Pulled over with handgun in glove box

[FN1910]

My understanding was that if you have a CWP you could no longer carry in the glove box or console. I though you HAD to carry it on you (or in a purse for a woman). Is that wrong? Once I get my CWP I would still be more comfortable if I could move the pistol to the glove box when I was driving.

That was the interpretation by one sheriff in SC and in fact made some arrests for that even though the SCAG abd courts ruled against him. The result was a law passed last session by the legislature specifically stating different. If you have a permit you can carry concealed on or about your person including in the glove box or console. Many times I will take mine and lay it on the seat beside me and cover it with a towel or put it in the console. As you say sitting on it can be uncomfortable.

[tattedupboy]

Let me just add that South Carolina's permit is a concealed weapon permit, not a conceal on your person permit. That means that as long as it's concealed, it does not necessarily have to be on your person.

[FN1910]

Let me just add that South Carolina's permit is a concealed weapon permit, not a conceal on your person permit. That means that as long as it's concealed, it does not necessarily have to be on your person.

Not entirely true:

(6) "Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.

The SCAG issued an opinion that a ladies handbag meets the standard for normal wear of clothing but did not elaborate further. Most have taken it to also mean such things a men's brief cases but that has not been tested in court. The only allowance for carry in the law is covered by clothing which would be on your person. The LEO that I have talked to agree that they would not bother with such a tight ruling but could not say that is would not stand up in court.

[tattedupboy]

Not entirely true:



The SCAG issued an opinion that a ladies handbag meets the standard for normal wear of clothing but did not elaborate further. Most have taken it to also mean such things a men's brief cases but that has not been tested in court. The only allowance for carry in the law is covered by clothing which would be on your person. The LEO that I have talked to agree that they would not bother with such a tight ruling but could not say that is would not stand up in court.

Outside of a vehicle, I don't know too many ways to conceal a handgun except on one's person, in a purse/handbag, a briefcase, or in a backpack. In a vehicle, if it's not on the person, it can only be concealed in the glovebox, center console, under the seat, or on a seat with a towel or other covering. Can't imagine why, even with the attorney general's ruling, why the police would give anyone a hard time carrying in one of these ways.

[gdcleanfun]

Outside of a vehicle, I don't know too many ways to conceal a handgun except on one's person, in a purse/handbag, a briefcase, or in a backpack. In a vehicle, if it's not on the person, it can only be concealed in the glovebox, center console, under the seat, or on a seat with a towel or other covering. Can't imagine why, even with the attorney general's ruling, why the police would give anyone a hard time carrying in one of these ways.

How to conceal a handgun without carrying on your person? How about in a stroller? My g/f "walks" her dogs in a stroller, they are old and diabetic, and she keeps her pistol in the "sun-bonnet" area, covered. How many moms might keep their pistols in the same place? How about carrying in a rolling briefcase? Lawyers, drug sales people, students, anyone with a back problem might do that...lots of room there. Any time I see someone with a loose fitting article of clothing or if they have "luggage," I try to ascertain if they are carrying. It's a game I've begun playing with myself, I'm trying to condition myself to conceal in better ways, learning what works, what not to do! Even my son has jumped on board, telling me what clothing allows for prints and what doesn't, even without being asked, that's saying a heck of a lot for an ADHD kid!

[netentity]

I also thought you meant the hand gun. Maybe I read it wrong as well.

I'm curious about the law. I don't know if it's the same in other states as it is in Nevada. Opencarry.org has a map. You'll see a great disparity on unlicensed open or vehicle carry over licensed or permitted CCW even in the "shall issue" States.

Every State is different. I make it a point to attempt to keep track of the States I frequently travel to. Opencarry.org has a map on vehicle carry. You'll note a great disparity between unlicensed open carry and licensed or permitted CCW.

Here, we can carry firearms in our vehicles because they are considered extensions of our homes and we can have concealed firearms in our homes.

Not quite, the reason we can have them concealed in our vehicles is because there's no NRS prohibiting it. The AG also made an opinion that carrying concealed applies to on or about your person in Nevada, not within your vehicle. The States that immediately come to mind where your vehicle is an extension of your home are LA and NM. It is not an extension of your home in Nevada. You can get arrested or cited for illegal CCW or possession of a firearm in a K-12 school, college, university or child care facility if it is concealed in your vehicle with a NV CFP, recognized CCW or nothing.

I wonder about the history behind carrying in our cars. I have a ccw so I can carry concealed upon my person. But if I had no ccw then I could not conceal the pistol on me while I was in my car. I could only have it concealed in the car itself.

It stems from NV AG Opinion 93-14 which clearly defines the NV CCW statute as applying to carrying concealed on your person or a container carried by the person not it being concealed in your vehicle.

The pistol is just as easily brought into fire position from the center console as it is from my hip, so, I'm wondering, if the pistol is in the center console and is as accessible to me as it would be if it were on my hip, why won't the law allow me to have the pistol concealed on my hip while in my car just as I am able to do in my home?

Because of the way the NRS is written and the AG opinion I have referenced.

Does anyone know the history behind the way the codes or the case laws came about to have this distinction?

See above.

[Stratus41298]

What grounds did you have the right to search the car?? I hope your not going to say because he had a gun? I will be polite to a officer who gives it first if they walk up like they are hot ***** then i will return it right back to them. I love how some LEO walk around thinking they are the only ones who have a right to carry a gun. You always get "Why do you carry a gun" Or "Why would you want to carry a gun".

In CT we have what is called "Reasonable Suspicion". As long as you suspect there could be something to that guy, you can stop and frisk his person or vehicle. In fact, with vehicles, an officer and frisk the car, search any and all unlocked, easily accessible containers (trunk doesn't count). Officer's safety is a big priority here.

[Glock Fan]

What grounds did you have the right to search the car?? I hope your not going to say because he had a gun? I will be polite to a officer who gives it first if they walk up like they are hot ***** then i will return it right back to them. I love how some LEO walk around thinking they are the only ones who have a right to carry a gun. You always get "Why do you carry a gun" Or "Why would you want to carry a gun".

She didn't "search" the car. The OP told her that he had a loaded gun in the glove box and asked her if she wanted to retrieve it.

I think the encounter went well. The part that confused the OP is why the officer returned the firearm unloaded and said "It's safer that way".



gf

[gdcleanfun]

Every State is different. I make it a point to attempt to keep track of the States I frequently travel to. Opencarry.org has a map on vehicle carry. You'll note a great disparity between unlicensed open carry and licensed or permitted CCW.

Not quite, the reason we can have them concealed in our vehicles is because there's no NRS prohibiting it. The AG also made an opinion that carrying concealed applies to on or about your person in Nevada, not within your vehicle. The States that immediately come to mind where your vehicle is an extension of your home are LA and NM. It is not an extension of your home in Nevada. You can get arrested or cited for illegal CCW or possession of a firearm in a K-12 school, college, university or child care facility if it is concealed in your vehicle with a NV CFP, recognized CCW or nothing.

It stems from NV AG Opinion 93-14 which clearly defines the NV CCW statute as applying to carrying concealed on your person or a container carried by the person not it being concealed in your vehicle.

Because of the way the NRS is written and the AG opinion I have referenced.

See above.

Thanks, Netentity, your post/response was very thorough.

[NavyLCDR]

It depends on where you are. Kalifornia registers handguns. All handgun sales have to go through an FFL and have to be registered with the state. I just got a gun from my son in Idaho and had to pay $19 to register it with Kalifornia. I basically only did that because if I get my Kalifornia CCW renewed this year, I want to put the new gun on it (and drop the P220 since I never carry it).

maybejim,
I am assuming you meant that you just obtained a gun from an FFL in California who received that gun from your son in Idaho. If not, you have just admitted to committing a felony:

18 USC 922:

(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

and implicated your son in comitting a separate felony:
18 USC 922:

(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

US CODE: Title 18,922. Unlawful acts