see you are armed. Similarly, in your vehicle, as long as it is in plain view, you are fine. Personally, I would suggest transporting it in the trunk of your vehicle in a case, but that is not legally required.

Second, can you carry to a private residence where there is a small gathering? Well, honestly the answer to this is up to your host. A private property owner can legally prohibit any private citizen from bringing firearms into their residence or place of business. They need only tell you that your firearm must be removed and you are legally compelled to comply. If you don’t they could potentially have you arrested for criminal trespass. If they are cool with the whole gun thing, you are completely good to go.

Third, you mentioned a small gathering and the presence of alcohol. The only thing more volatile than “guns and alcohol” is “testosterone and alcohol”. If there is going to be alcohol at the party, I’d suggest that at a minimum, you leave your ammo at home. I’d also suggest that once the firearms examination is over and the party really gets started that you lock your AR-15 back up in the trunk. There are a couple of reasons for this…one is the potential criminal and civil liability that you might face if someone negligently uses your firearm and there is injury, property damage or death as a result. I know you are probably saying…”but I didn’t bring any ammo”. You’d be surprised at who might have .223 ammo in the house and might be tempted to ‘load up’. Also, I had a former student visit a party after a trip to the range. He brought his range bag in with him since because of the neighborhood, he didn’t want to leave it in the car. It wasn’t a big party but there were some people there he didn’t know (friend’s of friends). When he got ready to leave, the range bag and it’s contents (2 glocks and 1 Sig, plus ammo) were nowhere to be found. I’m not suggesting that you should be mistrustful of your friends…but I think you get my drift.

I hope this answers your question and gives you some additional food for thought.

Stay Safe!

Doug