What's the law on having gun in car when non-LCH adults are present? [Archive] - Glock Talk

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FThorn
06-15-2007, 07:32
What predicaments are there for not keeping your guns on your person, but in the car (storage) with other adult passengers that are not LCH?

If I'm PRESENT I would think NOT MUCH. But what if I run into the store while they are in there?

Any precedents?

Again, just talking about Indiana. (But I would be curious of other state's as well)

KSFreeman
06-17-2007, 16:15
Ummm, none, but where are you keeping the other guns? In your wife's purse?:supergrin:

boilergonzo
06-22-2007, 20:46
I was hoping for some info on this, as well. Gun is stowed, family is in car, I go inside gas station to buy gas/get drink/expel drink. Is wife unwittingly illegally concealing a weapon and at risk.

(gun is secure, has locks, she is not a felon, she doesn't want to get carry license, and all other peripheral arguments regarding securing the weapon set aside to focus on the specific question at hand)

WhiteWizard
06-27-2007, 16:32
DISCLAIMER: This is of course all just my opinion and my interpretation and I don't claim any responsibility or liability for your actions.
(I hate that I even need to say that.)

Here's the official code from the State of Indiana:

IC 35-47-2
Chapter 2. Regulation of Handguns

35-47-2-1 Sec. 1. (a) Except as provided in subsection (b) and
section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.

Translation: Unless you're in your home, in your place of business, or on your own property, you must have a license in your possession in order to have a handgun in your vehicle or on your body. (This is of course ignoring the obvious exceptions, which are basically LEOs and workers at handgun-related businesses.)

That is the only use of the word "vehicle" (that Acrobat Reader could find) in Chapter 2 of the Code. If the basic question here is whether or not other adults in the car are subject to prosecution for "illegal possession" or similar charges, I don't see HOW or why they would be. That's quite a stretch and I seriously doubt any reasonable LEOs would try that. Children alone with no adults are of course another matter entirely; that's asking for trouble.

Also, It DOES say "in any vehicle", so my interpretation would be that if you're riding with your buddy in your buddy's car, you could reasonably leave your gun in the car when you run into the gas station.

This is of course speaking, like boilergonzo said, with "all other peripheral arguments regarding securing the weapon set aside."

Just my two cents. It's not my butt on the line, so it's still your call. Hope that helps.

=WhiteWizard=

Berretta9
07-02-2007, 17:39
In Kentucky you don't need a CCDW as long as it's in a factory glove box. Locked or not , doesn't matter.

IPDBrad
07-02-2007, 21:00
Using the example of going into the store and leaving the gun in the car with those without License's, puts them in a trickbag.

Oh Yeah, tactical no no.;)

They are then in possession of the firearm if it is within reach or ready access. If you are carrying it or have it your seat when stopped, doubtful anyone would arrest anyone else in your car.

Now, if you have a license but passed it to someone else in the car they would be in possession and risk arrest without license.

FThorn
07-03-2007, 06:11
That's exactly why I asked. Technically, you can't 'run in' for something. You have to ask everyone to accompany you.

KSFreeman
07-03-2007, 07:05
Real stretch for constructive possession, but you never know.