Traveling with a group.

[Malachi]

Ok, say I'm on a trip with my family and 2 adult friends. I plan to keep my gun in the center console, but I won't always be driving. Sometimes I will be in the back seat. I am the only one with CCW permit. Do I have to take the gun to the back seat with me?

[Tucker's Mom]

There are rules and regulations and laws in different states that will cover you as a CCW holder that will not cover the others that are travelling with you. If you had taken the time to fill up your profile and put in your location, your question would have been more properly answered. At this stage, I will be guessing as to how to reply to your question. One thing that you should remember, if a child is at the front passenger seat, a gun in the console is considered "within reach"... and that is a NO! NO!"

[rdm6680]

Tuckers mom is the profile location Nazi. Good luck.

[Tucker's Mom]

Tuckers mom is the profile location Nazi. Good luck.

I saw this and I was about to go to bed...

I am sure many will agree with my response to Malachi...and if you sir, decided to take it as a joke and you respond with your uneducated guess, you are putting this person in a bind. Will you answer to that? Troll!

Annoy me?

[SR40c]

Why would you put your firearm in the console? Just my opinion, but that's just not a good thing to do fundamentally.

[n4sxx]

In my state if s.c. center console or if no console glove box is ok you are the permit holder,you are inside the auto you are covered, kind of like this you have a permit gun on closet shelf you are in den you are covered

[Bikenut]

Tuckers mom is the profile location Nazi. Good luck.

Since laws vary from State to State with no two State's laws are exactly alike it is impossible to give an answer when folks ask a question concerning the legality of something but do not say which State they are in.. or intend to be in.

Malachi

Traveling with a group.
Ok, say I'm on a trip with my family and 2 adult friends. I plan to keep my gun in the center console, but I won't always be driving. Sometimes I will be in the back seat. I am the only one with CCW permit. Do I have to take the gun to the back seat with me?

I will give my opinion ("opinion" means the following is NOT legal advice!) concerning having/leaving a gun in the center console of a car with other people also in the car......

It is your responsibility to keep your firearms under your control at all times. A pistol in the center console while you are in the back seat (perhaps sleeping?) means the gun is NOT under your control but is easily available to anyone in the front seat and potentially available to anyone in the back seat too.

Having said that..... in Michigan .... if your gun is in the center console and you are in the back seat it would be easy for a prosecutor to consider whoever is in the front seat to be "in possession" of your pistol because it is easily accessible to them but not to you.... and in Michigan.... it is illegal for anyone to be "in possession" of a pistol owned by someone else unless they have a concealed carry permit.

The best thing to do would be to do a 'net search concerning concealed carry reciprocity for every State you intend to visit/pass through ... and to also do a 'net search for each of those State's gun laws so you know (not just heard it on a gun forum) whether what you are doing is legal or not.

Actually... I more than strongly suggest doing that 'net search thing because it is you, and your family/friend's, you want to keep out of jail.

Just to avoid confusion concerning the concept of who "possesses" something........... and this definition I found on the 'net is NOT specific to just Michigan... please read entire definition here:

Constructive Possession legal definition of Constructive Possession. Constructive Possession synonyms by the Free Online Law Dictionary.


Constructive Possession

Constructive possession is a legal theory used to extend possession to situations where a person has no hands-on custody of an object. Most courts say that constructive possession, also sometimes called "possession in law," exists where a person has knowledge of an object plus the ability to control the object, even if the person has no physical contact with it (United States

v. Derose, 74 F.3d 1177 [11th Cir. 1996]). For example, people often keep important papers and other valuable items in a bank safety deposit box. Although they do not have actual physical custody of these items, they do have knowledge of the items and the ability to exercise control over them. Thus, under the doctrine of constructive possession, they are still considered in possession of the contents of their safety deposit box. Constructive possession is frequently used in cases involving criminal possession.

(bold added by me for emphasis)

Ok... would a prosecutor consider a person sitting in the front seat(s) who knows there is a gun in the center console and can easily access it to be "in possession" of that gun? I don't know (I suspect he would) but here is the crux of the matter.... Do you want to take that chance?

[jhodge83]

In my state if s.c. center console or if no console glove box is ok you are the permit holder,you are inside the auto you are covered, kind of like this you have a permit gun on closet shelf you are in den you are covered

you dont need a CWP in SC to carry a loaded weapon in your car as long as it's behind a latched enclosure (center console, glove box).

[The_Outlaw]

Ok, say I'm on a trip with my family and 2 adult friends. I plan to keep my gun in the center console, but I won't always be driving. Sometimes I will be in the back seat. I am the only one with CCW permit. Do I have to take the gun to the back seat with me?

If you are trolling......"Ma Vaffanculo!"

If you are not trolling, I would not advise you to keep your sidearm in the center console.
Get yourself a good quality concealment holster and keep it on you.

[USN2Pulpit]

Okay, I don't claim to be an expert, but the driver would not be in trouble in most states, because of the word "knowingly" in almost every state statute. That being said, however, imagine the shock if someone were to reach into the console, like maybe during a traffic stop.

Get a nice ankle carry or shoulder rig for the trip, and you won't have to worry about this.