Empty brass a felony? [Archive] - Glock Talk

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rollinsj
02-21-2012, 19:30
Hey guys I don't post often but I have googled and googled over this question but I cannot find the answer. A friend of my brother in law was over shooting and wanted to see my AR and we got to talking and he made a statement that it was a felony to carry empty casings in your vehicle, I have never heard this before just wanted to see if this is just him talking or what?

Wurger
02-21-2012, 19:37
Hey guys I don't post often but I have googled and googled over this question but I cannot find the answer. A friend of my brother in law was over shooting and wanted to see my AR and we got to talking and he made a statement that it was a felony to carry empty casings in your vehicle, I have never heard this before just wanted to see if this is just him talking or what?

Sounds like the old gun laws in DC. :faint:

Not an issue today unless there is some weird local law.

RMTactical
02-21-2012, 19:48
Hey guys I don't post often but I have googled and googled over this question but I cannot find the answer. A friend of my brother in law was over shooting and wanted to see my AR and we got to talking and he made a statement that it was a felony to carry empty casings in your vehicle, I have never heard this before just wanted to see if this is just him talking or what?

In Mexico maybe...

hogship
02-21-2012, 19:51
I've never heard of that either.........

ooc

Steve in PA
02-21-2012, 19:53
Hey guys I don't post often but I have googled and googled over this question but I cannot find the answer. A friend of my brother in law was over shooting and wanted to see my AR and we got to talking and he made a statement that it was a felony to carry empty casings in your vehicle, I have never heard this before just wanted to see if this is just him talking or what?

Your brother-in-law is wrong.

G36's Rule
02-21-2012, 19:55
your brother-in-law's friend is an idiot.

fify...

TX expat
02-21-2012, 19:55
I guess they might be if they were spent rounds from a drive-by :supergrin:

birda40
02-21-2012, 20:00
Ummm.....cough, cough In Illinois it is illegal to have just one bullet without an FOID. I'm sure if an empty round is found it would most likely be a search.

ijacek
02-21-2012, 20:04
Not even if you are a convicted felon, because according to Florida State Statue 790.001(19) (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.001.html)
“Ammunition” means an object consisting of all of the following:
(a) A fixed metallic or nonmetallic hull or casing containing a primer.
(b) One or more projectiles, one or more bullets, or shot.
(c) Gunpowder.

samurairabbi
02-21-2012, 20:12
A few years ago, there was such a case in a federal appeals court. An American was convicted IN MEXICO for have military caliber expended cases on the floor of his car on a driving trip into Mexico. At some point in his sentence, he was transferred to serve out his sentence in a US jail. He petitioned the federal courts to have his conviction set aside because his action was not an offense IN AMERICA. As I recall, the federal appeals court ruled against him.

This case may be the basis for what your friend had heard.

michael e
02-21-2012, 20:28
I carry my empty brass from the range back to my house to reload all the time. Hell I have left the range with 22's suck in my shoes. Another time with 270 in my boot. And one crazy time a 9mm in my undershirt. Was either wave gun around or just deal with the hot brass for a few seconds.

jrs93accord
02-21-2012, 20:33
Not even if you are a convicted felon, because according to Florida State Statue 790.001(19) (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.001.html)
“Ammunition” means an object consisting of all of the following:
(a) A fixed metallic or nonmetallic hull or casing containing a primer.
(b) One or more projectiles, one or more bullets, or shot.
(c) Gunpowder.

That staute is pertaining to definitions.

This is the statute that is applicable to possession.
http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=ammunition&URL=0700-0799/0790/Sections/0790.23.html

Basicly, in the State of Florida, unless you are a felon or classified as a deliquent, there is nothing that prevents you from having live or spent ammo in your vehicle. If you are legally able to have a firearm in your vehicle, you can have ammo.

mac9990
02-21-2012, 23:51
In oregon you can have all the ammo in your rig that you can carry, as long as it's not in a weapon.

-gunut-
02-22-2012, 00:01
In oregon you can have all the ammo in your rig that you can carry, as long as it's not in a weapon.

Wha? Maybe in Portland if you don't have a concealment permit.

mongo356
02-22-2012, 01:58
Man!!! The UPS guy could get life then, mine has been known to deliver 100's of empty cases to my house at a time. Lol

CajunBass
02-22-2012, 02:55
I guess they might be if they were spent rounds from a drive-by :supergrin:

I seem to recall seeing one of the CSI programs where "Horatio" went after a guy because he had empty brass in his car. Of course for the purposes of TV, they had been used in a drive-bye.

But in the real world? Not around here.

Steve in PA
02-22-2012, 06:56
fify...

LOL.......I was being nice! :supergrin:

NeverMore1701
02-22-2012, 08:01
I have loaded guns, live ammo, and spent brass in my car all the time. Somehow nothing catastrophic has happened... yet.


:upeyes:

SigFTW
02-22-2012, 08:09
I have loaded guns, live ammo, and spent brass in my car all the time. Somehow nothing catastrophic has happened... yet.:upeyes:

Don't drive to Mexico and you should be OK :whistling:

T-Rod45
02-22-2012, 08:12
Wow.

I'm surprised those companies that sell bullet keychains are still in business!!! :wow:

NeverMore1701
02-22-2012, 08:29
Don't drive to Mexico and you should be OK :whistling:

I have less than no desire to ever go back to Mexico, though it can be hard to tell where it even begins these days....

2-8 Marine
02-22-2012, 08:43
Hey guys I don't post often but I have googled and googled over this question but I cannot find the answer. A friend of my brother in law was over shooting and wanted to see my AR and we got to talking and he made a statement that it was a felony to carry empty casings in your vehicle, I have never heard this before just wanted to see if this is just him talking or what?


Yes! Your friend is 100% right . . . I was arrested on my way home from the drug store with a gross of condoms. On suspicion of being a serial rapist.





No, Not really. :tongueout:

MarcDW
02-22-2012, 08:45
The only thing I can think of is if you are leaving the US and take .50 BMG cases with you.
That would still not be a felony but a violation of export laws.

SigFTW
02-22-2012, 08:54
I have less than no desire to ever go back to Mexico, though it can be hard to tell where it even begins these days....

:rofl::rofl::rofl: No speakada enguash!

gommer
02-22-2012, 09:45
A few years ago, there was such a case in a federal appeals court. An American was convicted IN MEXICO for have military caliber expended cases on the floor of his car on a driving trip into Mexico. At some point in his sentence, he was transferred to serve out his sentence in a US jail. He petitioned the federal courts to have his conviction set aside because his action was not an offense IN AMERICA. As I recall, the federal appeals court ruled against him.

This case may be the basis for what your friend had heard.

Well, heck, if that's how it works - why aren't we sending their 10+ million illegal immigrants back to Mexico - give them some nice felony convictions and stop spending our own tax dollars to support their populace.

That'd be great. :steamed:

SigFTW
02-22-2012, 10:09
Well, heck, if that's how it works - why aren't we sending their 10+ million illegal immigrants back to Mexico - give them some nice felony convictions and stop spending our own tax dollars to support their populace.

That'd be great. :steamed:

AND give each one a parting gift too, a spent shell in each pocket. :whistling:

NeverMore1701
02-22-2012, 11:59
Well, heck, if that's how it works - why aren't we sending their 10+ million illegal immigrants back to Mexico - give them some nice felony convictions and stop spending our own tax dollars to support their populace.

That'd be great. :steamed:

Don't I wish.

AustinTx
02-22-2012, 12:56
A few years ago, there was such a case in a federal appeals court. An American was convicted IN MEXICO for have military caliber expended cases on the floor of his car on a driving trip into Mexico. At some point in his sentence, he was transferred to serve out his sentence in a US jail. He petitioned the federal courts to have his conviction set aside because his action was not an offense IN AMERICA. As I recall, the federal appeals court ruled against him.

This case may be the basis for what your friend had heard.

That particular guy had a partial box of 22 rf ammo, in his vehicle. He had been to a gun show, in Texas and thought he had removed the gun stuff, from his vehicle, before a night out, in Mexico. I believe he was finally sent home after $20,000 or thereabouts changed hands.

G36's Rule
02-22-2012, 13:35
A few years ago, there was such a case in a federal appeals court. An American was convicted IN MEXICO for have military caliber expended cases on the floor of his car on a driving trip into Mexico. At some point in his sentence, he was transferred to serve out his sentence in a US jail. He petitioned the federal courts to have his conviction set aside because his action was not an offense IN AMERICA. As I recall, the federal appeals court ruled against him.

This case may be the basis for what your friend had heard.

That particular guy had a partial box of 22 rf ammo, in his vehicle. He had been to a gun show, in Texas and thought he had removed the gun stuff, from his vehicle, before a night out, in Mexico. I believe he was finally sent home after $20,000 or thereabouts changed hands.


http://www.thehighroad.org/archive/index.php/t-37052.html

amazon
02-22-2012, 14:01
In the PRM (People's Republic of MA) if you did not have at the very least an FID (which you go through the same procedure and $100 price tag for an LTC) you would be an insta-felon.

To summarize, any component requires FID/LTC. Students are told to check their clothing after each class. Would love to let them take a souvenier. But even a spent .22 casing would get you a year in jail here.

Nice, huh? I remember being a kid and grabbing a spent casing. That was very cool. Now one of those novelty key chains will land you in jail around here.

samurairabbi
02-22-2012, 15:03
Well, heck, if that's how it works - why aren't we sending their 10+ million illegal immigrants back to Mexico - give them some nice felony convictions and stop spending our own tax dollars to support their populace.

That'd be great. :steamed:

I have an acquaintance who owns a business doing housing rehab. His favorite line: I want all the illegal immigrants sent home ... but only AFTER all my rehab projects are done!

NeverMore1701
02-22-2012, 15:11
I have an acquaintance who owns a business doing housing rehab. His favorite line: I want all the illegal immigrants sent home ... but only AFTER all my rehab projects are done!

He's just as bad as the illegals then.

ijacek
02-22-2012, 20:54
That staute is pertaining to definitions.

This is the statute that is applicable to possession.
http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=ammunition&URL=0700-0799/0790/Sections/0790.23.html

Basicly, in the State of Florida, unless you are a felon or classified as a deliquent, there is nothing that prevents you from having live or spent ammo in your vehicle. If you are legally able to have a firearm in your vehicle, you can have ammo.

Not to start a pissing contest, but seeing how the OP's question was about a spent casings (empty brass - no live primer, gun powder and projectile), as per FSS does not meet the definition of ammunition so even a felon or person classified as delinquent in Florida, could possess a spent casing without a fear of prosecution!

Side note, in Florida you have to, after reading the specific statue, revert back to the definitions at the beginning of the particular section as the definitions change from section to section. Case in point:

FSS 316 - motor vehicles - definition of Commercial Motor Vehicle CMV is:
(66) COMMERCIAL MOTOR VEHICLE.—Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle:
(a) Has a gross vehicle weight rating of 10,000 pounds or more;
(b) Is designed to transport more than 15 passengers, including the driver; or
(c) Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.).

While the definition of CMV under FSS 322 - driver's licenses - is:
(8) “Commercial motor vehicle” means any motor vehicle or motor vehicle combination used on the streets or highways, which:
(a) Has a gross vehicle weight rating of 26,001 pounds or more;
(b) Is designed to transport more than 15 persons, including the driver; or
(c) Is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F.


just sayin'

Myke_Hart
02-22-2012, 22:16
Actually the OP's question does have some basis if you are talking the airport.... and you leave a spent case in your bag.

This happened to a friend of mine before 911, and they had a fit. I am sure he would have been in jail if it would have happened after. :wow:

gatorboy
02-22-2012, 23:31
I carry my empty brass from the range back to my house to reload all the time. Hell I have left the range with 22's suck in my shoes. Another time with 270 in my boot. And one crazy time a 9mm in my undershirt. Was either wave gun around or just deal with the hot brass for a few seconds.

Yep, I find a few cases in the bed of my truck after every trip out. Without exception every dent on my truck is from ejected cases and ricochets. I'm very careful shooting hardcast after taking a ricochet to my shin that should have been stitched. Definately would have busted my plastic shooting glasses. I shoot steel with HP's exclusively now.

janice6
02-22-2012, 23:38
Yes! Your friend is 100% right . . . I was arrested on my way home from the drug store with a gross of condoms. On suspicion of being a cereal rapist.





No, Not really. :tongueout:

That was because you had a box of Cheerios. (fixed it for you)

GTFord1
02-23-2012, 07:45
Hey guys I don't post often but I have googled and googled over this question but I cannot find the answer. A friend of my brother in law was over shooting and wanted to see my AR and we got to talking and he made a statement that it was a felony to carry empty casings in your vehicle, I have never heard this before just wanted to see if this is just him talking or what?

Get real. You're in Florida.

rollinsj
02-23-2012, 09:16
I'm not a newbie to firearms and FL statutes by any means but also not an expert is why I asked. But when he said that he was building an AR with a break beam laser trigger to fire 42 rounds a second, I smiled and said ok..........

ijacek
02-23-2012, 13:01
But when he said that he was building an AR with a break beam laser trigger to fire 42 rounds a second, I smiled and said ok..........

Time to get a new friend! And one that has not flown above the cuckoo’s nest! :supergrin:

SigFTW
02-23-2012, 14:24
I'm not a newbie to firearms and FL statutes by any means but also not an expert is why I asked. But when he said that he was building an AR with a break beam laser trigger to fire 42 rounds a second, I smiled and said ok..........

Does he wear a tinfoil hat when he comes over?

Mr. Blandings
02-23-2012, 23:03
I'm not a newbie to firearms and FL statutes by any means but also not an expert is why I asked. But when he said that he was building an AR with a break beam laser trigger to fire 42 rounds a second, I smiled and said ok..........I think I may know this guy! Ask him if he found the "laser cut AR barrel". (as in a barrel with rifling cut by a laser)

MinnesnowtaWild
02-24-2012, 02:36
Hopefully it's not illegal because every time I wear a sweatshirt to the range I end up with some brass from my Glock in my hoodie.

I also get a lot of .22 LR casings stuck in my boots.

Decguns
02-24-2012, 06:47
I got caught in one of the random vehicles searches on base a few years ago. They found two empty 9MM cases and six empty 7.62X25 cases in my ash tray. They tore my truck apart looking for the pistol(s) all the time demanding to know where I hid them.

Well, the pistols were at home in the safe since I have to be an unarmed victim (in waiting) while on base. Funny, they didn't seem to care about the 15 8MM Mauser cases laying in the bed of the truck. Got to love military cops.