How to properly carry a rifle in the trunk of your car

[Monty]

Saw this news nugget in the Daily Mail this afternoon,

http://dailymail.com/policebrfs/2009040789148

Wednesday April 8, 2009
Police say rifle found in car trunk

Police say they found an assault rifle in the trunk of an accused shoplifter's vehicle.

Charleston police were called to Sears at the Charleston Town Center Mall Friday when loss prevention workers noticed a woman, later identified as Brandi Rae Adkins, 25, of Mary Street on Charleston's West Side, taking items without paying for them, according to a complaint filed in Kanawha Magistrate Court.

Loss prevention workers recovered four sets of tools, Major League Baseball merchandise and a pair of Capri pants from the woman, police said.

Police searched Adkins' vehicle and found a loaded "AK-47 style rifle" with an unfired round in the chamber in the trunk, the complaint said. Police said they also found a rifle magazine in a pouch in the back of the front passenger seat.

Adkins was arrested and charged with unlawful transportation of a firearm and shoplifting.

So my question is what part of her transportation of that firearm was illegal (is it just cause it was loaded) and how should she have transported that rifle in her trunk to not be in trouble with the law?

Thanks!

Monty

[Huntinfool]

The law is a firearm must be cased in a vehicle in city limits! I've had cops press me because I've had a cased gun in my vehicle they said I must be traveling to or from a shooting range or hunting!

They will try and get even the most law abidinig citizens around!

~HF~

[Mini14]

Probably the round chambered in her AK47, IMO.

[Monty]

Well this appears to be the relevant parts of the code

[

§20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.
Except as authorized by the director, it is unlawful at any time for any person to:

(9) Have in his or her possession a crossbow with a nocked bolt, a loaded firearm or a firearm from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. Except as hereinafter provided, between five o'clock postmeridian of one day and seven o'clock antemeridian, eastern standard time of the day following, any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, shall be so carried only when in a case or taken apart and securely wrapped. During the period from the first day of July to the thirtieth day of September, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms are permissible only from eight-thirty o'clock postmeridian to five o'clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode;

Well the code may be confusing but it's what we have to work with so here goes.

First bolded section tells me that the loaded mags may get you in trouble regardless of how they are being carried.

Second bolded tells me it has to be cased when being transported (or taken apart and securely wrapped).

The third bolded sections and the other prior referenced times tells me that according to this it is never permissible to drive around 24/7 with a long gun in your vehicle regardless of how it is carried.

What say the rest of you?

Monty

By the way, this same thread is running over at WVCDL forum if you want to follow along over there also
http://forums.wvcdl.org/phpBB3/viewtopic.php?f=9&t=681&p=4266#p4266

[prestoncohunter]

with an unfired round in the chamber

Right there is what got her in the most trouble (other than the shop lifting).  You have a loaded gun in  your vehicle without a CCW and you are going to have trouble with 99% of the LEO's out there.  IMHO