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-   -   Who's in possession? (http://www.firearmstalk.com/forums/f17/whos-possession-73430/)

invicta8926 09-30-2012 01:09 PM

Who's in possession?
 
If you are the driver of a vehicle and ownerof a firearm that is located between the passenger seat and center console and you are pulled over, is that firearm considered to be in th passengers possession?

c3shooter 09-30-2012 01:28 PM

Ultimately, it is up to a court to decide. In my long ago LEO days (No, Wyatt Earp was NOT a contemporary of mine) the rule of thumb we used was in the immediate area of, and under the control of.

A gun located within 2 inches of the passenger's butt, between them and the armrest of the console, would be considered under their control, and thereby in their possession.


However, I would have to look at the entire situation and make a judgment call as to whether the driver would reasonably be expected to know what was in his car, again, a couple of inches away.

You may make a good case that I would not be expected to know what someone was carrying concealed, or what the guy sitting directly behind me was doing- frankly, if the situation smells bad, everyone goes for a ride, and the DA and judge will sort it out. Passenger goes for possession, driver for constructive possession.

Above is PURELY an opinion, statute and case law vary place to place, your mileage may vary, void when prohibited or taxed, side effects may include scrofula and halitosis.

Blueguns 09-30-2012 07:43 PM

Depends on where you live. Make sure you and your passenger have all the correct permits etc.

therewolf 09-30-2012 08:25 PM

IANAL, but the driver of a car is generally considered a

"responsible party". IME, if the pistol is within reach of

the driver, he will probably be considered to be the person

in control of it.

SO, you own the car, and the gun? Why would the passenger

even be involved? In a traffic stop, the LEO uses

personal discretion to decide who is "in possession" of

what, and if it becomes a court case, generally, the best lawyer

wins. But it will be hard to deny the driver is the gun owner,

under these circumstances.

Old_Crow 09-30-2012 09:17 PM

If you have a CWP or a CCP it's best to lock your gun in the trunk if you carry it between the seats, until everyone is our of the car. As a permit holder you are responsible for access to the gun. If you drive a truck locking the gun in a toolbox is just as effective as locking it in the trunk. If you own guns and don't have a toolbox on your truck, thats your choice and your problem.

partdeux 09-30-2012 11:24 PM

If you gotta ask, then you need to talk to a LOCAL 2A attorney. How much trouble would it be to move it to an under steering column holster or put it in the door map pocket.

invicta8926 10-01-2012 01:14 AM

Quote:

Originally Posted by partdeux
If you gotta ask, then you need to talk to a LOCAL 2A attorney. How much trouble would it be to move it to an under steering column holster or put it in the door map pocket.

Unfortunately I can't do either in my vehicle.

invicta8926 10-01-2012 01:17 AM

I am wondering because my wife doesn't have a ccp but I do. I usually keep the firearm between the passenger seat and the center console.

MrWray 10-01-2012 11:30 AM

If you have a CCL and you explain that it is yours then you will "should" be fine.

If you were in illegal possession and were pulled over,and you both denied ownership then both of you would be arrested and the courts would sort it out.

Just dont forget it in the vehicle and let your wife take off with it

gollygee 10-01-2012 03:46 PM

Could depend on your state's laws. In Texas, a person can keep a handgun in their vehicle without a carry license as long as it is concealed. So here, which of you owned it wouldn't be in question as long as you both could legally own a handgun.


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