Car question

[Guest magoo304]

We are driving down the road. The gun is ON the center console (or somewhere between us). Wife has her carry permit, I don't. We are pulled over, or there is a traffic stop. Is the gun an issue since it is not ON her person and IS accessible to me. Does it matter who is driving or who the car is registered to? Thanks in advance!

[andersmg]

I am not 100% sure but as long as there is a person in the vehicle with a valid carry permit it should not be an issue provided if anyone asks who"s weapon it is the person with the permit claims the weapon. I am sure some others with more knowledge of the laws will chime in..

[strickj]

There may be a problem if it sits between the seats.I pretty sure you can be charged if such said item if with-in reach of such said person.BUt if she has her HCP I would see no reason why a LEO would say anything

[Guest GLOCKGUY]

if i was you i would just get my handgun carry permit then you know your safe

[Rightwinger]

Or have her move the gun to her side of the car?

[GLOCKMEISTER]

OK.. first off it shouldn't be a big deal but, the gun SHOULD (doesn't have to be) be concealed in the vehicle. If you get pulled over, the officer is going to probably make first contact with you(the driver)... what if he then sees the gun sitting between you? Really its too late at that point to do much explaining. You wont have time to hide it while pulling over, and he will see you trying. Thus making him suspicious of what you are hiding. Id get it out of sight and out of mind, but still accessible to her.

If you decide to still carry it between you then heres some food for thought. If you get stopped and you have possession, meaning its on your person thats one thing. IMHO, your in possession. If its put up, but still more accessible to her thats another thing. General rule, unless its on your person, whomever claims the property is who it belongs to.

But Remember its up to the officers discretion to determine who has possession. If its accessible to you both, and say he's having a bad day, then he may determine its in your possession... charge you... and articulate that in his report.

So unless there is a reason not to... get a carry permit. This really shouldnt be an issue with most officers, but you get the wrong guy on the wrong day it could end badly.

[Im Neero]

I strongly recommend against having a gun out on the center console if you are pulled over.

[Guest gmachuta]

It would be in best interest to carry your permit with you at all times because you could be charged with possesion and you are required to have it with you anytime you are carrying. if you do happen to fall into that situation have your wife put it in her purse without creating suspicion before you stop or vice versa.

[Ricochet]

You have a good point there Glockmeister. magoo304 (Mark) is my hubby and he has just taken his gun class and is in the process of getting a day off work to get down to the dmv and get the permit ordered.

You mentioned that it would be better if the gun was concealed in the car, actually I am usually by myself when in the car and I keep my gun under my right leg, maybe that sounds crazy to some but it is the best place for me to "hide" it and have quick access to it if needed.

Which brings up another question for all you seasoned carriers. If your gun is out of sight and you are stopped by a LEO do you give your carry permit along with drivers license or only the drivers license?

[Rightwinger]

Even though not required, its good courtesy to provide the permit to the officer. I haven't been pulled over in over 10 years but I will provide the officer one of my TWO permits along with my DL.

Dobes, tell hubby to fork over the extra $5.00 and get a duplicate requested at the time he submits his application. I keep one hidden in the veh so if I should forget the wallet, I always have one with me. Another gem of knowledge provided by the instructor at my HCP course.

[Guest gmachuta]

Me personally, I present both if I'm pulled over even though it's not required. It just simplifies the stop because they will know when they run your drivers license.

[Guest TNDixieGirl]

Under the leg is probably a safe enough place if you have to have it out. But on the console seems to be a bad place to leave a gun laying around when traveling.

What if you have a wreck, where's it going to end up? Whose hand will it be in when it's found in the ditch? If someone unexpectedly jumps in your car, they may get to it first. The one thats already been mentioned, the uneasiness it will create when the officer walks up to your window. A whole bunch of scenarios pop in mind where it wouldn't be safe for a gun to be riding on the console.

[Ricochet]

I was out of state visiting my friend this weekend, she's a cop, she was off duty and her revolver was laying guess where, in her console hidden by a baseball cap.

I actually don't have a console that accomodates my gun, it is a two cup holder so I wouldn't be able to keep to it there anyway without complications of trying to grab ahold of it correctly, the question was more or less a what is correct senerio that Mark and a coworker was discussing at lunch.

When Mark and I are in my car I am driving 50% or the time and he is the other 50, when I am driving my gun is under my leg, when he is driving the gun is in my belly band or a holster. When we are in his truck he is always driving and I don't think I have had my gun in the truck yet, but it would most likely be on me.

We are taking a trip in the next couple of months for a graduation out of state and unless Mark has his permit back in time we will need to know the correct way for me to carry in the car without upsetting the balance of him not having a permit yet.

[GLOCKMEISTER]

You have a good point there Glockmeister. magoo304 (Mark) is my hubby and he has just taken his gun class and is in the process of getting a day off work to get down to the dmv and get the permit ordered.

You mentioned that it would be better if the gun was concealed in the car, actually I am usually by myself when in the car and I keep my gun under my right leg, maybe that sounds crazy to some but it is the best place for me to "hide" it and have quick access to it if needed.

Which brings up another question for all you seasoned carriers. If your gun is out of sight and you are stopped by a LEO do you give your carry permit along with drivers license or only the drivers license?

I tell people to keep it concealed(out of sight) in a car for several good reasons. Law Enforcement stops are probably one of the most important, getting in an accident is another ...the other is your developing a bad habit of leaving it laying around. What if you have an accident, if its out of sight and secured your good to go.... Another thing is, what if you have to run in someplace and you forget to grab it.. then its just sitting there in the open.

The other thing you asked about, ALWAYS volunteer that you have a gun and carry permit to a police officer. The law doesn't require it, the Tn Dept of Safety wants you to think it is, but it isn't. Its always a good idea to let the officer know.

[GLOCKMEISTER]

another thing, under the leg in my opinion isnt good. I will put mine there when I think I might need it, but its away and out of sight the rest of the time.

You need to work on carry tactics and shooting from a vehicle.

[GLOCKMEISTER]

Even though not required, its good courtesy to provide the permit to the officer. I haven't been pulled over in over 10 years but I will provide the officer one of my TWO permits along with my DL.

Dobes, tell hubby to fork over the extra $5.00 and get a duplicate requested at the time he submits his application. I keep one hidden in the veh so if I should forget the wallet, I always have one with me. Another gem of knowledge provided by the instructor at my HCP course.

I spoke with safety yesterday. They are no longer going to accept the duplicate application when you make the initial application for your 1st carry permit. They told me everything is changing down there since Phil Williams busted them not doing the background ck's correctly. Now if you want a duplicate your going to have to wait until you get your first one, then go online and download the app. and mark duplicate and send in the money via mail.

This is a real pain IMHO, I have been telling students for over 14 years to make the application for a duplicate when they make their initial application. Maybe they will get their act together soon and make it easier.

[molonlabetn]

...Its always a good idea to let the officer know.

I can't agree that it is 'always' a good idea, since it's rarely even relevant to the encounter... but I can see how it would be smart in some situations, if it was relevant.

[Guest TNDixieGirl]

I can't agree that it is 'always' a good idea, since it's rarely even relevant to the encounter... but I can see how it would be smart in some situations, if it was relevant.

[GLOCKMEISTER]

well then let me address that. By law you dont have to let an officer know that you are carrying a gun, unless he asks. However in a traffic stop situation a good police dispatcher may have already run the TNDL of the owner of the car before the officer approaches the vehicle, giving the officer a heads up that a gun may be in the vehicle. I know several Dept. that do that.

See about 95% of the time the owner of the vehicle is the primary driver, the dispatcher sometimes will get ahead of the officer and run the tndl of the driver, because he/she know they are going to have to run it in a matter of minutes anyway. And everything my friend runs on computers, the vehicle tag number or VIN can link your TNDL...and your TNDL # is the same as your HGP#... So the validity of the carry permit will show up when its run. So even if you dont tell them, when the TNDL # is run they will know... at that point the officer is probably pissed, or at least wondering why you didnt tell him anyway. See even though the law doesnt require it, most think it does... so the officer may then develop an attitude about it... and thats not going to help you.

Edited March 13, 2008 by GLOCKMEISTER

[Guest TNDixieGirl]

Deleted.

Edited March 13, 2008 by TNDixieGirl

[molonlabetn]

well then let me address that. By law you dont have to let an officer know that you are carrying a gun, unless he asks. However in a traffic stop situation a good police dispatcher may have already run the TNDL of the owner of the car before the officer approaches the vehicle, giving the officer a heads up that a gun may be in the vehicle. I know several Dept. that do that.

See about 95% of the time the owner of the vehicle is the primary driver, the dispatcher sometimes will get ahead of the officer and run the tndl of the driver, because he/she know they are going to have to run it in a matter of minutes anyway. And everything my friend runs on computers, the vehicle tag number or VIN can link your TNDL...and your TNDL # is the same as your HGP#... So the validity of the carry permit will show up when its run. So even if you dont tell them, when the TNDL # is run they will know... at that point the officer is probably pissed, or at least wondering why you didnt tell him anyway. See even though the law doesnt require it, most think it does... so the officer may then develop an attitude about it... and thats not going to help you.

While this is true, that's a problem with the individual officer's attitude, not my obligation to pander to it... there really isn't anything they could do about it except make a false arrest or decide to write me a ticket (which I would likely have deserved anyways), instead of a warning... Having an HCP certainly isn't probably cause to search or detain me, since what they are likely to find is legal in the first place. I personally would have no qualms with vigorously addressing any harassment I might encounter, to its conclusion, through proper channels after the fact.

It's like being pulled over and feeling obligated to volunteer the information that I have a valid fishing license, just because I have a pole in the car. It's simply not required or relevant to the situation, regardless of whether or not the record that I have a fishing license shows up when they call dispatch.

I understand what you're saying, but I'm not going to go through every encounter assuming that I'll be hassled over something which isn't really within the scope of their immediate duties pertaining to me.

[Guest TNDixieGirl]

Well said Eddie.

[Guest Revelator]

I've always though it best to hand over the carry permit along with the driver's license, but that's just me. You're probably fine if you don't.

Has anyone seen the video of the police officer pulling his weapon on the woman he stops for speeding? When he sees her gun he draws his, and makes her get out of the car with her hands up all the while keeping his weapon on her. It turns out she has a valid carry permit but she didn't tell him that up front. It is not real-life; it's done with actors. They had us watch it at my permit class at Rangemaster in Memphis last year. It is a terrible, terrible example of how to handle such a situation but I guess they want to scare us into always letting the officer know on the front end. Hmmm. My skepticism goes way up when the fear mongering starts.

[ZenDog]

I saw that Rangemaster video, too. Impressive, but both parties were problems in that interchange-- a clueless airhead driver with a gun, an uptight LEO- a dangerous combo.

I haven't been stopped for a traffic violation while carrying yet. But, I did get rear ended while carrying. I decided to put my weapon under the driver's seat while we were waiting for the cop to come write up the report, etc.

Didn't tell anyone it was there, and no one asked. All went well.

[Guest TNDixieGirl]

I thought that video was pathetic. It must be the standard one they use cause my class in Millington showed it too.