Speeding with Firearm in Car

C

CalmerThanYou

New member
Hypothetical question. It is my understanding in many states speeding can become a felony. Let's say someone were to be pulled over speeding, say perhaps excessive speed. Does the legal carry of a firearm then become a factor in that speeding infraction?
 
I suppose they are the same. My thought was in regard to speeding, but I think at some point over the legal limit it can result in a charge of reckless endangerment. Dang Live PD made me wonder, because they mentioned a guy facing possible felony charges for going over 100 MPH
 
CalmerThanYou said:
...Does the legal carry of a firearm then become a factor in that speeding infraction?
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First, a variety of vehicular offences could be chargeable as a felony. It's my understanding that a speed in excess of 100 mph is chargeable as a felony in California. I believe a speed in excess of 85 mph is chargeable as a felony in Arizona. Reckless driving or DUI with a BAC over some threshold and/or after prior offences might also be chargeable as a felony in some places.

Second, if it's chargeable as a felony it's no longer an infraction. It's a full blown crime.

In some State possession of a gun while committing a felony can trigger a sentence enhancement. In some States this might be the case only with regard to certain felonies; in some States it might apply only to violent felonies; in some States it might have to be a loaded gun; etc. State specific research would be needed
 
In TX, if you are carrying a concealed handgun in a car withOUT a permit and commit an offense that is not a Class C traffic misdemeanor then you can also be charged with having the handgun in the car illegally.

Otherwise it would be legal to carry in the car concealed, even without a permit.

If the person has a handgun license then they could only be charged for the other offense.
 
What's your basis for differentiating between "speeding" and "excessive speed"? Aren't they the same thing?
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It depends on how the state defines it.

I'm not sure where/if my state defines "excessive" speed, but I know the fines change with how much over the posted limit they catch you doing.

10mph over is $xx, 20 over can be more than double. AND it matters where you speed. Fines are double in construction zones, and at least double in School zones.

If your state has "felony speeding" you MIGHT face gun charges, such as possession of a firearm during the commission of a felony.

And don't be on your cell phone, while zipping along, either. Besides "distracted driving" laws, use of a telephone during the commission of a crime is a separate offense, though seldom charged, it does exist.
 
I looked through AZ laws once, and I could never find "felony speeding". The charge you would likely get would be reckless driving, IMHO, as a felony. The second question is what are you doing while driving at such a reckless velocity - running from the law, street racing, exhibition of speed, drunk driving, etc.? I would think a savvy cop could find a felon y charge or three buried in there somewhere.
Of course, the elephant in the room is obvious - how about just driving the speed limit and avoid the whole thing entirely? People might say I drive like Grandma, but my first and last moving violation was 26 years ago and my car insurance payments show it. ;)
 
armoredman said:
Of course, the elephant in the room is obvious - how about just driving the speed limit and avoid the whole thing entirely? People might say I drive like Grandma, but my first and last moving violation was 26 years ago and my car insurance payments show it.
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Agreed. They put that dial in front of the driver for a reason. I've been driving for 57 years (legally, a bit more than that in reality). I had a deserved warning for speeding in 1968, and a speeding ticket in New Jersey in 1970 (which was bogus, and which was dismissed in court). Don't need a radar detector, and my insurance rates aren't in peril.
 
That was kind of my thought, legal possession of a firearm during commission of a felony. With the infraction being speed.
Nice summer day, backroad, I may tend to get on the gas now and then. I do not consume alcohol and in general take pride in a safe driving record. However on occasion the growl of my little supercharged V6 gets the best of me.
 
I suppose they are the same. My thought was in regard to speeding, but I think at some point over the legal limit it can result in a charge of reckless endangerment.
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I typed up a post detailing Idaho's 80 mph "absolute" limit, only to go looking for the actual code to get a reference and come back empty handed.
With 80 mph speed limits on all Interstates now, it seems that the 80 mph max (and automatic reckless driving threshold) has been repealed.

As late as 2015, at least, 1 mph over the 80 mph speed limit was a felony.
...But seems to be no longer. Now it's just the general 'reasonable and prudent' crap that all states have, in order for 'recklessness' to be open to interpretation.




But, my time spent searching through the state code did provide an interesting tidbit that is contrary to what all drivers are taught, and what licensing tests cover:

You're allowed to exceed the speed limit by up to 15 miles per hour in order to safely pass a vehicle traveling slower than the posted speed limit on two-lane highways/roads with speed limits of at least 55 mph.
49-654 (2) (b):
Subject to all other applicable motor vehicles laws, a driver of a passenger car, motorcycle or pickup truck, not towing any other vehicle, may exceed the posted speed limit by up to fifteen (15) miles per hour while passing another vehicle traveling at less than the posted speed limit, in order to safely pass the vehicle. The overtaking vehicle shall return to the right-hand lane and reduce speed to the posted speed limit as soon as practicable. This paragraph shall be applicable only to passing on the left upon roadways divided into two (2) lanes providing only one (1) lane of traffic in each direction and where the posted speed limit is fifty-five (55) miles per hour or greater.
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So, on two-lane highways/roads with 70 mph speed limits, it is possible to legally travel at up to 85 mph during a passing maneuver...
(Such highway/speed combinations are rare, though.)
 
CalmerThanYou said:
That was kind of my thought, legal possession of a firearm during commission of a felony. With the infraction being speed.
Nice summer day, backroad, I may tend to get on the gas now and then. I do not consume alcohol and in general take pride in a safe driving record. However on occasion the growl of my little supercharged V6 gets the best of me.
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Sounds like me with the exception of my motorcycle getting the best of me.
 
Frank Ettin Mentions:
Reckless driving or DUI with a BAC over some threshold and/or after prior offences might also be chargeable as a felony in some places.
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I can tell you as fact that in NY a third DUI conviction constitutes a felony. A friend of mine found himself in that situation. Now living in NC he is still a convicted felon and by law cannot own a gun. So while I don't know of any state laws regarding speeding I can state as fact that three DWI in NY and you are a felon. People spend big bucks (those that have the bucks) to avoid DWI convictions at all cost.

Ron
 
If I am carrying, I do my best to follow all traffic laws. I have been pulled over before while carrying, and it went just fine, no issues. But if I can avoid the 0.05% chance of their being an issue with being pulled over while armed, I will avoid it!

If I am excessively speeding, I am on the run from the cops anyway, so moot point :D
 
The only issue I had was a DPS officer miss entered one of my identitifying numbers and it came back as a repeat felon currently on parole... was pretty sticky for a little bit since I had previously disclosed a semiauto rifle was in the truck and I was carrying a handgun.

He figured it out, eventually, never even bothered with the pistol but wanted to run the rifle's serial number.

I try to follow all laws especially when carrying. Speeding is an unnecessary activity that bears no fruit and won't get you to your destination any sooner in an urban environment. I always laugh at people who drive like maniacs and I catch up with them at every intersection.
 
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