Is gun in my car "in my possession"????

Rotab

New member
If I am at work in the office building....and my legal carry piece is locked in my car....is it legally "in my possession"? I have a CCW etc. Just what is possession? Does it have to be on my body, in my hand? Since I own it do I also possess it? Possession on grounds anywhere at work is against the law. I have been leaving it locked in car or in trunk for months....Thanks.
 
"Posession" can be either on your person or within your easily reachable area excluding another persons physical person. It could also be "in your car, handbag, briefcase, lunchbox, or any other place where you have "dominion and control".

It does not have to be in your hand or on your body to be "in your posession". Just easily accessible.
 
Distance involved?

If my car is 75 yards away is that easy access? By the fact that I could walk over there, unlock car and get it? So is a quarter mile still in possession?
 
+1, Rob P. Ordinarily, I would think that whether an LEO would consider the firearm to be immediately "in your possession" or not if you are in the building and it is locked in your trunk would depend upon the laws of your state. But you said in your post that possession of a firearm anywhere on the grounds of your work is against the law. To clarify, did you really mean against the law (in which case you have pretty much answered your own question), or merely against company policy?
 
Here is direct verbage:

Weapons

The possession, display, or use of any weapon, including any firearm, or the display or use of any object as a weapon, by any person other than a law enforcement officer in the course of his/her duty, in any location where university business is conducted, is in violation of Regental policy (14-I) and is strictly prohibited. Possession of a firearm or weapon on University of Colorado owned property, or the XXXXX Campus is cause for immediate termination of employees or expulsion of students.
 
If you park on University property then they would consider the weapon in your possession as it is on the school grounds, if you are not parked on school grounds then it wouldn't matter. Legally a firearm in your car when you are in it is "in your possession".
 
Rotab, I would definitely encourage you to speak with an attorney in Colorado about this matter for an expert opinion, but it looks to me like what you are quoting is a university regulation. It quotes termination of employment or expulsion from school as the penalties, not arrest and prosecution. Remember, however, I live in Tennessee, and I am most certainly NOT an attorney. In Tennessee, HCP holders may have their firearms locked in their cars if they are not a student and are visiting the campus of the University of Tennessee, for example (may be true for others as well--haven't had occasion to check), but they must remain locked in their vehicles while they are on campus (rendering them mostly useless for self-defense during that time, of course).

As long as the attorney says you aren't violating the law, I suppose you must balance the utility of having the firearm in your car versus the potential for termination or expulsion if discovered. I think it is a lousy choice which shouldn't be forced upon anyone, but, like you, I don't make those rules.

Good luck, and be safe!
 
On the way to the range

I live 60 miles from work. The shooting range is in between. I am not ccw right now but I guess that doesn't matter to this subject about work parking lots. I am not going to drive all the way back home. I am going to have my Unloaded locked up gun in my trunk separate from my ammo which is also locked up. I am not going to tell anyone at work that the stuff is in my trunk. I will put in a full day's work and then go to the range after work and do my thing. No harm no foul. I don't know of any law that would let someone just walk up to my car and say they need to search it. I don't have any stupid anti this or pro that bumber stickers on my car either though.
 
Here is direct verbage:

Weapons

The possession, display, or use of any weapon, including any firearm, or the display or use of any object as a weapon, by any person other than a law enforcement officer in the course of his/her duty, in any location where university business is conducted, is in violation of Regental policy (14-I) and is strictly prohibited. Possession of a firearm or weapon on University of Colorado owned property, or the XXXXX Campus is cause for immediate termination of employees or expulsion of students.


I love how "places of higher learning" are run by people too stupid to wish to (or be able to) differentiate between those legally carrying a firearm or weapon for legitimate purposes, and those carrying them for criminal purposes.

These are "smart" people, but they can't draw a distinction. :rolleyes: :barf:

So they throw them all into the same bag and say that there's a public good served by terminating employment or enrollment. It's zero tolerance, people. It's mindless and offensively stupid.

And it's Official University Policy (R)...


My take on this is that one could carry very discreetly, with the utmost care to not get found out. If you are CCWing, by definition, no one is aware of it. You don't have to go through metal detectors or pat-searches, do you?


-blackmind
 
No detectors and one old security guy who wanders all the buildings
at about 1/4 speed he is so old. Normally would just lock the gun in the
trunk for the work day. I don't worry about work place, just the drive to and from gets skeezy in places.
 
Simple questions deserve simple answers; no. If you are not in the vehicle, behind the wheel and with the keys in your hand or the ignition, you are not in custody, control or possession of the vehicle. You are not then in possession of any firearm in the vehicle. Firearms should be locked in the glovebox as it is not often safe to place them in a trunk. The reason? Mst vehicles have folddown rear seats. If a thief breaks into your vehicle, they would still need to break into the locked glovebox. The way I interpret that policy though is that you would be dismissed and could be criminally charged for bringing a firearm onto the campus. I suggest off campus parking.
 
Why are so many people here willing to capitulate to anti-gun rules in workplaces, when

a) no one is made safe by the voluntary disarming of good people who obey such rules

b) no one would ever know you had a gun on you (if you do it right) unless there was a workplace attack that necessitated the defensive use of your gun (in which case you'd be freakin' glad you broke the rules, even if you got fired, because you'd be alive!)???? :barf: :confused:


-blackmind
 
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