Concealed permit in car with others

Concealed permit in car with others

This is a discussion on Concealed permit in car with others within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hey guys, I'm new here and new to the world of concealed permits. I just got my PA resident permit and am planning on a ...

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  1. #1
    Member Array mtrogers's Avatar
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    Concealed permit in car with others

    Hey guys, I'm new here and new to the world of concealed permits. I just got my PA resident permit and am planning on a camping trip with my hippie liberal father (every family has to have one ). I was thinking of leaving my firearm in my pack in the backseat while driving (really just want to have it in the woods). He is worried that if he gets stopped while driving his car, a LEO would give him trouble about the gun even though it is in my name and I have the permit. Can anyone put our minds to rest over this issue....thanks!!!


  2. #2
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    The LEO would never know unless you told him.

    Even if PA is a "shall inform" state, as a passenger you are not required to inform unless he specifically adresses you. If he askes for your DL, then give him your permit also.

    Should be no issues.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  3. #3
    Member Array mtrogers's Avatar
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    cool, thanks!!!

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    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by HotGuns View Post
    The LEO would never know unless you told him.

    Even if PA is a "shall inform" state, as a passenger you are not required to inform unless he specifically adresses you. If he askes for your DL, then give him your permit also.

    Should be no issues.
    NOT correct in Ohio.

    In Ohio, if you're "stopped" for an official purpose, you MUST "promptly" notify. Unless you somehow continue moving when the car stops, you as a passenger have a LEGAL DUTY to "promptly" inform. Not only that, you (and the driver) have a LEGAL DUTY to "promptly" inform EVERY LEO with whom you come in contact during that stop.

    As far as PA goes, there is NO duty to notify, whether as the driver or a passenger, and I certainly would not.

  5. #5
    VIP Member Array chiefjason's Avatar
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    Would it make him feel better if you just CC'd it on your person. Sounds like the possession issue is more important than the gun issue. No question who's it is if you are wearing it. Just a thought.
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  6. #6
    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by chiefjason View Post
    Would it make him feel better if you just CC'd it on your person. Sounds like the possession issue is more important than the gun issue. No question who's it is if you are wearing it. Just a thought.
    It's best to just carry whenever you can.

    A couple of years ago, I went deer hunting in Missouri with my best friend from college.

    I carried all the way from Cleveland to the Indiana-Illinois border. We stopped in Indiana, got gas, and I unloaded my firearm. We then drove across Illinois without spending a PENNY. When we crossed over into Missouri, we stopped again, where I rearmed. I carried the rest of the time I was in Missouri until we returned, when I again disarmed before entering Illinois, spent NO money, and rearmed in Indiana.

    The last time I had to point a loaded firearm at somebody, it was on the interstate when somebody tried to force a friend and me off of the road in the middle of the night, probably pursuant to a carjacking. Don't assume you won't need a gun while on the highway.

  7. #7
    Distinguished Member Array AKsrule's Avatar
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    Quote Originally Posted by mtrogers View Post
    Hey guys, I'm new here and new to the world of concealed permits. I just got my PA resident permit and am planning on a camping trip with my hippie liberal father (every family has to have one ). I was thinking of leaving my firearm in my pack in the backseat while driving (really just want to have it in the woods). He is worried that if he gets stopped while driving his car, a LEO would give him trouble about the gun even though it is in my name and I have the permit. Can anyone put our minds to rest over this issue....thanks!!!
    You are Good to Go.

    PA UFA

    (a) Offense defined.--
    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

    (b) Exceptions.--The provisions of subsection (a) shall not apply to:

    (11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

    -------
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  8. #8
    VIP Member Array mprp's Avatar
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    I would hope that if it is your car, your firearm, your permit and it is not on HIS person, you would be ok.

    P.S. I am not an attorney.
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  9. #9
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    State-by-State

    Another one of those State-by-State issues.

    Here in Virginia it has been a sticky issue in some of the more anti-gun jurisdictions.

    The key issue is the "Possession of the firearm" -- ownership not withstanding.

    As of July 1, things will get better.

    As of now, if the LEO "establishes" a person w/o a CHP has access to a "concealed handgun" that person is in violation, even if the "concealed handgun" was in a container owned by someone else.

    For example, I drive my handicapped wife to a hospital that is posted. I un-holster, and place the loaded gun in the glove compartment, walk around the car to help her out and I would have just put her in violation of "case law" made by an anti-gun judge.

    OTOH, in your case/example, if he is driving and the gun is well out of his reach, it would not be a problem here.

    See discussion at

    http://www.defensivecarry.com/vbulle...veling-va.html

    and

    http://www.defensivecarry.com/vbulle...partments.html
    Last edited by DaveH; June 15th, 2010 at 03:37 PM. Reason: clarify the OTOH
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  10. #10
    Member Array mtrogers's Avatar
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    Quote Originally Posted by DaveH View Post
    Another one of those State-by-State issues.

    Here in Virginia it has been a sticky issue in some of the more anti-gun jurisdictions.
    Thanks Dave, we actually are driving through VA, (through Wytheville/Bristol). I'm guessing those areas are more gun friendly than up toward D.C.

  11. #11
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    Quote Originally Posted by mtrogers View Post
    Thanks Dave, we actually are driving through VA, (through Wytheville/Bristol). I'm guessing those areas are more gun friendly than up toward D.C.


    NOVA, Tidewater, & Richmond area can be tricky.

    I assume from your ID of Wytheville/Bristol you are coming down from western PA via something like 79-77-81 through WVa and bypassing Md. If so, you should be OK. Neither Va or WVa are "Must Notify" States and both do honor PA.

    OTOH, if passing through Md, LOOK OUT. Fully unload, and lock out of reach -- ammo separate from gun.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  12. #12
    Member Array ruffinit's Avatar
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    I actually asked that question in my class here in NC as I was thinking of carrying off body in my car from time to time with my fiancee in the car with me. The reply from my instructor was that if the person in the car with you doesn't have a permit, then the weapon would need to be where they couldn't get to it or you are in violation. The suggestion was to either carry on my person in that situation or to use the map pocket of the door on my side if I just HAD to carry off body for some reason in the car.

    I don't know the wording of the laws here or where you are on this situation, but I would tend to err on the side of caution.

    Be safe!
    Ruffinit
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