gun in the glove box no permit

[dsa1115]

Laws vary from State to State and you didn't mention if the gun was loaded or not. Definitely check with a lawyer familiar with the subject in your state. I was curious as to why your son would have even mentioned the gun during a routine traffic stop. If the gun was locked in the glove box, a police officer would have needed probable cause to search the automobile, especially to open a locked glove box. Had he never mentioned the gun, it never would have been discovered. While I'm not advocating doing anything illegal in your state, he should have known the law. He wasn't however under an obligation to incriminate himself.

 

[csmsss]

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.

Unfortunately (at least in this case), case law in one state's court isn't generally relevant in a different state's court. Judges may occasionally refer to opinions of courts in other states when rendering an opinion, but it's not binding upon them and there's certainly no way to predict whether any particular judge will look to any other particular state's case law for guidance.

 

[Aguila Blanca]

I just took another look at the law as quoted by AH.74. Talk about a law that makes zero sense:

(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.

Let's break it down one step at a time:

• A handgun anywhere within the passenger compartment IS readily accessible. [Except]
• IF the vehicle has no storage compartment outside the passenger compartment [meaning it's a station wagon or hatchback rather than a sedan or pickup] a handgun is NOT readily accessible if it is stored in a closed and locked glove compartment or center console, IF
• the key is not in the lock IF the glove box or console unlocks with a key.

Rhetorical question: How do you lock a glove box or console if it doesn't have a lock? Are there ANY cars that use combination locks for glove compartments?

Bottom line: Two Ford Tauruses, one is a sedan, the other is a station wagon. Each driver has a handgun locked in the glove box. For the station wagon driver, the gun is NOT readily accessible. For the sedan driver, the gun IS readily accessible.

Yessir, I understand perfectly. It all makes perfect sense.




Not.

 

[tazbigdog]

Lots of good advice here...BUT anytime jail time is a possibility, you need to get yourself an attorney. Searching for answers on a forum is not going to help you with the judge.

As a former LEO, I've stopped literally hundreds of people that were armed. Some had them in the glovebox, some under the seat, some in the consoles. At the scene of the stop, I had to determine if it was readily accessible. If it was locked by a key, usually (notice I said usually), they were let go with a warning. If it was in the trunk, that was not readily accessible. Laying loose in the car, within arm reach, you either got ticketed and lost the gun, or went to jail.

As I suggested earlier, I would get an attorney.

Good luck,

Jeff

(AND I would refrain from saying anything here on this forum about your knowledge or involvement.)

 

[Glenn E. Meyer]

That says it all.

Thus, closed and I will say again - if you are involved in a potential crime or civil case - don't you think that discussing the details on the Internet is a really bad idea?

The OP describes the action that might be the core of the crime. Huh?