H. 3072 Poorly worded bill to protect the right to keep a firearm in a vehicle

H. 3072 will protect the right of a person to keep a firearm in his vehicle except on the property of a single family residence or “facilities that operate under a security plan approved by a federal agency.”  This bill will also provide civil immunity to parties required to allow a firearm to remain in a vehicle for any harms resulting from those firearms.

The firearms and ammo must be locked out of sight within the vehicle.  A better wording would be to require only that the firearm and ammo be within a locked or attended vehicle so as not to force CWP holders to unnecessarily handle a firearm to disarm.  The attended or locked vehicle language is the same language used in Sections 16-23-420 and 430 for when CWP holders enter upon school grounds and has worked well.

As currently worded, a wife with a CWP could not legally drop off or pick up her husband while armed because when the husband opens the door to enter the vehicle, the firearm is no longer locked up.  Therefore, the firearm will need to be stored in a locked manner prior to entering upon the property.  Also, if someone keeps a handgun in a glove box or console that cannot be locked, then the firearm would need to be moved to a locked area of the vehicle prior to entering upon the property.  But, if the language only required a locked or attended vehicle, unnecessary handling of firearms could be avoided.

H. 3072 provides redress for any harms suffered as a result of violation of the law, plus reasonable attorney fees.  But, this bill fails to make all such policies or rules null and void.

Overall, this is a good bill.  But, it would be nice to see it amended to only require the firearm be in a locked or attended vehicle rather than being locked up prior to entering upon the property.

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