Unholstering Scenario

Unholstering Scenario

This is a discussion on Unholstering Scenario within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I carry locked and loaded IWB. However, occassionally I get sent into a place I am not allowed to carry and have to unholster to ...

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    Member Array Jdschoolerjdsch's Avatar
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    Unholstering Scenario

    I carry locked and loaded IWB. However, occassionally I get sent into a place I am not allowed to carry and have to unholster to leave my EDC in the vehicle. But, my wife is with and stays in the car.

    Do you feel she is illegaly in possession of a concealed and loaded weapon in a motor vehicle? What if I lock it in one of those personal vaults?

    I plan on having her get her own CCW Permit but unti then?
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    Member Array CWOLDOJAX's Avatar
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    I think locked in the glove box is okay in FL and GA.
    What state are living in?


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    Quote Originally Posted by Jdschoolerjdsch View Post
    I carry locked and loaded IWB. However, occassionally I get sent into a place I am not allowed to carry and have to unholster to leave my EDC in the vehicle. But, my wife is with and stays in the car.

    Do you feel she is illegaly in possession of a concealed and loaded weapon in a motor vehicle? What if I lock it in one of those personal vaults?

    I plan on having her get her own CCW Permit but unti then?
    YES - where I live, if she and the gun are in the car she is legally in possession of the gun. That is why several of the guys in our shooting group have really pushed their wives to get a carry permit even if they will never actually carry a gun themselves!

    If you lock it in a vault I do not think your wife is in possession of it - at least, not if she isn't carrying the key for the vault.

    Where you live the law may be different.
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    VIP Member Array StormRhydr's Avatar
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    Yeah, its a problem easy to run in to. Then again, Id rather defend my wife against a charge, than have her left defenseless.
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    VIP Member Array Harryball's Avatar
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    40bob is a ND instructor if he does not chime in send him a PM he should be able to help. As far as my state is concern it is a no no.....
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    Senior Member Array foxytwo's Avatar
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    In Ga you do not need a licence to have a pistol in the car. Look at handgunlaw.us and it should answer your question.
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    VIP Member Array Ghost1958's Avatar
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    What does your state law say about a handgun in the open in an occupied vehicle. That answers your question.
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    Start here: http://www.handgunlaw.us/states/northdakota.pdf

    Then, from there, you can find links to sections of the ND Handgun laws.

    It is a good exercise for you to know your state laws regarding handgun possession.
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    Senior Member Array Kasey88's Avatar
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    I would think i would go by what the law states so far as leaving it in the car.I know in my state,it just simply needs to be in the glovebox or console.It doesn't have to be locked.Just in a compartment that will close.
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    Member Array Jdschoolerjdsch's Avatar
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    Perfect, it is settled then. We need to get her a CCW License ASAP. Its a good excuse. Then she will do it for me.
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    Senior Member Array 19Kvet's Avatar
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    In Colorado, you have the same rights to carry as in your home, that is, locked and loaded no CHP needed unless it's concealed on your person.

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    Member Array wysh's Avatar
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    Where I live you are not carrying unless it's on you. And if it's your car and she's a passenger, even if you are not in your car at the time, you are in control of your gun and she has nothing to do with it. That's how it was explained to me. The car has to be registered to your name and also your gun.

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    VIP Member Array Easy8's Avatar
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    I rarely leave my gun in the car but sometimes you are forced to for a short time. I suggest a nano vault or the like bolted under your seat for those times.

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    VIP Member Array Bad Bob's Avatar
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    You are correct. In ND she needs a permit to be legal. As HB stated I am a ND Concealed Carry test Administrator. Where in ND are you located.
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Jdschoolerjdsch View Post
    I carry locked and loaded IWB. However, occassionally I get sent into a place I am not allowed to carry and have to unholster to leave my EDC in the vehicle. But, my wife is with and stays in the car.

    Do you feel she is illegaly in possession of a concealed and loaded weapon in a motor vehicle?
    Imagine being in an anti-gunner state with a zealot DA. What do you think they would think, so long as the state statute defining "possession" as being within one's control (ie, someplace within the cabin, easily accessible)? Shouldn't really matter whether that person doesn't happen to have put it there, owns it, or is "just" a passenger in that car next to the weapon.

    Personally, I just see it as another tool, and something that's left in the glovebox until you return ... not something that means the other person is possessing it for the duration. But what I think isn't the point.

    Taking the pessimist view, yes I'd suggest you should consider possession of that firearm to be similar to possession of the purse in her hands. In terms of accessibility, it's no different. The anti-gunners would surely see it that way.

    If you're going to leave it behind in an occupied vehicle, I'd lock it up in a manner where the people inside the car don't have access. Hard to claim they don't have access unless you do that. And a person can indeed get in trouble if caught "in possession" (with access). Better safe than sorry, at least until such time as your state statutes change to allow vehicle carry without a CHL or she gets her CHL.
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