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Thread: passenger

  1. #1

    passenger

    I do have a CCW permit. I usually leave my gun in the glove box when I go to lunch with my lunch buddy. He does not have a permit. Is it possible for LE to give him grief about that since he's just sitting in front of it? It should not but I wonder if anybody has the specifics.

  2.   
  3. #2
    Why? It's not his gun.

  4. #3
    Given a universe with unlimited possibilities... or a Nation with unlimited Lawyers (same comparison), ANYTHING is possible.

    However, a LEO with any brains at all will not bother to get into such legal hair splitting stuff, has better things to do with his time.

    Just sayin'.

    GG
    Fanatics of any sort are dangerous! -GG-
    Which part of "... shall NOT be infringed..." confuses you?
    Well now, aren't WE a pair, Raggedy Man? (Thunderdome)

  5. From the AG's website:

    "If the weapon is concealed near, in close proximity to, or within the convenient control and access of an occupant, which would allow him/her to use the weapon quickly, then a fair probability exists that the occupant is in violation of the law. Therefore, care must be exercised by any occupant of any vehicle to ensure that weapons are securely locked away in as remote an area as possible, in relation to the passenger compartment of the vehicle. It is important to emphasize that these prohibitions apply to passengers, as well as drivers of any vehicle."


    If your glove box locks he'd probably be OK, since it wouldn't be "within the convenient control" or "allow him/her to use the weapon quickly". But if not I guarantee you there's a cop somewhere in NC that'll arrest him for it. I don't have any case law, or experience with your particular situation, but it's definitely a possibility. It's most likely one of those situations where the charges would be later dismissed, after a lot of lost time and expense to your passenger, if he's doing nothing wrong at the time. "Fair probability" would seem to me to mean it's a bad bet in Vegas!

    RE: http://www.grnc.org/firearms.htm, secion "D Transporting Weapons"

  6. #5
    That does make some sense but I think the primary concern in that section was transporting the firearm in the glove box WITHOUT a CCW permit. Since I do have one I can certainly put it there if I am in the car alone. On the other side, if I have the gun on my hip, any passenger could just as well yank it out of my holster, in theory. But I do not believe that would or should be an issue for the law either.

  7. When I was doing the cops-and-robbers thing, one of the deciding factors on who gets the free ride was who was in "care, control, and custody". If you are in the driver obviously you would be in care, control, and custody of the vehicle. When you get out and leave the non-ccw passenger in the car then he is in care, control, and custody of the vehicle.

    I ain't a lawyer, but I've been there. This is why when the cop searches the car and finds dope, the "It ain't mine!" defense never works, even if you borrowed the car.

    I saw a guy get arrested in Western NC when he was pulled over and the cops found a .22 revolver under the drivers seat. He had borrowed the car just a few minutes earlier to run to the store a mile or so down the road. I got the impression that he was genuine in his story, and he even called his dad on the cell phone who told the officer it was his pistol and his son had no idea it was there, The dad forgot it was there when he let the son take the car. He was still charged and convicted of carrying a concealed weapon.

    He was guilty according to the letter of the law, but I felt he wasn't guilty in the spirit of the law.

  8. #7
    Well, there's the problem with laws and lawyers, they come up with all sorts of interpretations you'd never have dreamed of. Ultimately you get to a point where you just have to hope that there will be an ounce of common sense left or you go nuts over all the things to worry about.

    I will see if I can't ask a fellow club member at my gun club who happens to be a cop to get some input how he'd feel about that. The question has to be a fairly common one, realistically.

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