Transporting concealed when another doesn't have LTC

[egDonald]

Hello Calgunners.
My apologies if this topic has been discussed/answered in another thread.

So, I have my CCW, and I understand that I can carry my weapon in an UNlocked container (vs. the non-CCW must keep their firearm in a locked container during vehicle transport) as it is considered "concealed" (out of sight).

My question is in regards to the idea of "posession".
An example of "possession"... is a billy club/baton; without proper justification for having a billy club, it is generally illegal to "posses" a billy club/baton via PC 12020(a)(1).
I was given the example that if LEO's searched your home while you were away, and they found a billy club at your home (at which you were at the time absent from), you could be charged with with violation of PC12020.

Now, I tried to apply this idea of "possession" to concealed/discrete carry.
Consider this:
You and a friend are going to the gun range. Your friend has some not-so-pleasant history with the law, so his not even allowed to own a handgun, let alone CC. But you on the other hand hold a discrete carry permit.
You know you can't CC into the gun range (they usually don't like that) so you leave it in your box/range bag, unlocked. Unlocked because you have a CC, and leaving the firearm in the bag makes it concealed.

Your friend with the not-so-pleasant history is pulled over for speeding; and yes, you're in the car as a passenger.
The LEO wants to search the car, and finds the concealed gun.

Can the friend/driver get charged with concealing a handgun? Since he is in "possession" of the car. In this case, I'm considering "possession" of the car as "in control" or operating the car, which is housing a concealed weapon.

Or does the presence of a CCW holder (ie. you) as a passenger make it "ok"?

Thanks in advance to any input/guidance provided.

I have gone through the "Transportation" section of the CGF Wiki: http://wiki.calgunsfoundation.org/Transporting
but could find no definition of indication of such scenario.

[allpoint]

CCW's are serial number specific, so if LE find a concealed weapon during their search and the serial don't match your permit then it could only be the other persons in the vehicle, the driver of the car.

[wildhawker]

Hello Calgunners.
My apologies if this topic has been discussed/answered in another thread.

So, I have my CCW, and I understand that I can carry my weapon in an UNlocked container (vs. the non-CCW must keep their firearm in a locked container during vehicle transport) as it is considered "concealed" (out of sight).

It's unclear if you mean [your] loaded firearm [that is associated to your 26150 or 26155 license] or your unloaded firearm [that is associated to your 26150 or 26155 license].

It is also unclear if the firearm is registered to you, or if you simply own and possess it.

Consider this:
You and a friend are going to the gun range. Your friend has some not-so-pleasant history with the law, so his not even allowed to own a handgun, let alone CC.

Full stop. Do not knowingly provide firearms or access to firearm to a prohibited person.

Your friend with the not-so-pleasant history is pulled over for speeding; and yes, you're in the car as a passenger.
The LEO wants to search the car, and finds the concealed gun.

"Wants to", or "is given consent to?"

In any case, this is beginning to potentially become a very unpleasant hypothetical for you and your friend.

If this is a real scenario, post no more and each of you should get a lawyer. If this is a hypothetical, then it's a silly one that is pretty well concluded by saying "don't mix guns and prohibited persons".

CCW's are serial number specific, so if LE find a concealed weapon during their search and the serial don't match your permit then it could only be the other persons in the vehicle, the driver of the car.

That is incorrect, but it could be an expensive lesson in [at least] prudence for both the driver and the passenger.

-Brandon

[egDonald]

It's unclear if you mean [your] loaded firearm [that is associated to your 26150 or 26155 license] or your unloaded firearm [that is associated to your 26150 or 26155 license].
Yes, please assume a loaded firearm associated to either of the carry licenses - but to be choose one, a CCW license
It is also unclear if the firearm is registered to you, or if you simply own and possess it.
The firearm in this scenario is registered to the passenger. Wouldn't "own" mean it's registered? I guess we could argue the specific definition...


Full stop. Do not knowingly provide firearms or access to firearm to a prohibited person.
Well, I'm specifying that the driver and passenger are "friends". Granted, I understand what you're saying. But just trying to make a hypothetical scenario. To simplify, let's just say the driver doesn't have a CCW permit/license.


"Wants to", or "is given consent to?"

In any case, this is beginning to potentially become a very unpleasant hypothetical for you and your friend.

If this is a real scenario, post no more and each of you should get a lawyer. If this is a hypothetical, then it's a silly one that is pretty well concluded by saying "don't mix guns and prohibited persons".
Purely hypothetical. The concern I guess I'm raising is if I pose a potential legal-issue for those who do not have a CCW by leaving my firearm loaded and in an unlocked container while a passenger in their vehicle - in other words, I'm WITH the firearm at all times, just that I'm not the one driving or alone in the vehicle.


That is incorrect, but it could be an expensive lesson in [at least] prudence for both the driver and the passenger.

-Brandon

Thanks for your input! I do appreciate it.