OC Car carry without LTCF w/a LTCFer in car

[Mtbkski]

I have a question. My betterhalf and I are OCing. She doesn't have a LTCF but I do. When we get in the car. Can she just remove the pistol from her holster, place it in the glove box, or center console? Is this legal, as long as I have a LTCF? Thought about this while driving around today.

[gnbrotz]

I'm sure that someone more knowledgeable will be along to clarify, but I'd personally be concerned with "constructive possession" - if your both seated up front, and the gun is in the center console, it may be very difficult to argue in court that the gun was not in her possession.

When I had my LTCF revoked (and after my wife received hers), we were able to legally carry a firearm in our car while traveling. If it wasn't on her person, it was secured in a lockbox under her seat. Completely out of my reach, and inaccessible by me as well.

[Pa. Patriot]

I don't think it's an issue.

As for the constructive possession mentioned by Gnbrotz, I don't think that's how it works.
If it did, every time someone got in your vehicle, without a LTCF of their own, you would be potentially in jeopardy if you keep a firearm in your GB or console.

I really doubt that would be a legitimate angle of prosecution... But, IANAL

[headcase]

Are you married? If so, it is your firearm, because there is no way to prove it isn't. You having a LTCF allows you to carry firearms in a vehicle. As long as the firearm is not on anyone else's person, then how is a case made that that person was in possession when you claim you were? Oh and just to be safe, I would have her disarm, before she gets in and hand the weapon to you.

Not saying that you wouldn't have to say this all in front of a judge, but it is, IMHO, not prosecutable

[gnbrotz]

With absolutely no legal background whatsoever:

I would imagine that a non-licensed car carrier placing a firearm in the console themselves might be considered differently than a random party unknowingly being in proximity to a firearm belonging to a licensed carrier in the same vehicle.

[gnbrotz]

Are you married? If so, it is your firearm, because there is no way to prove it isn't. You having a LTCF allows you to carry firearms in a vehicle. As long as the firearm is not on or about anyone else's person, then how is a case made that that person was in possession when you claim you were? Oh and just to be safe, I would have her disarm, before she gets in and hand the weapon to you.

Not saying that you wouldn't have to say this all in front of a judge, but it is, IMHO, not prosecutable

See my bold addition, though neither "on" or "about" are included with the vehicle provision itself - thus my thoughts on 'constructive possession'.

[Pa. Patriot]

With absolutely no legal background whatsoever:

I would imagine that a non-licensed car carrier placing a firearm in the console themselves might be considered differently than a random party unknowingly being in proximity to a firearm belonging to a licensed carrier in the same vehicle.

Ah... maybe so.
BUT, that would have to be admitted to in most circumstances.
Do not (ever) talk to the police.
http://www.pafoa.org/forum/general-2...lk-police.html

[headcase]

I do not want to dance, I'm tired.


If you are not a LTCF holder you do not take a firearm into a car, unless you fall under an exception and can prove it.

If you are a LTCF holder, there is no limit on the amount of firearms, or people you can carry in a vehicle. If your spouse or child purchased a firearm and gave it to you, and they happen to be in the car with you and the firearm, it does not prove they are carrying a firearm in a vehicle unless it is on their person/OR they cop to it. IMHO.

[knight0334]

This might help if you two are actually married.

§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--


(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 person's 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.

[shooter357]

This might help if you two are actually married.

Exactly what I was going to interject.
Mtbkski, are you married?