General Categories > Carry Issues
Wanted: Sage Advice from the CHP Gurus....
ILoveCats:
--- Quote from: Les on November 29, 2016, 05:18:52 PM ---Since we're on this subject, not meaning to hi-jack the thread however, hypothetically if I have a pistol in the glove box while I'm a passenger (Legal CHP) is everyone in the vehicle carrying concealed? I know this has been discussed in the past but it doesn't hurt to refresh everyones memory.
--- End quote ---
Yes discussed here before but I look forward to the answers and would also add... are my minor children in the backseat criminals? I've always been curious about that.
Dad, Mom and Kids are on a road trip. Dad takes off his uncomfortable IWB holster during the long drive and stows it under his seat. Mom and Dad have CHPs so are GTG. What's the status of the 13 and 15 y.o. kids in the back seat?
Les:
--- Quote from: feralcatkillr on November 29, 2016, 05:49:52 PM ---Yes discussed here before but I look forward to the answers and would also add... are my minor children in the backseat criminals? I've always been curious about that.
Dad, Mom and Kids are on a road trip. Dad takes off his uncomfortable IWB holster during the long drive and stows it under his seat. Mom and Dad have CHPs so are GTG. What's the status of the 13 and 15 y.o. kids in the back seat?
--- End quote ---
Yeah, always seemed to me to be all sorts of legal landmines, that's why I opened this up for more discussion. Accessible not accessible, loaded not loaded, things that make you go , hmmmmmmm. And I would rather not be a test case.
Mali:
--- Quote from: SemperFiGuy on November 29, 2016, 05:30:17 PM ---
Here's the legal skinny on that question:
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28-1212.
Presence of firearm in motor vehicle; prima facie evidence.
The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.
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.
--- End quote ---
Precisely the reason my wife got her CCP. This way I could drive without the gun in the holster and she wouldn't get in trouble.
ILoveCats:
--- Quote from: Mali on November 29, 2016, 09:39:56 PM ---Precisely the reason my wife got her CCP. This way I could drive without the gun in the holster and she wouldn't get in trouble.
--- End quote ---
But what about my hypothetical with the kids in the backnseat? Is a three-year-old strapped in a car seat a criminal if Dad puts his weapon in the center console on a long road trip? What if he's ten years old? What if he's seventeen and still to young to get a CHP?
If an adult from the Panhandle is taking his high school-age kids and their teenage friends on a road trip to Omaha in a 15 person van, and he unwisely puts his pistol in the driver's side door storage, did he make a criminal out of a dozen people without their even knowing that he was in possession of a pistol?
If so this law needs changed.
Les:
--- Quote from: feralcatkillr on November 30, 2016, 10:29:15 AM ---But what about my hypothetical with the kids in the backnseat? Is a three-year-old strapped in a car seat a criminal if Dad puts his weapon in the center console on a long road trip? What if he's ten years old? What if he's seventeen and still to young to get a CHP?
If an adult from the Panhandle is taking his high school-age kids and their teenage friends on a road trip to Omaha in a 15 person van, and he unwisely puts his pistol in the driver's side door storage, did he make a criminal out of a dozen people without their even knowing that he was in possession of a pistol?
If so this law needs changed.
--- End quote ---
That's what I'm referring to, seems vague and many scenarios not addressed.
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