Reader comments: Gun storage in parked car passes tentatively
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Raymond Takashi Swenson | 4:01 p.m. Feb. 6, 2008
Vehicles are property, as are firearms, and the owners of vehicles have a superior interest in both their vehicles and their contents than the owner of a commercial parking lot. All parking lots post notices disclaiming responsibility for the safety of the contents of any vehicle, and that they are merely granting a license to park, and not accepting a "bailment" of the vehicle and its contents, which would make them an insurer of the safety of both car and contents. Since the parking lot owners disclaim any responsibility for the contents of a car, where do they acquire any right, title or interest in the personal property contained in a private car? They have no right to enter any vehicle to inspect or confiscate its contents. That would be illegal entry and theft. Even police need to have probable cause to believe that a vehicle contains evidence of a specific crime before they can search it. And lawful possession of a firearm is not a crime. Since garage owners have no right to enforce a gun ban by searching cars, why have one? Criminals will disregard it anyway.
Raymond Takashi Swenson | 4:11 p.m. Feb. 6, 2008
Additionally, a ban on firearms in parked cars is unreasonably burdensome out of all proportion to the alleged benefit. A ban at the parking garage means that the owner of the car and the firearm cannot transport his legal firearm in his own vehicle from the time he leaves home until he returns that evening. There is no legal precedent for an owner of land controlling the conduct of invited visitors away from his premises, yet that is the actual effect of such a ban. If drivers comply with a ban, they are prevented from carrying the gun in their own private vehicle on the public highways and to all other places they visit that day. They cannot go directly from work to a gun range, to a gun repair shop, on a hunting trip, to a job as a security guard, or protect themselves when carrying cash receipts to the bank. Parking lot owners have no right to control conduct off their premises, but that is what a gun ban does.
Fred | 6:21 a.m. Feb. 25, 2008
Wrong.
Feel free to your gun in your private vehicle.
Feel free to your gun on the public highways and to all other places you visit that day.
Feel free to go directly from work to a gun range, to a gun repair shop, on a hunting trip, or to a job as a security guard.
Feel free to protect yourself when carrying cash receipts to the bank.
But find another place to park.
Feel free to your gun in your private vehicle.
Feel free to your gun on the public highways and to all other places you visit that day.
Feel free to go directly from work to a gun range, to a gun repair shop, on a hunting trip, or to a job as a security guard.
Feel free to protect yourself when carrying cash receipts to the bank.
But find another place to park.
Comments continue below
Raymond Takashi Swenson | 10:19 p.m. Feb. 29, 2008
To Fred: Let us suppose that the owner of a shopping mall decides to ban anyone from carrying a knife. On what grounds does he get to search anyone to enforce this decree? None at all. If you invite the public onto your premises, you do not get any right to invade their privacy, to tell them what can be in their pockets or purses, what kind of underwear they wear, etc. If the owner of a premises believes that particular items should be banned, he has to set up some kind of enforcement mechanism. Government buildings like court houses and airports have metal detectors and inspection personnel. But commercial premises have no authority to do invasive searches in a bag or pocket. Besides, anyone who intends to commit a crime with a knife or gun is already willing to commit a felony, so what kind of sanction can a building owner possibly impose that exceeds 10 years to life or execution?
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