Posted: 11/6/2011 8:37:59 PM EDT
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Lets say that I have a permit and that I have a handgun concealed in a backpack behind the drivers seat. It is within reach of myself and anybody in the side passenger seat, but obviously is in a holster inside the backpack, which is zipped shut.
If the person in the side passenger seat does not have his/her permit, and I am pulled over and asked if I am carrying, which technically I am, and the PO asks where, can the side passenger be charged with carrying a concealed weapon without a permit? |
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Fails the "and knows it is there" part of the "concealed" wording. So, they aren't doing anything wrong. I wouldn't call a backpack behind the seat a good place to conceal though. There's little point if you can't get to it fast. All you are doing is giving the carjacker another gun.
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Quoted:
Fails the "and knows it is there" part of the "concealed" wording. So, they aren't doing anything wrong. I wouldn't call a backpack behind the seat a good place to conceal though. There's little point if you can't get to it fast. All you are doing is giving the carjacker another gun. Or maybe you're just transporting it for a weekend of backpacking. |
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Quoted:
Lets say that I have a permit and that I have a handgun concealed in a backpack behind the drivers seat. I assume a driver is legally in control of the vehicle? Even if you didn't have a permit as long as one person in the vehicle does, they can claim it is their gun. If you jump in another car with your pack it is your gun in your pack in your control. That is how it has worked in other states I have lived where the vehicle was not considered an extension of your home. Where you will get into trouble is when family borrows your vehicle with your pack still in it. To be safe your Wife/Husband/SO should all have permits and the pack removed when kids borrow the car. No matter how strong a routine is, there will be that one Friday night where you leave the pack in the truck and Saturday morning someone else needs to use the truck while you sleep in. That is a clip from my reality. My GF can use the truck because she has a permit (before we moved to WI). I can use her SUV with no worries because I have a permit. So packs with guns, "truck" guns and carry guns left in vehicles are not an issue except for theft. |
