General Categories > Carry Issues

Carry in vehicle with non CHP-passengers

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ILoveCats:
Ok, the one and only question that occurs to me after my CHP class (and I'm sure it was my fault and I spaced out for a second during the 'law' portion, and simply haven't re-reviewed my materials) pertains to off-body "carry" in a vehicle with non-CHP passengers.

Hypothetical: CHP-holding driver and non-CHP-holding passenger (adult spouse, adult child, minor child ... take your pick) are going on a summer road trip (staying within state lines for purposes of simplicity).  CHP-holder takes pistol off body for road trip comfort reasons and places pistol in center console (or in glove box, or under driver's seat ... take your pick).  The point is, it's within reach of the CHP holder and is quite reasonably his since he's driving his car, but it's also within reach of a non-CHP-holder. 

Couple is pulled over at friendly NSP road checkpoint and driver declares CHP status and, when asked by LEO where it is, informs that it's in the center console (etc.) and driver claims it as his own. 

Is the non-permit-holding passenger in any trouble with the law?

A search of this forum talks about hypotheticals where nobody "claims" a weapon, but I don't see a discussion of where somebody, a CHP holder, overtly does, and if that unequivocally alleviates any legal issues for the one, two or seven other people in the vehicle.

gsd:
I would say no, but I'm no lawyer.

It (the firearm) has been verbally labelled as being a possession of the CHP holder, should be no problem in my eyes.

bullit:
Keep it on your person...problem solved.  "Carrying a gun should be comforting, not necessarily comfortable." -Clint Smith, Thunder Ranch

Gary:
Everyone with unencumbered access to pistol needs to have a CHP.   If it is a little closer to driver, than other passengers, and the driver has the CHP, you are still in violation.

If you want a handgun in a console, glove box, etc., unlocked, everyone in the vehicle, front seat, backseat, last seat of a 15 passenger work van, must have a valid CHP and a second form of ID, military or state issued.

To pass as your handgun, and yours alone, it must be on your person, and under your control.

I understand when this CHP legislation was first passed, this was not interpreted this way.   A driver could leave his gun, in the console, under his seat etc.    A few gangs in Omaha were getting one ride along person with a clean record to apply and get a CHP, and then gang members were holding guns in the car. 

Now, everyone in the vehicle, having access to any handgun, must have a valid CHP.

If you have someone in the vehicle that cannot get a CHP, teen, toddler, keep your gun in your holster.

66bigblock:
break the weapon all down into its individual components while you are pulling over to the side of the road as suggested previously on this forum.

problem solved...  >:D


66bigblock

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