HCP Question

[RDL]

Lets say you are on a trip and you have placed your gun in a console or glove box while driving. I read in another forum that if you are stopped an officer can charge any passenger in your car that does not have an HCP with a firearm violation. They were saying that the person with the HCP must have the firearm in their posession. Anybody else heard this?

[BigPoppa]

Lets say you are on a trip and you have placed your gun in a console or glove box while driving. I read in another forum that if you are stopped an officer can charge any passenger in your car that does not have an HCP with a firearm violation. They were saying that the person with the HCP must have the firearm in their posession. Anybody else heard this?

Here's my old friends "they" passing out their wisdom again.

Short answer......no, under Tennessee law. If my gun is in the glove box of my car, it's still "in my possession".

[Fallguy]

Others with more legal expertise may can clarify what I'm saying better. But there are two kinds of possession "actual" and "constructive" (or something like that) If the gun is in the glove box, it isn't in anyone's actual possession, but it constructively could be in anyones or at least the driver and front seat passengers possession. If in your case the front seat passenger was a felon or someone else that shouldn't be in possession of a firearm it might not be good for them.

But I don't think as a general rule LEOs are looking to start charging everyone in the car with possession if driver has a permit.

But why wouldn't you keep it on your person or at least in closer reach to you?

[RDL]

If I am driving for several hours I am probably not going to want to have my pistol on especially if I am carrying IWB. Not comfortable for me. I will have it out of sight but in reach. My question was asked because I saw this raised on another forum. I really can't see an officer charging a passenger for this but thought I would ask the question and see if anyone had heard of this before.

[GLOCKMEISTER]

As long as you let the officer know it your gun and not thiers you will be fine. I think it all boils down to if you claim its your gun or not. If you have a carry permit, but insist the guns not yours... then you have an all together different story.

[Guest Chip Holland]

As long as you let the officer know it your gun and not thiers you will be fine. I think it all boils down to if you claim its your gun or not. If you have a carry permit, but insist the guns not yours... then you have an all together different story.

That's the way I see it too.

[Titansfan]

I normally keep my gun in the side pocket of the door beside me whether driving or passenger. When we switch, I make the purpose to switch the gun location.

[Guest Ggun]

As long as you let the officer know it your gun and not thiers you will be fine. I think it all boils down to if you claim its your gun or not. If you have a carry permit, but insist the guns not yours... then you have an all together different story.

Sorry, one HCP per car is not fine. You'll be sorting it out downtown.

[Guest Ggun]

I normally keep my gun in the side pocket of the door beside me whether driving or passenger. When we switch, I make the purpose to switch the gun location.

The better approach is to keep it in your actual possession. Plus, the risk of brandishing the handgun around is not really a good idea.

[Guest bkelm18]

Sorry, one HCP per car is not fine. You'll be sorting it out downtown.

So you are disagreeing with the several LEOs on this thread? Perhaps you could elaborate on your vast knowledge on this subject.

[Guest anthonyj]

Sorry, one HCP per car is not fine. You'll be sorting it out downtown.

so what if I have my wife and 2 kids with me with my gun underneath between front passenger and driver?

please do not tell me that my wife has to have an HCP too just because it's in between us......

[GLOCKMEISTER]

Sorry, one HCP per car is not fine. You'll be sorting it out downtown.

really, what will they charge the person with, please elaborate.

[GLOCKMEISTER]

so what if I have my wife and 2 kids with me with my gun underneath between front passenger and driver?

please do not tell me that my wife has to have an HCP too just because it's in between us......

she doesnt, Ggun doesnt know what he's talking about.

[Fallguy]

really, what will they charge the person with, please elaborate.

He won't be able to respond for at least 30 days.

[GLOCKMEISTER]

ooops, I forgot!

[Guest Merlin1]

I travel to Ohio frequently so mine is "on my person" at all times. I carry IWB too!

[frontier737]

Sorry, one HCP per car is not fine. You'll be sorting it out downtown.

If I'm wrong I am very sorry.

I would suggest Ggun is a troll. That is, he'll drop a short statement but not back it up. Apparently to provoke the readers.

Just my .02.

[frontier737]

If I am driving for several hours I am probably not going to want to have my pistol on especially if I am carrying IWB. Not comfortable for me.

ALERT!

Please do not think I'm slamming you but...if a gun is not comfortable maybe think about a different weapon and/or holster.

Granted there are a many factors I don't know but apply. But I think a self defense gun ought to be comfortable. If you went somewhere and needed it but it was in the glove box that would suck.

[RDL]

I don't feel slammed at all. That is what is great about forums. You get a lot of peoples opinions. My original question was posed to see if anyone knew what the law said about passengers in the car where a firearm is stored. It seems there are a lot of opinions.

I agree that it would be best to have it on. However, for times when I choose not to I wanted to know what the law said.

[Guest ProguninTN]

Others with more legal expertise may can clarify what I'm saying better. But there are two kinds of possession "actual" and "constructive" (or something like that) If the gun is in the glove box, it isn't in anyone's actual possession, but it constructively could be in anyones or at least the driver and front seat passengers possession. If in your case the front seat passenger was a felon or someone else that shouldn't be in possession of a firearm it might not be good for them.

But I don't think as a general rule LEOs are looking to start charging everyone in the car with possession if driver has a permit.

But why wouldn't you keep it on your person or at least in closer reach to you?

Fallguy has it right.

[Guest ProguninTN]

Others with more legal expertise may can clarify what I'm saying better. But there are two kinds of possession "actual" and "constructive" (or something like that) If the gun is in the glove box, it isn't in anyone's actual possession, but it constructively could be in anyones or at least the driver and front seat passengers possession. If in your case the front seat passenger was a felon or someone else that shouldn't be in possession of a firearm it might not be good for them.

But I don't think as a general rule LEOs are looking to start charging everyone in the car with possession if driver has a permit.

But why wouldn't you keep it on your person or at least in closer reach to you?

+1