Concealed carry in car without license

[wnehez]

Hey Everyone,

I have read a bunch of posts on here before but this is my first post. New member so take it easy on me. I have read different thoughts on concealed carry and I just got my letter back from the good ol' sheriff stating my license to carry was denied and sent me the application for an appeal to state police, which I might take advantage of since I have many family members in the force all different rankings and divisions. My wife also applied the same day but she did not get her letter yet which I am assuming means she is going to be approved. My question is this;

If she is approved and is a licensed carrier,

1-Whenever we go somewhere, she can just carry my gun and either continue to carry it or give it back to me to open carry when we get somewhere?

2-Since her name and my name is on the car, registered to us both and the lease is in both of our names, and she is a licensed carrier, even though I am the usual driver of that vehicle, she can leave a handgun in that car, loaded, in the glove box, and she does not have to be in the car? Meaning I will not get in trouble traveling by myself with a loaded handgun in the glove box if she has her license to carry.

Any thoughts on this?

[MT1]

1- Probably not a problem as long as you don't "accidentally" place the handgun in your pocket, let it be covered by a shirt/jacket, get back in car before handing gun back over (I see a lot of room for error).

2 - Her gun in car concealed & loaded as described + you in car without her + you no LTCF = you go to jail and lose additional firearm rights.

Reread your #2 above and tell me if this even sounds anywhere near legal. I really want to ask if this is a serious question but I'll honor the request to go easy on you. It's her LTCF. It is not your license to take her concealed/loaded firearm for a drive.

[wnehez]

1- Probably not a problem as long as you don't "accidentally" place the handgun in your pocket, let it be covered by a shirt/jacket, get back in car before handing gun back over (I see a lot of room for error).

2 - Her gun in car concealed & loaded as described + you in car without her + you no LTCF = you go to jail and lose additional firearm rights.

Reread your #2 above and tell me if this even sounds anywhere near legal. I really want to ask if this is a serious question but I'll honor the request to go easy on you. It's her LTCF. It is not your license to take her concealed/loaded firearm for a drive.

Haha I understand your logic, however upon reading more and more threads and statutes, it got me thinking a little differently for my #2 question. For example, an exception for getting in trouble for having a loaded concealed firearm in your possession:

"b) Exceptions.-- The provisions of subsection (a) shall not apply to:
....
....
....
13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the persons' name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.


Idk, how do you interpret that?

[1911Operator]

I gotta ask...why were you denied?

[MT1]

I think the way law enforcement will interpret it is you have a concealed handgun in your car (regardless of both names on title or loan), it is loaded, and you have access.

You can use the cited exception as an argument but the odds are you will lose.

You don't mention why you were denied, and I'm not going to ask because it is irrelevant. But... let's assume there is something in your past that the cops will see when they stop you and run your license through the system. You've already popped a red flag, do you expect to get a break on a concealed firearm based on a gray area in the law? Nope, you'll get charged and the cop will let the judge make the decision.

[wnehez]

I gotta ask...why were you denied?

It said in the letter "According the PICS you have been denied or placed in an undetermined status." which I am assuming would be because of a small possession of mary jane charge when I was 18, which I was going to appeal because the controlled substance act of 1972 or whatever it is called lists schedule 1 drugs as one that is not accepted anywhere in the united states as medicinal, which, times have changed, its accepted many places in the united states as medicinal and soon to be here in PA. But I get it, when the charge happened, it wasn't, so therefore it would be null and void in my case, but I figured it would be worth a shot.

[wnehez]

I was just wondering if anyone else knew about this because when I recited this exception to my family over Easter, even the state police said that the way that is worded sounds like it is a loophole. Just wanted to get opinions.

[MT1]

It said in the letter "According the PICS you have been denied or placed in an undetermined status." which I am assuming would be because of a small possession of mary jane charge when I was 18, which I was going to appeal because the controlled substance act of 1972 or whatever it is called lists schedule 1 drugs as one that is not accepted anywhere in the united states as medicinal, which, times have changed, its accepted many places in the united states as medicinal and soon to be here in PA. But I get it, when the charge happened, it wasn't, so therefore it would be null and void in my case, but I figured it would be worth a shot.

Don't take this as sarcasm but I would put my efforts into getting the charge expunged as opposed to using a loophole for a defense.

Just because your source is a State Cop doesn't mean anything. That trooper isn't going to have your back in court and he/she is not a lawyer. Some of the absolute worst advice I've heard has come from cops who people assume have legal training. They get an abbreviated course on the common crimes and how to look up the rest of the stuff. Your trooper relative was simply saying "maybe".

As for the drug charge, at the time it was a crime. What the Commonwealth changes/decides next week or next year does not nullify the fact that you were charged with possession and found guilty.

If you want legal advice, go talk to a lawyer. The opinions of family members are for the most part useless unless they have a law degree.

[fuzzywuzzy]

1. If you got a Challenge Form it was not the fault of the good 'ol Sheriff that you were denied. It is unlawful for them to issue you a LTCF without an approval number from PICS/PSP. Checking threads here you will see that our members always insist that Sheriffs obey the law.

2. Go ahead and ask your relatives who are in various positions and assignments with law enforcement to help. I'm sure all of them will be glad to commit various felony and/or misdomeanor violations of the Uniform Firearms Act/Gun Control Act/Brady Act on your behalf. You're that special.

3. Quit smoking pot. You sound high right now.

4. Good luck!

[wnehez]

Don't take this as sarcasm but I would put my efforts into getting the charge expunged as opposed to using a loophole for a defense.

Just because your source is a State Cop doesn't mean anything. That trooper isn't going to have your back in court and he/she is not a lawyer. Some of the absolute worst advice I've heard has come from cops who people assume have legal training. They get an abbreviated course on the common crimes and how to look up the rest of the stuff. Your trooper relative was simply saying "maybe".

As for the drug charge, at the time it was a crime. What the Commonwealth changes/decides next week or next year does not nullify the fact that you were charged with possession and found guilty.

If you want legal advice, go talk to a lawyer. The opinions of family members are for the most part useless unless they have a law degree.

Completely agree with you about not taking their advice to the bank. Kinda why I was coming here to see what others thought and if maybe they even had an encounter such as this. I like getting as much information as possible and I know this forum gives out a lot of great advice. I actually was going to also spend my time working for the expunged record, then re-applying after that has worked its course. Like I said, I just was looking for others who have done research in this and also relay my experience.

Also, thank you for your service. I have great respect for all those that serve to keep this country safe and secure.