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15 evidence. Based on the appeals courtâs approach in Heller II, the District had to show that its firearms laws ââpromote a substantial governmental inter- est that would be achieved less effectively absent the regulationâ and that the âmeans chosen are not substantially broader than necessary to achieve that interest.ââ146 One issue on appeal was whether the Districtâs reg- istration requirement for long guns was constitutional. In Heller II, as noted, the court had upheld the basic registration requirement as it applied to handguns.147 On remand to the district court, âHeller offered no evi- dence distinguishing the basic requirement for regis- tration as applied to long guns.â148 The appeals court held that â[b]ecause the burden of the basic registra- tion requirement as applied to long guns is de mini- mis, it does not implicateâ the Second Amendment.149 As for additional registration requirements imposed by the District, the court held that the requirements were not de minimis. In deciding the remaining issues, the court reviewed and considered the deposition testimony and other evidence pre- sented to the district court. The appeals court held that the District government on remand âhas pointed to substantial evidence that some of the requirementsâbut not othersâwill promote public safety.â150 The court agreed, on the one hand, that the District government âadduced substantial evi- dence from which it reasonably could conclude that fingerprinting and photographing registrants will directly and materially advance public safetyâ¦â151 On the other hand, âthe District has offered no evi- dence from which the court can infer [that the Dis- trict] reasonably concluded that knowledge of gun laws, as shown by passing its test, will promote pub- lic safetyâ¦.â152 The District of Columbia Circuit in Heller III affirmed the district courtâs order that the Districtâs firearms laws that required a registrant to be finger- printed and photographed and to make a personal appearance to register a firearm, to pay the required registration fees, and to complete a firearms safety and training course were constitutional.153 The Districtâs evidence, however, was insufficient for the court to uphold the lawsâ requirements that a person had to bring the firearm when registering it, reregis- ter every 3 years, pass a test on the Districtâs firearms laws, and be limited in registering more than one pistol during any 30-day period.154 Thus, some of the Districtâs firearms laws did not pass muster under an intermediate level of scrutiny.155 In sum, notwithstanding the Heller decision, argu- ably âthe vast majority of gun laws will ultimately surviveâ Second Amendment challenges.156 As dis- cussed, since Heller, the courts have upheld laws that prohibit the possession of firearms by minors; require individuals to have a firearm identification card and a license in some states to carry a firearm; require gun owners to register their firearms; impose a rea- sonable fee to obtain a firearms license; require an applicant to demonstrate having proper cause for a license for a concealed firearm; ban the possession of firearms by illegal aliens; ban certain semiautomatic firearms, short-barreled shot guns, assault weapons, and high-capacity magazines; and make it illegal to possess firearms with obliterated serial numbers. A few courts have held, however, that legislatures may not ban entirely the possession of a firearm outside the home or require that a lawful firearm be inacces- sible (unloaded or inoperable, for example). III. STATE LAWS PROHIBITING OR IMPOSING RESTRICTIONS ON THE POSSESSION OF FIREARMS ON PUBLIC STREETS AND HIGHWAYS, IN PUBLIC PLACES, AND IN MOTOR VEHICLES A. Introduction Persons may travel to an airport by any one or a combination of means of public and private trans- port and after arriving use other forms of transpor- tation and roads and sidewalks on airport property. The question of whether an individual may carry a firearm lawfully in a public place or on a public street or highway varies from state to state. Depend- ing on the state in which a person is traveling, when an individual carrying a firearm departs for an air- port by motor vehicle or other means of private or public transportation, unless the individual is quite knowledgeable of the applicable stateâs gun laws, he or she already may be violating state law. Regard- less of whether a state generally permits a firearm to be openly carried or concealed, there likely are other state laws that âstill have full force and effectâ with implications for the legality of a personâs trip to an airport while possessing a firearm.157 146 Id. at 272 (citation omitted). 147 Id. at 273. 148 Id. 149 Id. at 274. 150 Id. 151 Id. at 277. 152 Id. at 279. 153 Id. at 280. 154 Id. at 281. 155 See id. at 272. 156 Henigan, supra note 20, at 1200. 157 Ark. Attây Gen. Op. No. 2015-064, at 2 (Aug. 28, 2015) (citing Ark. Code Ann. Â§ 5-39-203 (repealed 2013)), avail- able at http://ag.arkansas.gov/opinions/docs/2015-064.pdf.
16 In some areas of the United States, a person may traverse the boundaries of two or more states when en route to an airport and thereby become subject to different laws on the same journey, as illustrated by two New Jersey cases, Revell v. Port Authority of New York,158 discussed in Section XIV.D, and New Jersey v. S.B.159 In New Jersey v. S.B., at the time of his arrest at Newark Liberty International Airport, the defen- dant had a plane ticket to Amsterdam and possessed âa firearm at an airport within the borders of New Jersey, without having a permit to do soâ¦.â160 The defendant identified his permanent address as his grandparentsâ mobile home in Ohio, stated that he was supported by his mother in Mississippi, and resided with a friend in Philadelphia. The court held the defendantâs possession of a firearm violated New Jerseyâs criminal code and that the State had the authority to prosecute the offense.161 B. Laws Applicable to Firearms on Public Streets and Highways or Public Transportation 1. States Where Firearms Are Prohibited Unless permitted by another state statute, some state laws, such as in California and Utah,162 prohibit the carrying of a loaded firearm on a public street. California law prohibits a person from carrying a âloaded firearm on the person or in a vehicle while in any public place or on any public street in an incorpo- rated city or in any public place or on any public street in a prohibited area of unincorporated territory.â163 Another California statute applies to the carrying of an unloaded handgun in a public place or public street or in a prohibited area: A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following: (A) A public place or public street in an incorporated city or city and county. (B) A public street in a prohibited area of an unincorporated area of a county or city and county. (C) A public place in a prohibited area of a county or city and county.164 Subsection 2 provides that: A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded hand- gun inside or on a vehicle, whether or not on his or her per- son, while in or on any of the following: (A) A public place or public street in an incorporated city or city and county. (B) A public street in a prohibited area of an unincorporated area of a county or city and county. (C) A public place in a prohibited area of a county or city and county.165 Pennsylvania prohibits an unlicensed person from carrying a firearm, including a rifle or shotgun, on public streets or any property in a city of the first class.166 It is unlawful in Rhode Island to have a loaded or partially loaded rifle or shotgun in a vehi- cle while on a public highway or road.167 In Texas, a person having a license to carry a firearm commits an offense if the license holder carries a handgun on or about the license holderâs personâ¦and intentionally dis- plays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was car- ried in a shoulder or belt holster by the license holder.168 An individual in Utah may not carry a loaded firearm while on a public street.169 2. States Where Firearms Are Not Prohibited In Alabama, a state statute that authorizes the issuance of a license to carry a concealed weapon is not to be âconstrued to limit or place any conditions upon a personâs right to carry a pistol that is not in a motor vehicle or not concealed.â170 158 598 F.3d 128 (3d Cir. 2010). 159 New Jersey v. S.B., No. A-4487-07T4, 2009 N.J. Super. Unpub. LEXIS 2531, at *1 (Oct. 9, 2009). 160 Id. at *13. 161 Id. at *13, *15 (stating that âCongress has not expressly prohibited states from ever enforcing their criminal weap- ons statutes at airports within their state bordersâ). 162 utAh Code Ann. Â§ 76-10-505(1)(b) (LexisNexis 2015). See, however, utAh Code Ann. Â§ 76-10-505(1)(a) (LexisNexis 2015) (stating that unless otherwise authorized by law, a person may not carry a loaded firearm in or on a vehicle unless the vehicle is in the personâs lawful possession or the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle). 163 CAl. penAl Code Â§ 25850(a) (Deering 2015) (emphasis added). 164 CAl. penAl Code Â§Â§ 26350(a)(1)(A)-(C) (2015) (empha- sis added). 165 CAl. penAl Code Â§Â§ 26350(a)(2)(A)-(C) (2015) (empha- sis added). 166 18 pA. Cons. stAt. Â§ 6108(1) (2015). A city of the âfirst classâ is one with âa population of one million or more....â 53 P. S. Â§ 101 (2015). 167 R.I. gen. lAWs Â§ 11-47-51 (2015). 168 tex. penAl Code Ann. Â§ 46.035 (2016). 169 utAh Code Ann. Â§Â§ 76-10-505(1)(a)-(b) (LexisNexis 2015). See also minn. stAt. Â§ 609.672 (2015) (presumption that the driver or person in control of an automobile is knowingly in possession of a firearm in the vehicle); See also utAh Code Ann. Â§ 76-10-505(2) (LexisNexis 2015) (providing that a minor under the age of 18 may not carry a loaded firearm in a vehicle). 170 AlA. Code Â§ 13A-11-75(g) (LexisNexis 2015).
17 In Arkansas, where open carry is legal, a person âmay keep a handgun in his vehicle and [the] hand- gun may be concealed in his vehicle even without a concealed-carry license,â171 according to the stateâs attorney general. A Charlotte, North Carolina, ordi- nance provides that the ordinance does not prohibit the lawful possession or carrying of dangerous weapons on public streets and sidewalks.172 3. Public Transportation Numerous states prohibit the possession of fire- arms on a means of public transportation.173 An Illinois law provides that an individual having a license issued pursuant to the stateâs Firearm Con- cealed Carry Act174 âshall not knowingly carry a fire- arm on or intoâ¦[a]ny bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facil- ity paid for in whole or in part with public funds.â175 Although not involving a person traveling to an airport, in Bsharah v. United States,176 the District of Columbia Circuit affirmed the defendantsâ convictions for carrying a pistol without a license onboard a subway train, as well as for other firearms offenses.177 The district court held that the arresting officer had probable cause to arrest the defendants based on a radio report that there was a man with a gun on the subway.178 A Georgia law states, however, that it is lawful for a person having a valid license to carry a weapon âon public transportation.â179 A federal court in Georgia has held that the term âairportâ does not come within the meaning of public transportation as the latter term is used in the Georgia statute. In GeorgiaCarry.Org, Inc. v. City of Atlanta,180 the plain- tiff unsuccessfully argued that Georgia House Bill (HB) 89 enabled âany person who possesses a valid Georgia firearms license (GFL) to carry a firearm in the non-sterile areas of the [HartsfieldâJackson Atlanta International Airport],â contrary to the air- portâs policy prohibiting firearms.181 The airportâs gun-free policy, discussed in Sec- tion VI.E, was based on Section 16-11-127(a) of the Georgia Code, which made it a misdemeanor to carry a firearm âwhile at a public gathering.â Georgia amended the public gathering law in 1976 to include âpublicly owned or operated buildings.â The airport, which is owned and operated by the City of Atlanta, âfalls within this definition.â182 Effective July 1, 2008, however, HB 89 amended the public gathering law by permitting, inter alia, the carrying of a firearm in public transportation. The court held that the amendment did not apply to the airport. H.B. 89 authorizes GFL holders to carry firearms âin pub- lic transportation.â O.C.G.A. Â§ 16-11-127(e). It does not mention airports, nor does it define âpublic transporta- tion.â The ordinary signification of âpublic transportationâ does not include airports. First, airports do not provide public transportation. Air carriers, unlike public transpor- tation systems such as MARTA [Metropolitan Atlanta Rapid Transit Authority], are not owned or operated by any governmental entity. Second, airports provide trans- portation only to airline passengers, a category of persons to whom plaintiffs admit that H.B. 89 does not apply, because federal law prohibits airline passengers from car- rying firearms. It would be incongruous, to say the least, if a law purporting to cover persons âin public transporta- tionâ applied only to persons who were not being âtrans- ported.â Therefore, giving the terms of the statute their ordinary signification, the Court concludes that the âpublic 171 Ark. Attây Gen. Op. No. 2015-064, supra note 155, at 9, n.5. 172 ChArlotte, n.C. ordinAnCe Â§ 15-14 (2015) (except as provided in Â§ 15-18). 173 Colo. rev. stAt. Â§ 18-9-118 (2015) (âA person com- mits a class 6 felony if, without legal authority, he has any loaded firearmâ¦in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation.â); 430 ill. Comp. stAt. Ann. 66/65(a)(8) (LexisNexis 2015) (âA licensee under this act shall not knowingly carry a firearm on or intoâ¦[a]ny bus, train, or form of transportation paid for in whole or in part with public funds.â); mo. rev. stAt. Â§ 578.305(4) (2015) (âAny passenger who boards a bus with a danger- ous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his person or effects is guilty of the felony of âpossession and concealment of a dangerous or deadly weaponâ upon a bus.â); mont. Code Ann. Â§ 45-8-339 (2015): [I]t is unlawful for a person not authorized to carry a weapon in the course of the personâs official duties to knowingly or purposely carry or transport firearms on a train in this state unless, prior to boarding, the per- son has delivered all firearms and ammunition, if any, to the operator of the train. n.m. stAt. Ann. Â§ 30-7-13 (LexisNexis 2015) (âIt is unlawful for any person without prior approval from the company to board or attempt to board a bus while in pos- session of a firearm or other deadly weapon upon his per- son or effects and readily accessible to him while on the bus.â); S.C. Code Ann. Â§ 58-23-1830(a)(3) (2015) (stating that â[t]t is unlawful for any passenger to commit any of the following acts in a bus or any other public transporta- tion vehicleâ¦carry or possess any weaponâ¦.â). 174 430 ill Comp. stAt. 66/1â66/999 (LexisNexis 2015). 175 430 Iill Comp. stAt. 66/65(a)(8) (LexisNexis 2015). 176 646 A.2d 993 (D.C. Cir. 1994). 177 The defendants were convicted under D.C. Code Â§ 22-3204 (LexisNexis 1989) for carrying a pistol without a license after the police received a radio report concern- ing a man with a gun on a subway train. 178 Bsharah, 646 A.2d at 996â97. 179 gA. Code Ann. Â§ 16-11-126(g) (2015). 180 602 F. Supp. 2d 1281 (N.D. Ga. 2008). 181 Id. at 1282, but see O.C.G.A. Â§ 16-11-130.2(a) (2015). 182 Id. at 1283.
18 transportationâ provision of H.B. 89, as codified at O.C.G.A. Â§ 16-11-127(e), does not apply to airports.183 The court also rejected the plaintiffsâ attempt to construe the public gathering law based on another law enacted in 2002, which included definitions of the terms âtransportation companyâ and âterminal,â as a way of supporting the claim that the Georgia legislature meant for the term âpublic transporta- tionâ to include airports.184 4. Public Places To the extent that a state statute prohibits fire- arms in or on public places, some of the statutes do not explain what is meant by the term âpublic place.â Thus, it should be noted that Alaska defines a public place to mean one where âthe public or a substantial group of persons has access and includes highways [and] transportation facilitiesâ¦.â185 Delaware defines a public place to include highways and transporta- tion facilities.186 In Oregon, the term âpublic placeâ means âa place to which the general public has access and includes, but is not limited toâ¦highways, streetsâ¦[and] premises used in connection with public passenger transportation.â187 C. Laws Applicable to the Possession of a Firearm in a Motor Vehicle 1. Loaded or Unloaded Firearms in Motor Vehicles As noted by a Michigan court, â[t]ransporting or possessing a loaded firearm in a vehicle was not a crime at common law.â188 Presently, however, the issue of whether one may carry a firearm in a motor vehicle, although the laws differ from state to state, usually depends on whether a firearm is loaded or unloaded; whether it is visible or con- cealed in the vehicle; whether the person carrying a firearm is also the owner of the vehicle or has the ownerâs permission to carry the firearm in the vehicle; whether the firearm is a pistol or a long gun; or whether the person possessing the firearm has a license to carry a firearm or to carry a con- cealed firearm. In United States v. Mancillas,189 a case not involving a license to carry a firearm or to carry a concealed firearm, the court held that a person is âcarryingâ a firearm when it is in a vehicle, even if it is locked in a glove compartment or kept in the trunk.190 In Alabama, an individual may carry a pistol in the personâs vehicle if the pistol is unloaded, locked, and out of reach of the driver or passenger; however, no person may carry a concealed pistol in a vehicle or on another personâs property without a permit to carry a concealed pistol.191 Under Arkansas law, as long as a person who is openly carrying a firearm does not have the intent to âattempt to unlawfully employ a handgunâ¦as a weapon against [another],â the individual may pos- sess a handgun on or about his or her person or in a vehicle occupied by the person or otherwise have the handgun available for use.192 An individual in Idaho does not need a concealed weapons permit to transport a firearm, including a shotgun or a rifle, when the firearm is not loaded and is concealed in a motor vehicle or secured in a case.193 In Illinois, a person commits the offense of unlaw- ful use of a weapon if the person knowingly [c]arries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that personâs permission, any pistol, revolver, stun gun or taser or other firearmâ¦.194 The above section, however, does not apply to or affect the transportation of a firearm that is âbroken down in a non-functioning stateâ; ânot immediately accessibleâ; âunloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Fire- arm Ownerâs Identification Cardâ; and âcarried or possessed in accordance with the Firearm Concealed Carry Act [430 Illinois Comp. Stat. 66/1, et seq.]â¦.â195 As for Michigan law, in People v Quinn,196 the issue was whether knowledge that a firearm is loaded is an element of the offense of transporting or possessing a loaded firearm other than a pistol in or upon a vehicle. Under Section 750.227c of the Michigan Compiled Laws, a person may not trans- port a firearm, other than a pistol, that is loaded. The court held that the state did not have to 183 Id. at 1284. 184 Id. 185 AlAskA stAt. Â§ 11.81.900 (2015). 186 del. Code Ann. Â§ 1460(b)(3) (LexisNexis 2015). 187 or. rev. stAt. Â§ 161.015(10) (LexisNexis 2016). 188 People v. Quinn, 487 N.W.2d 194, 200 (Mich. 1992). 189 183 F.3d 682 (7th Cir. 1999). 190 Id. at 708. The issue was relevant to whether the defendant knowingly carried a firearm when committing a drug trafficking crime. Id. at 706. 191 AlA. Code Â§ 13A-11-73 (LexisNexis 2015). 192 Ark. Attây Gen. Op. No. 2015-064, supra note 155, at 1 (citing Ark. Code Ann. Â§ 5-73-120(a) (2015) as amended by Act 746 of 2013). 193 idAho Code Ann. Â§Â§ 18-3302(4)(b)-(d) (2015). 194 720 ill. Comp. stAt. 5/24-1(4) (LexisNexis 2015). 195 Id. 196 487 N.W.2d 194 (Mich. 1992).
19 establish that the defendant knowingly transported a loaded firearm. Thus, similar to the Illinois statute, to transport a firearm in a vehicle in Michigan, other than a pistol, the firearm must be taken down, enclosed in a case, carried in the trunk of the vehicle, and be inaccessible from the interior of the vehicle.197 In an Ohio case, State v Henderson,198 the defen- dant, a resident of West Virginia, was arrested for the improper handling of a firearm in a motor vehi- cle in Ohio.199 Hendersonâs concealed carry permit issued in West Virginia had expired. When he was stopped for a traffic violation, Henderson told the officer that he had a loaded handgun on the floor- board beneath his feet. Because Henderson did not have a valid Ohio license to carry a concealed hand- gun, he was not authorized under Ohio law to trans- port a loaded handgun in his motor vehicle.200 Henderson argued that Section 2923.16(B) of the Ohio Revised Code was unconstitutional because it prohibits transporting a loaded firearm in a motor vehicle if the firearm is accessible to the operator without leaving the vehicle.201 In Ohio, prior to the enactment of the statute, âa loaded firearm was not permitted in the passenger compartment of a motor vehicle.â202 Since the enact- ment of Section 2923.16(E) of the Ohio Revised Code: (E) No person who has been issued a licenseâ¦to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following: (1) Knowingly transport or have a loaded handgun in a motor vehicle unless one of the following applies: (a) The loaded handgun is in a holster on the personâs person. (b) The loaded handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun. (c) The loaded handgun is securely encased by being stored in a closed, locked glove compartment or vehicle console or in a case that is lockedâ¦.203 Applying intermediate scrutiny, the court upheld the statute, because it is âsubstantially related to furthering public safety,â204 and because it is nar- rowly tailored: R.C. 2923.16(B) does not prohibit possession of a loaded firearm outside motor vehicles, nor does this section prohibit having or transporting loaded firearms in motor vehicles as long as they are only accessible by leaving the vehicle. Rather, R.C. 2923.16(B) is limited only to those indi- viduals, like appellant, who do not have concealed carry permits and who elect to have or transport a loaded firearm in a motor vehicle in such a way that they have access to it without leaving the vehicle.205 In Utah, except as otherwise authorized, an indi- vidual may not carry a loaded firearm in a vehicle unless the same individual is in lawful possession of the vehicle or has the consent of the person who is in lawful possession of the vehicle.206 Thus, an individ- ual who is in possession of a loaded firearm who is en route to an airport in a motor vehicle that is owned by or is possessed by another person, who either has no knowledge of the firearm or who has not consented to the firearm being in the vehicle, would be violating the law of Utah and of other states with a similar statute. A person in Utah also may not possess a loaded rifle, shotgun, or muzzle- loading rifle in a vehicle.207 2. Unloaded and Secured Firearms in Motor Vehicles It appears that in many states if an individual is en route to an airport while carrying a firearm in a motor vehicle, the firearm must be unloaded, out of view, and/or secured in the manner required by the state statute.208 States differ on how a firearm is to be secured in a motor vehicle. In Alabama, a firearm must be kept from ordinary observation and locked within a com- partment in the vehicle or a container in the vehi- cle.209 When a person transports a pistol or revolver in a motor vehicle in Connecticut, the pistol or revolver must be unloaded and ânot readily accessi- ble or directly accessible from the passenger com- partment of the vehicleâ¦.â210 If the motor vehicle 197 11 U.S.C. Â§ 362. 198 Id. Â§ 362(b)(4). 199 See In re W.R. Grace & Co., 412 B.R. 657 (D. Del. 2009). 200 11 U.S.C. Â§ 365(a). 201 Id. Â§ 365(d)(4). 202 Id. Â§ 365(d)(1). 203 Id. at *9â11. 204 Id. at *19. 205 Id. at *19â20. 206 utAh Code Ann. Â§Â§ 76-10-505(1)(a)â(b) (LexisNexis 2015). 207 utAh Code Ann. Â§ 76-10-505(3) (LexisNexis 2015). 208 S.C. Code Ann. Â§ 16-23-20(9) (2015) (providing that it is unlawful to carry any handgun, whether concealed or not, except that a person may carry a handgun in a vehicle if secured in the manner authorized by the statute). See also Ariz. rev. stAt. Â§Â§ 13-3102(B)(3)(a), (c) (LexisNexis 2015) (stating that a firearm is visible when carried so that any portion of the firearm or holster in which the firearm is carried is visible or is carried in a scabbard or case that is designed for a carrying weapon that is wholly or partially visible); vA. Code Ann. Â§Â§ 18.2-308(a), (c)(10) (2015) (stating that a person with a valid concealed hand- gun permit may carry a handgun while in a personal, pri- vate motor vehicle or vessel and the handgun is secured in a container or compartment in the vehicle or vessel). 209 AlA. Code Â§ 13A-11-61.2 (LexisNexis 2015). 210 Conn. gen. stAt. Â§ 29-25(a) (2015).
20 does not have a compartment separate from the pas- senger compartment, the firearm must be âcon- tained in a locked container other than the glove compartment or console.â211 In 2008, Florida enacted the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act. The Act recites the legislatureâs decision that âno citizen can or should be required to waive or abrogate his or her right to possess and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any employer or business establishment within the state, unless spe- cifically required by state or federal law.â212 In Minnesota, even if a person has a permit to carry a firearm,213 the permit holder may not trans- port a firearm unless it is unloaded and in a secured gun case or unloaded and in the closed trunk of a motor vehicle.214 Virginia law permits the carrying of a handgun in oneâs own motor vehicle when the handgun is secured in a container or in a compart- ment in the vehicle, but does not state whether a firearm has to be unloaded.215 3. Effect of a License to Carry or to Carry a Concealed Firearm In some states, whether a person may carry a fire- arm in a motor vehicle depends on whether the per- son has a license to carry a firearm or a license to carry a concealed firearm.216 In Connecticut, â[a]ny person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, 211 Id. 212 flA. stAt. Ann. Â§ 790.25(3) (LexisNexis 2015) (emphasis added). 213 minn. stAt. Â§Â§ 624.714(9)(5), 624.715 (2015) (regard- ing permits to carry). 214 minn. stAt. Â§ 97B.045(1)(1), (2) (2015). See also mo. rev. stAt. Â§ 571.030.1(3) (2015) (lawful to transport a weapon in a vehicle in a nonfunctioning state or when unloaded and ammunition is not readily accessible). 215 vA. Code Ann. Â§ 18.2-308(c)(10) (2015). 216 gA. Code Ann. Â§ 16-11-126(d) (2015) (person eligible for a weapons-carry license may transport a handgun or long gun in a private passenger motor vehicle); kAn. stAt. Ann. Â§Â§ 527.020(4), (8) (2015) (stating that â[n]o person or organization, public or private, shall prohibit a person licensed to carry a concealed weapon from possessing a firearm, ammunition, or both, or other deadly weapon in his or her vehicleâ¦.â); tenn. Code Ann. Â§ 39-17-1313(d) (2015) (not an offense when a handgun carry permit holder is observed while securing a firearm or ammuni- tion in his or her motor vehicle); utAh Code Ann. Â§ 76-10- 505(3) (LexisNexis 2015) (providing that it is unlawful to possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle but see Â§ 76-10-523 (2) providing that Â§Â§ 76-10- 504(1), 76-10-504(2), 76-10-505 are not applicable to a per- son having a permit to carry a concealed weapon). 217 Conn. gen. stAt. Â§ 29-38(a) (2015) (also prohibiting the carrying of any machine gun that has not been regis- tered as required by Conn. gen. stAt. Â§ 53-202 (2015)). 218 gA. Code Ann. Â§Â§ 16-11-125.1, 16-11-126 (2015) (stat- ing that the term âweaponâ includes a handgun); see also gA. Code Ann. Â§ 16-11-129 (2015) (relating to applications for a weapons-carry license). 219 430 ill. Comp. stAt. Ann. 66/65(c) (LexisNexis 2015). 220 N.M. stAt. Ann. Â§ 30-7-2(A)(5) (LexisNexis 2015). 221 N.M. stAt. Ann. Â§ 30-7-2(A)(2) (LexisNexis 2015). 222 N.D. Cent. Code Â§ 62.1-02-10(3) (2015). See also AlA. Code Â§ 13A-11-75(a)(1) (LexisNexis 2015) (authorizing a per- mit to carry a pistol in a vehicle or concealed on a person). 223 ohio rev. Code Ann. Â§ 2923.15(C)(1)(c) (LexisNexis 2015). 224 or. rev. stAt. Â§ 116.250(1)(b) (2015) (emphasis added). 225 or. rev. stAt. Â§Â§ 116.250(4)(b)(A), (B) (2015). 226 or. rev. stAt. Â§ 166.262(1) (2015). any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 [appli- cable to the issuance of a permit to carry a pistol or revolver]â¦shall be guilty of a class D felonyâ¦.â217 In Georgia, a person âwho is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicleâ¦.â218 Likewise, a licensee in Illinois may carry a concealed firearm in a vehicle while on a public right-of-way if âin accor- dance with all other applicable provisions of law.â219 New Mexico prohibits the carrying of a concealed, loaded firearm anywhere except by a person who is in possession of a âvalid concealed handgun license,â220 or by a person who is carrying a handgun âin a private automobile or other private means of conveyance for lawful protection of the personâs or another personâs person or property.â221 Although North Dakota prohibits an individual from having a loaded firearm in a vehicle, the prohibition does not apply to an individual who has a valid license to carry a concealed weapon.222 Certain prohibitions that apply in Ohio to a person with a concealed handgun license do not apply to â[a] personâs trans- portation or storage of a firearmâ¦in a motor vehicle for any lawful purpose if the firearm is not on the actorâs personâ¦.â223 Oregonâs statute declares that it is unlawful for an individual, even one having a concealed handgun license, to possess âa handgun that is concealed and readily accessible to the person within any vehi- cle.â224 A handgun is not readily accessible when it is stored in a closed and locked glove compartment, center console, or other container, and the key is not in the lock.225 A person is not subject to arrest for violating the statute, however, if the person has a valid license to carry a concealed firearm as pro- vided in Sections 166.291 and 166.292 of the Oregon Revised Statutes.226