NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: sjwsti on September 15, 2011, 08:19:02 AM
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An acquaintance of a friend posed an interesting question to me the other day and I wasn't sure of the answer.
He works for an employer who does not restrict CCW in his workplace. That said, there is a felon who is also an employee there.
Can this person carry knowing that a felon is also employed there? Is it a matter of proximity? Or would simply running into this person put you in jeopardy of violating the law?
- Shawn
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IANAL but my guess, the law prohibits a felon from possesing and law enforcement have shown they will prosecute those who create the ability for a felon to possess. But by carrying a firearm on ones person you have it available to you, not someone else, it is in your control. Much like having a locked gun safe that the felon can not get into (have a family member that this is what a prosecutor instructed to do), he does not posses because he does not have access. Now if they were to go riding in a car where the CCW permit holder had his gun in an unlocked glove box, they both would be considered in possesion so...
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I would agree with Andy's assessment. I also have a family member who is prohibited from posessing, yet I carry around him all the time. He knows I do, and knows that I will not allow him access. I dont see an issue to be honest.
Ron
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Thanks, I`ll pass that info along.
- Shawn
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I have a family member who is a felon. I either carry my .380 in my pocket or I leave my larger models locked in my glove box in my car. Because they are the ones who are worried about me carrying around them.
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I'll re-echo my opinion that you are remaining in control of the weapon while you are carrying it. Similarly, if you leave it in a locked container, you are still controlling it. If the felon happens to break into the locked box... well.. what were you supposed to do about that ? It's locked!
I work with a felon as well. Just don't go handing it to them and say "here, check this out".
Anyone/everyone should always maintain control of any weapon at any rate.... or only relinquish control to a trusted individual, etc.
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I don't know where you'd find out for sure, but keeping a gun in the glove box might not satisfy legal authorities when it comes to having a felon in the vehicle with you. Federal law allows anyone legally allowed to own a gun to transport it in any state, but that is subject to restrictions in many cases, such as being unloaded and locked "out of reach" by driver or passengers. The glove box does not meet those requirements, locked or not. Depending on the circumstances and the LOE involved, you and the felon might be facing charges.
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I don't know where you'd find out for sure, but keeping a gun in the glove box might not satisfy legal authorities when it comes to having a felon in the vehicle with you.
For NE code - it wouldn't be in an unlocked glove box anyway. State law says it needs to be locked and hardened container. My pickup doesn't have a locking glove box, so I make use of one of them lock boxes that's chained around the car seat bolts/legs.
018.06 Except as prohibited by federal law, a permit holder may carry a concealed
handgun in a vehicle or on his or her person while riding in or on a vehicle
into or onto any parking area which is open to the public and used by any of
the places or premises listed in Section 018.01 above if the handgun is not
removed from the vehicle and the handgun is properly secured in the vehicle
before the permit holder exits the vehicle. To be properly secured in the
vehicle, the handgun must be locked inside the glove box, trunk or other
compartment of the vehicle, in a storage box attached to the vehicle, or in a
securely attached hardened compartment if the vehicle is a motorcycle.