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View Full Version : Hypothetical Situation - Who's in trouble?


dedub
12-26-2012, 8:58 PM
Was driving home from Angeles the other day with a buddy and we were discussing a hypothetical, but potentially very real, situation. Suppose you're the one driving. Your buddy forgets to unload his weapon before putting it into its case. As luck would have it, you get pulled over by a police officer who asks if there are any weapons in the car. Before you can say a word, your buddy pipes in, "Yes officer, but they're all locked up". So, the nice officer decides to check them out and that's when the loaded weapon is discovered.

So, my questions are:

Who's going to get in trouble?
What's the crime? Misdemeanor or felony?
Will all guns in the car get confiscated?
Does the driver have a responsibility to ensure all weapons are unloaded, even if they're not his?


Thanks in advance.

Guntech
12-26-2012, 9:00 PM
Don't give that guy rides anymore, its your vehicle you are responsible for what is in it. If someone cannot secure their weapon properly they can ride the bus.

And yes someone is going to jail. Misdemeanor. Depending on the circumstances.

BTW I doubt you will be asked if you have any weapons, also search warrant. Let them impound it and lawyer up.

ClarenceBoddicker
12-26-2012, 9:10 PM
If they want to burn you both they can always use the catch all charge for multiple suspects called conspiracy. Generally the driver of a vehicle can be held responsible for many crimes committed by passengers. Watch the great Chris Rock vid about how to not get in trouble with the Police. Hint, don't let a crazy friend or a mad woman ride with you.

supermanuf
12-26-2012, 9:22 PM
Who "forgets" to unload a firearm and make it safe before packing up and leaving the range? Come on, people!

Ron-Solo
12-26-2012, 10:48 PM
Was driving home from Angeles the other day with a buddy and we were discussing a hypothetical, but potentially very real, situation. Suppose you're the one driving. Your buddy forgets to unload his weapon before putting it into its case. As luck would have it, you get pulled over by a police officer who asks if there are any weapons in the car. Before you can say a word, your buddy pipes in, "Yes officer, but they're all locked up". So, the nice officer decides to check them out and that's when the loaded weapon is discovered.

So, my questions are:

Who's going to get in trouble?
What's the crime? Misdemeanor or felony?
Will all guns in the car get confiscated?
Does the driver have a responsibility to ensure all weapons are unloaded, even if they're not his?


Thanks in advance.

The driver can be held responsible as well as the person in control of the firearm. It used to be part of 12034 PC, but I think it was renumbered.

It is generally a misdemeanor, but there are certain circumstances that can make it a felony, but those are usually associated with gang activity. It is possible that all the guns could be seized as evidence, but also possible that they wouldn't. A lot of variables come into play. The driver does, in my opinion, have a responsibility to make sure all guns are unloaded. Legally, it could go either way.

If they want to burn you both they can always use the catch all charge for multiple suspects called conspiracy. Generally the driver of a vehicle can be held responsible for many crimes committed by passengers. Watch the great Chris Rock vid about how to not get in trouble with the Police. Hint, don't let a crazy friend or a mad woman ride with you.

Conspiracy is generally reserved for CalGuns posters hypotheticals and patrol cops rarely even consider it, because it is almost impossible to prove. An admission alone is not sufficient to prove conspiracy, nor is is probable cause to arrest for conspiracy.

johnny1290
12-27-2012, 12:14 AM
This is California. What's on the books has no relevance to why you're arrested. The police make up the laws, the system backs them up, and you either lawyer up or take a plea, more or less.

When I got pulled over on the way to the range, the officer went in to a frenzy hearing there were guns in the car. He freaked when he saw a box that *resembled* a box of ammo in the front seat, like that would be illegal or something.

Odds are you'd both be arrested, car impounded, guns impounded. Lord only knows what charges they'd come up with.

I keep ammo in separate cases from my guns now. Legally, I don't have to, but I don't want to take that ride and get fined via lawyer fees. I can't afford it.

Even my CCW class said to keep a pistol in a lockable case with loaded mags in it. It's legal, supposedly, but that guy here got arrested for just that. Lucky for him Calguns saved him.

johnny1290
12-27-2012, 12:14 AM
This is California. What's on the books has no relevance to why you're arrested. The police make up the laws, the system backs them up, and you either lawyer up or take a plea, more or less.

When I got pulled over on the way to the range, the officer went in to a frenzy hearing there were guns in the car. He freaked when he saw a box that *resembled* a box of ammo in the front seat, like that would be illegal or something.

Odds are you'd both be arrested, car impounded, guns impounded. Lord only knows what charges they'd come up with.

I keep ammo in separate cases from my guns now. Legally, I don't have to, but I don't want to take that ride and get fined via lawyer fees. I can't afford it.

Even my CCW class said to keep a pistol in a lockable case with loaded mags in it. It's legal, supposedly, but that guy here got arrested for just that. Lucky for him Calguns saved him.

unusedusername
12-27-2012, 1:05 AM
Don't give that guy rides anymore, its your vehicle you are responsible for what is in it. If someone cannot secure their weapon properly they can ride the bus.


People do make mistakes. Even the best people make mistakes.

This is why we have Rule 0: "All guns are always loaded". Even when they are unloaded, they are loaded.

Dumb laws like this from the state tend to make people treat an "unloaded" gun differently. Those people then do stupid things and hurt themselves or others.

(sorry for threadjack)

As for the law question, I believe it would be a violation of (old numbers) PC 1231. I believe this is a wobbler, meaning it can either be a felony or a misdemeanor. They can charge the owner of the firearm, if present, and perhaps the driver.

I am not a lawyer. I am frequently factually incorrect. This is worth what you paid for it, etc.