Is it legal for a Teen borrowing Dad's car with a pistol locked in car gun safe?

[Plane Pistol]

My teenager is now borrowing my car. I usually keep a loaded pistol locked in a steel pistol safe which is secured to the car seat with a steal cable. Both my wife and I have LTCH. My teen does not know the combination to the in-car safe. Is having the pistol in the car a legal issue for my teen or me if my teen is pulled over or in an accident without me present?

 

[Lex Concord]

IANAL, but it sounds like a best not to risk it situation.

If he doesn't know the combo (i.e. couldn't use it to save his life if he needed to) and doesn't have an LTCH, there is no potential upside to it being there when you are not present. There is plenty of potential downside if, even locked away with no knowledge of the combo, it could still be considered carrying without a license.

It's a shame vBulletin doesn't support user tagging natively, but there are some relatively inexpensive add-ons out there (Hint-hint @Fenway). It would be nice to be able to type "@Kirk Freeman && @Tactical Firearms Training - any thoughts on ^^^?".

Of course, if we had that ability, they might stay away

 

[longbow]

Over or under 18?

 

[Mgderf]

Yes, it IS an issue, and especially so if it's loaded.
Son may not have access, but the fact remains, he is in "possession" of a firearm without a license.

 

[Ruffnek]

I'd agree with the above. However, how would someone know it was there if they couldn't get into the safe to check? IANAL and this is not legal advice.

 

[Plane Pistol]

17 years old.

 

[Plane Pistol]

My thinking as well. Better safe than sorry. Thanks.

 

[VERT]

My opinion is not legal. He is in possession of the gun. But like Ruffnek said a locked safe in and of itself is not proof that a loaded gun is inside.

 

[SEIndSAM]

Yeah, it's tough for him to "prove" that he does not know the combination...

 

[voidsherpa]

Better safe than sorry.

I see what your did there, "safe".. lmmfao.

 

[Kirk Freeman]

No as to both questions.

Not legal for him (carrying, 35-47-2-1)

Not legal for you (dangerous control, 35-47-10-6, felony and no guns for you if convicted).

Don't try to out trick yourself. Wait until he is 18 and then he gets a LTCH even if he does not carry.

 

[Hop]

If I'm not home is my family in possession of my NFA items? The don't know the combo to my safe. IANAL but I doubt they are in possession.

I'll just have some popcorn...

 

[Ruffnek]

If I'm not home is my family in possession of my NFA items? The don't know the combo to my safe. IANAL but I doubt they are in possession.

I'll just have some popcorn...

Seems like I have seen this answer somewhere before. I think it would be the same thing if you have a felon that lives in your house; as long as they don't have access, you're good. Once again IANAL, it just seems that I've read a similar discussion on here before.

ETA: A trust could remedy this situation.

 

[Kirk Freeman]

If I'm not home is my family in possession of my NFA items?

Potentially, yes.

The don't know the combo to my safe.

And so? Why do you think they need this to be in possession?

If I have a briefcase of cocaine, it matters not if I can open the briefcase.

 

[Kirk Freeman]

I think it would be the same thing if you have a felon that lives in your house; as long as they don't have access, you're good.

Alright, where is this coming from?

 

[Cameramonkey]

Alright, where is this coming from?

No knock on the person this was directed at... but my vote is ignorance. (not stupidity... not casting stones here...)

And it makes sense to me on the surface. If my guns are locked up in my house (and for this exercise, not in a vault) and a friend stops by with his felon friend and we are talking in the yard, is that felon in jeopardy? Still on the property as above, and still no access. But yes, proving a negative is nearly impossible.

 

[FireBirdDS]

How hard is it to simply take it out of the car beforehand? Or are we talking about a case of forgetting it's in there?

 

[Lex Concord]

Alright, where is this coming from?

G. Gordon Liddy?

 

[Alpo]

Einstein was 17 years old once. And I bet he had a stupid friend or two. 17 year olds do stupid things. Even Einstein.

Don't leave a weapon in the car if he's driving.

 

[Ruffnek]

Alright, where is this coming from?

Like I said, I read it in a thread on here somewhere. I'm not sure which thread, it's been a while. I think the thread was asking about what to do if you have a felon that lives in your house.