General Categories > Carry Issues

Notify peace officer question...

<< < (2/3) > >>

RobertH:
thanks for the replies.  my wife and i were talking about this and i couldn't find anything to solve our question, but i guess i'd do Option B.

armed and humorous:
Another thing to consider along these lines is the definition of carrying concealed.  As I read it, if you have a handgun in your glove compartment, or concealed anywhere else in your vehicle (other than on your person), everyone in the vehicle is considered as carrying concealed.  Therefore, if your wife (or other passengers) do not have a CHP, they are guilty of carrying a concealed weapon.  If the handgun is on your person, then other passengers are not considered to be carrying.  This is another section of the law that needs to be addressed, unless I'm missing something.

bullit:
"As I read it, if you have a handgun in your glove compartment, or concealed anywhere else in your vehicle (other than on your person), everyone in the vehicle is considered as carrying concealed"

I don't think that is an entirely accurate conclusion.  An example of your comment not being correct would be the discovery of an "illegal substance" (outside of "Mary Jane") in ones vehicle.  It may well belong to the passenger in the front seat or the hitchhiker in the back you picked up at mile marker 265.  Should they be in denial it is theirs you most likely will be the only one taking the ride.  In short, you da' Captain of the ship.....
Furthermore, in the criminal court of "beyond a reasonable doubt", the DA is really going to have a hard time proving who was legally or illegally carrying concealed.  Then there is the final issue of federal transportation of a firearm laws i.e. loaded, cased, locked, etc.

armed and humorous:
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.

armed and humorous:
bullit:

I can't say for sure, but I think you're wrong about other illegal substances, too.  While the judicial system may have the option of going after the driver of the vehicle, I believe in the eyes of the law, all persons in the vehicle are subject to prosecution.  This may be the case even if one person opts to take the fall for it.  At least, I wouldn't bet my good reputation on your assessment of the situation.  I'm not trying to be critical, just presenting my opinion for whatever it is worth.

Navigation

[0] Message Index

[#] Next page

[*] Previous page