CCW ? for vehicle, with a passenger where firearm is within his reach also??

M

mossie3

Inactive
I've scanned the KY laws for concealed carry, and can't find an answer.

I have a CCW permit, and a weapon concealed in the console of my vehicle. Whenever I have a passenger riding with me, the weapon is also within their reach, and they don't have a CCW permit. Is this legal, or could I or the passenger be breaking the law?

I'm assuming this would vary state to state. Wondering if anyone here is familiar with this situation?
 
I'm no lawyer and I would suggest asking one or a local LEO, but the vehicle is yours, the gun is yours, I don't see a problem. You are in control of your car and what is inside it. Just like if you have your friends car and he leaves dope in it and you get searched, you are in control of the vehicle and they don't care that your friend left it in the car, you're responsible for what's in the car.
 
That's a great question!!! Let's try this sticky situation. Say he and his buddy are riding down the road and for some unforseeable reason there is a life or death situation but the driver (the ccw holder) cannot get to his weapon. The passenger grabs the gun and fires killing the BG and saving his friend. HHHM<MMMMMM
 
Other than you're now on an interactive range I don't think it would be any different than letting a friend shoot your gun at the range. As long as the shooting is good, I don't believe it would make a difference whether he got it out of the trunk, center console or off of your body. I'm sure in some liberal parts of the country an issue might be raised, but if you are meeting force with similar force I think you would be covered.
 
When I decided to get a CCW permit, I also wanted my wife to get one as well. I easily convinced her when I explained that if I had a pistol in the center console of my car, and then she later used my car and went somewhere, then her being stopped with a pistol would get her thrown in jail.

That sounded pretty sensible to her so we got our CCW permits at the same time. The upshot of all this is that in taking the class, she became a LOT more aware of how great it would be to be able to carry a defensive weapon for her own defense when we're not together.
Now, I think I've created a pro-gun activist who routinely carries an XD45 in her gun purse.

Up until that time, she never really thought about guns much.

So anyway, the biggest problem with having a pistol in your console is not that your passenger can access it, but if he/she ends up with it all by themselves. Then you've got a legal problem.

Carter
 
Fortunately, concealing a pistol in the glove box or center console does not require a firearms license in my state, so this thread would be moot, specific to the console.
 
Personally I wouldn't ask a local LEO, they're not legal experts. I'd contact the District/State Attorney's office or the CCW controling authority and get their legal interpitation. I've gotten incorrect advice from local LEO's given with the best of intentions. Heck, I'm a part-time LEO and I'VE call the SAG office with legal questions. Most are very willing to help you out.
 
I wholeheartedly agree with WyoCowboy about not getting legal advice from local l.e.o.'s. Reading and understanding the law is not what they're about.
 
So you're saying we got police upholding the law but they don't read and understand it? That's a redundant statement.
Please explain..
 
i dont know the specific laws in KY, but i would suspect that if your passenger stumbled upon the firearm and used it you would be partially responsible. most CCW laws say you must secure the firearm at all times.

if your glove box (console) was locked and your passenger broke into the glove box to get the firearm i suspect you would not be responsible, but then perhaps your CCW may be subject for suspension or termination.....
 
Wyo Cowboy said:
Personally I wouldn't ask a local LEO, they're not legal experts. I'd contact the District/State Attorney's office or the CCW controling authority and get their legal interpitation. I've gotten incorrect advice from local LEO's given with the best of intentions. Heck, I'm a part-time LEO and I'VE call the SAG office with legal questions. Most are very willing to help you out.
Click to expand...

i dont agree with this 100%, but you're right. my PD dept which handles pistol permits and issues had no clue about some procedures, which are clearly defined in ATF rules & regulations and NY state law.

i think it's ok to ask LEO's, but dont stop there. keep asking until you get definitive answers.
 
Just to clarify my previous post. The reason I said local LEO was because that is who you are going to run into on the street. I would definately ask the state's attorney etc, but it can save you a lot of headache also knowing the local LEO attitude also. Since they may or may not know it may prompt them to research it.
 
dont want to hijak this thread or anything, but i live in kentucky too, and have also wondered about this especially if your passenger is a felon and you didnt now it.and he didnt know you carried a gun in your car.
 
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