Her Glovebox, My Gun....

[G27]

LOL, I see somebody is paying attention!

So it wasn't just me...

[kb4ns]

You've received great, dead-on answers thusfar. It seemed to me that in the original post, you put too much emphasis on her car. Ownership of the car (or gun for that matter) are completely unrelated to the issue. Like others have stated, possession is the key. Now go get her signed up for a HCP class!

[strickj]

Why don't you just buy your own car?

Scrub...hangin' out of the passenger seat...

[Guest Jamie]

Why don't you just buy your own car?

Scrub...hangin' out of the passenger seat...

YouTube - TLC No Scrubs '99 Uncut

J.

[Guest friesepferd]

ya. id like my husband to get his HCP for this reason. determining 'who is in possetion' can be tricky i think. really i donno the correct answer.

if you are in the car, no problem. if you both leave? really not sure. if shes in the car and u not- probably not good.

then you can get into the argument well, ya technically its in her name, but you are married so its really both of yours.. etc. would the situation be different if you were talking about your friends car?

[Guest Jamie]

ya. id like my husband to get his HCP for this reason. determining 'who is in possetion' can be tricky i think. really i donno the correct answer.

if you are in the car, no problem. if you both leave? really not sure. if shes in the car and u not- probably not good.

then you can get into the argument well, ya technically its in her name, but you are married so its really both of yours.. etc. would the situation be different if you were talking about your friends car?

Keep in mind that whoever is driving the car is not only in control of it, but also whatever is in it, if they are alone.

Let me put it this way: If a cop finds you sitting in a parking lot, behind the wheel of a car, with the keys in the ignition, passed out drunk... you're most likely going to get a D.U.I. even though the vehicle isn't running and you aren't driving.

Why? Because you're in public, drunk, and in control of a motor vehicle.

( If you were in the back seat, keys in your pocket, the worst you'd likely get would be "Public Drunk". )

The same will most likely be true for anyone - friend or spouse - that's found in control of a vehicle, with a gun easily accessible to them, and no permit for it. And no it doesn't matter if their name is on the registration or if said vehicle has just been loaned to them.

J.

[Guest friesepferd]

ya.. thats really a good point. and i guess thats really the reason why a HCP holder leaving a gun in a car, and everyone leaving the car, is somewhat of a question.

The gun is not in anyones possetion at that point in time.

I would think that if for whatever reason (someone hits ur parked car or somethin), a cop finds out that a gun is in your car, finds out that the car belongs to person X, who has no HCP... then, its probably not a problem if a person with a HCP claims that the gun is his/hers and was never in anyone elses controll?

[JAB]

I just wish that the legislature would pass a law stating that one's personal vehicle is an individual's personal 'domain' just like one's home. If written correctly (and IANAL so I don't know the exact language that would entail), aside from making the OP and others clearly okay in the aforementioned situation, it would achieve a lot of other good things, IMO - such as:

1. No need for a 'parking lot' carry law. Instead, the law should say that (other than LEOs with valid cause and a warrant) it is none of anyone's business what remains in your car regardless of where it is parked and no one has the right to tell you what you can or cannot have in your personal vehicle - including your employer while you are at work (even if your employer is the state of TN.) Of course, state law couldn't really change Federal employers' rules, I guess but it would cover everyone else.

2. Write the law so that it isn't anyone's business and you can't get in legal trouble if you have a firearm in your vehicle anywhere - even on school property - as long as it remains in your vehicle.

3. Allow people with no HCP who can legally have a firearm to legally keep/carry a loaded firearm in their vehicle just like they can at home.

Edited June 15, 2010 by JAB

[Guest Jamie]

There's enough gun laws already on the books... so how 'bout getting rid of some instead?

Rather than writing laws making all those things legal, just stop making them illegal.

J.

[Guest Glock23ForMe]

I just wish that the legislature would pass a law stating that one's personal vehicle is an individual's personal 'domain' just like one's home. If written correctly (and IANAL so I don't know the exact language that would entail), aside from making the OP and others clearly okay in the aforementioned situation, it would achieve a lot of other good things, IMO - such as:

1. No need for a 'parking lot' carry law. Instead, the law should say that (other than LEOs with valid cause and a warrant) it is none of anyone's business what remains in your car regardless of where it is parked and no one has the right to tell you what you can or cannot have in your personal vehicle - including your employer while you are at work (even if your employer is the state of TN.) Of course, state law couldn't really change Federal employers' rules, I guess but it would cover everyone else.

2. Write the law so that it isn't anyone's business and you can't get in legal trouble if you have a firearm in your vehicle anywhere - even on school property - as long as it remains in your vehicle.

3. Allow people with no HCP who can legally have a firearm to legally keep/carry a loaded firearm in their vehicle just like they can at home.

Agree with all but the last one... Even if I did start this thread. Your car may be your domain in the parking lot at work, but you have a HCP to have the gun there...

[redstategunnut]

This thread is not at all what I thought it was about......

[Guest Glock23ForMe]

This thread is not at all what I thought it was about......

HAHAHAHAHAHAHAHAHA

[JAB]

Agree with all but the last one... Even if I did start this thread. Your car may be your domain in the parking lot at work, but you have a HCP to have the gun there...

Yes, currently you do have to have an HCP to legally have a loaded firearm in your vehicle. I simply disagree with that. If your car is your domain just like your house and you don't need an HCP to have a loaded firearm in your house then why should you need one to have a loaded firearm in your vehicle? Otherwise, the very idea that your car - being your property - is a protected, personal area makes no sense.

[DaveTN]

Yes, currently you do have to have an HCP to legally have a loaded firearm in your vehicle. I simply disagree with that. If your car is your domain just like your house and you don't need an HCP to have a loaded firearm in your house then why should you need one to have a loaded firearm in your vehicle? Otherwise, the very idea that your car - being your property - is a protected, personal area makes no sense.

You shouldn’t have to have an HCP period….. But you do.

You are using language (Domain, Protection) that have to do with the use of force and have nothing to do with what weapons you can have or where you can have them.

Ignoring the 2nd amendment doesn’t make sense; but that is what our state has chosen to do.

[JAB]

You shouldn’t have to have an HCP period….. But you do.

You are using language (Domain, Protection) that have to do with the use of force and have nothing to do with what weapons you can have or where you can have them.

Ignoring the 2nd amendment doesn’t make sense; but that is what our state has chosen to do.

I guess what I am saying is that the HCP (right or wrong) is supposed to be so that we can legally carry in public spaces. My thought is that inside the cabin of your car is not a public space - it is a private space, just like your living room or bedroom.

[Fallguy]

I guess what I am saying is that the HCP (right or wrong) is supposed to be so that we can legally carry in public spaces. My thought is that inside the cabin of your car is not a public space - it is a private space, just like your living room or bedroom.

As Dave pointed out the use of force and where you can legally posses weapons, while related, aren't the same.

That being said...I did find it a bit odd, that the legislature included inside your car as a place where it will be presumed that you were in fear of imminent death or serious bodily harm if you use deadly force, but does not allow the possession of weapons in your car as in your home.

[JAB]

As Dave pointed out the use of force and where you can legally posses weapons, while related, aren't the same.

That being said...I did find it a bit odd, that the legislature included inside your car as a place where it will be presumed that you were in fear of imminent death or serious bodily harm if you use deadly force, but does not allow the possession of weapons in your car as in your home.

I'm still not being clear, I guess. What I am saying relates to your last sentence. I know that the places we can legally use force and the places we can possess weapons (without an HCP) are not the same. What I am saying is that we SHOULD be allowed to possess weapons in our car as in our home regardless of whether or not we are required to have an HCP to possess weapons in public areas and that is a change to the law that I would like to see the legislature make next session. Yes, I realize that we SHOULD be able to carry without a permit in the first place but I just don't see that happening any time soon (and I'd still want to keep my permit, anyway, due to reciprocity with other states.) Having our car considered 'private space', though, I believe is quite possible.

[Fallguy]

I'm still not being clear, I guess. What I am saying relates to your last sentence. I know that the places we can legally use force and the places we can possess weapons (without an HCP) are not the same. What I am saying is that we SHOULD be allowed to possess weapons in our car as in our home regardless of whether or not we are required to have an HCP to possess weapons in public areas and that is a change to the law that I would like to see the legislature make next session. Yes, I realize that we SHOULD be able to carry without a permit in the first place but I just don't see that happening any time soon (and I'd still want to keep my permit, anyway, due to reciprocity with other states.) Having our car considered 'private space', though, I believe is quite possible.

No, I understood what you meant.

I think Dave did as well.

Not disagreeing with you....just pointing out the discrepancy in the law as it is.

I too don't think you should have to have a permit period to carry. But in the mean time I too agree that your car should be like your house in that you don't need a permit to carry either.

Also as you said...simply allowing possession in your car without a permit may take care of the parking lot bill, school property etc....

I say may because we've all seen wild and strange things done on capitol hill in Nashville...lol