gun in the glove box no permit

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randifowler

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My 21 yr old son had a hand gun in his glove box locked, he got pulled over and he had no permit. I was in the car with hiim at the time, we live in oregon and need to know if he was allowed to have it there locked up. It is titled as a class a mistameanor i believe but is looking at $7500 fine possible jail time and or probation. I do not see how it is accessible if it is locked up.
 
Depends on the state laws, last year a non-permit holder having a gun in the glove box, locked or not, was a crime in VA. This year it is not.

Find a good Lawyer.
 
By all means talk to a lawyer. The statute does not include a definition of "readily accessible," therefore a search of case law is going to be needed to answer your question of whether locked in a glove box is considered readily accessible or not.

However, curiosity befalls me: If the gun was locked in the glove box ... how did the police officer find out about it? What haven't you related about this incident?
 
gun in glove box

my son told the cop as he approached the vehicle. he thought it was best to tell him before he asked anything, all tho originally pulled over for no front license plate, go figure
 
Im really not trying to be a wet blanket here.. But it bothers me that these people don't have the common sense to check their state websites for a list of local ordinances.

Instead they create an account in a forum to ask people who they have no idea their qualifications or their knowledge on the subject matter.

I could just have easily said "No its fine, your son can carry without a permit anywhere he wants as long as he doesn't point it at anyone, he's all good"

It doesn't seem wise, or time efficient, when that google search and finding the information I needed on the page took me literally 35 seconds.
 
thanks jake, i saw the ordinace before this website however i am confused as to how it is accessible if it is locked up and I can not even open the glove box when i was the passenger
 
randifowler said:
thanks jake, i saw the ordinace before this website however i am confused as to how it is accessible if it is locked up and I can not even open the glove box when i was the passenger
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The problem is that the statute uses the term "readily accessible" but does not define it. So finding out what the courts in your state regard as readily accessible will require research into previous case law, and such research is best carried out by an attorney (or his/her paralegal staff). This is why you (or, rather, your son) needs to engage an attorney if he has not already done so.

I hope he has also learned that it is never a good idea to volunteer information to a police officer if the law does not require it.
 
As mentioned, get a lawyer familiar with your state's laws as each state varies. In Kentucky for example, any one can keep a loaded firearm in their glove box, locked or unlocked without a permit.
 
We probably can't be much help to the original poster's question. That is for real lawyers to argue about.

However, these kinds of threads are still valuable to all of us. It points out how dramatically the gun laws can vary from state to state and year to year. Knowing how variable they can be just might save some of us from a costly legal mistake someday.

I am fortunate to live in a state that has very little regulation carrying firearms. Open carry has always been legal without a permit. Efffective July 1, we will have concealed carry without permit. As far as I know, it's always been legal to carry any firearm loaded or not in your vehicle however you see fit. About the only no-nos are carrying into a bar or a federal building.

But I travel into other states quite often. Montana is pretty good. Colorado isn't too bad. Concealed carry needs a permit, but that's no big deal to me. But I'm not sure about their laws in regards to vehicles, so I play it safe and keep any firearms unloaded and in a locked case. Makes sense anyway. But I was trying to figure out just what the laws were in other places like MI, PA, WV. I finally just gave up and decided I would simply leave my guns at home when I go to those places east of here.
 
Here in the Midwest, the law is very clear and in this case it would be in violation of the law. You have a right to see a lawyer but don't be surprised if you come out on the short end of this. Not saying that the judge would not cut you some slack, just saying that a glove compartment is not acceptable. Legal transportaion of all firearms is every gun owners responsibility. .... ;)


Be Safe !!!
 
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According to the info below from handgunlaw.us , if you're in Portland you're pretty much SOL. If not, you may fall into the meanings below depending on your location.

Another prime example of the critical need to KNOW THE LAW.
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From the Oregon Firearms Federation:
OREGON has no STATE law against carrying a loaded handgun in your car as long as it’s : (a) Not concealed or (b) “Not readily accessible.”

“Not readily accessible" (for now) means:

(4)(a) Except as provided in paragraph (b) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle. (b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if: (A) The handgun is stored in a closed and locked glove compartment, center console or other container; and (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key. However, localities are allowed to regulate loaded firearms in “public places” which now includes your car. This only applies to people without CHL’s.

So you need to check local regulations. In Portland, for example, you may not have a loaded gun anywhere in your car and you may not even have loaded magazines separate from the handgun. It must still, however, be either visible or “not readily accessible."
 
Why is your son carrying a loaded handgun in the glove compartment without any sort of permit or in a manner that disregards the law in your locality?

A reasonable question to ask if I was a LEO...A reasonable answer in the LEO's point of view would be to rob a gas station.
 
Ronto, while I am unfamiliar with any of the circumstances of this particular case, I can tell you that several states, Tennessee and Texas and possibly others, permit carry of a firearm in the glove box of an automobile without a carry permit. So your astonishment seems to be a little misplaced to me.
 
ronto said:
Why is your son carrying a loaded handgun in the glove compartment without any sort of permit or in a manner that disregards the law in your locality?
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Based on AH.74s post two posts above yours, it rather appears that the young man was NOT carrying in a manner that disregards the law of his locality, but rather was in complete conformity with the requirements.
 
Move to Ky

In Kentucky for example, any one can keep a loaded firearm in their glove box, locked or unlocked without a permit.
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As of yesterday Ky just passed a law it is legal to carry in any factory installed compartment such as a center console.

Doug

House Bill 313, sponsored by state Representative Will Coursey (D-6). This legislation would allow an individual to carry a loaded or unloaded firearm in an enclosed compartment originally installed by the manufacturer in a motor vehicle. The firearm would not be considered a concealed firearm under state law. Current law requires a firearm to be stored in a glove compartment even though some vehicles do not come with one regularly installed.
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Glove compartment carry is legal in most southern states...

... and center consoles are fine in many of them.

So the astonishment of the West Coasters and some of the midwesterners is based on their areas, not on any universal law or rule.

Note to some of those posters: If the SCOTUS had consistently ruled the way they should have, right along, in support of 2A, NONE of you would think it normal to have the state tell you that you can't keep a weapon on your person or in your vehicle.

Back in my psych minor days, we read about experiments involving dogs, cages, and electric shocks... learned helplessness. Google it, it actually bears on this concept.

Anyway, the OP and his family seem to reside in a "grey area" state. As others have noted, consult a lawyer, and quit posting online. Anything you say can come back to bite you.
 
I just read two different cases that are from Oregon that pertain to issue. One thing that I can't find in the thread, was if you or your son was arrested, which can include a criminal citation and/or mandatory court appearnace. I found the case law information on this website. This appears to be a good contact for reference to a lawyer with experince in this type of law.
Also, you can contact the NRA, and they can reference a lawyer in your area as well.

As I was Florida LEO, their have been several cases that have proven that in a glove box, is not deemed readily accessible. So I would think this would apply to you as well.

http://oregonfirearms.org/faq/
 
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