Question:leave handgun in my truck someone borrows it

[Lucas156]

Here is my question. Say for instance I leave my handgun in my truck in its holster and someone I know takes my truck down the road to the gas station or something. In this case that person is not carrying it on their person but it is still in the truck with them. If they get pulled over is that person going to get in trouble for carrying without LTCH? I would think so since technically it is with them however it in the vehicle that I own. By the way for those that will probably will ask it is loaded and ready to go.

 

[Griffeycom]

Short answer: Yes.

Need LTCH to transport unless transporting to a "gunsmith" or from place of purchase to home.

 

[Jay]

NOT a lawyer, but I've always been under the impression that any driver of a vehicle is responsible for anything in that vehicle. If the gun is there, and driver (borrower) does not have a LTCH, he's in trouble. (again, supposition on my part)

No offense, but If kept a handgun in my vehicle, there would be no chance of my loaning that vehicle with the handgun in it.

 

[bigus_D]

+1 to both responses above.

Though, it would require consent to search from the borrower before the gun would be found (unless it was just sitting out). So, are your friends smart or not? If they are smart, then they won't have any problems. Also... I've already told my friends that they should get an LTCH. Have you?

 

[esrice]

If the vehicle is under his control and he's the sole occupant, I'd say he's liable for the gun in the truck.

This is why my Father took my Mother to get her LTCH.

 

[Lucas156]

Yes I have told them. I urge all of them to get an LTCH. The only people that would really drive my truck temporarily like this would be my girlfriend or parents so I guess that is who I am referring to. Shes the only one I would trust to do it and the only one I would trust around my firearms without me other than other gun savvy people Im close to like my parents(whom by the way do have their licenses TCH.

I think this would fall under the same kind of situation as if you had borrowed someones vehicle that has marijuana or some other illegal drug in it. You would be gettin in big trouble even if it is not yours; technically it is still in your possession.

I think this is a good thing to point out to gunowners though because I do know people who leave firearms in their vehicle(hopefully not visible to someone looking in as it will be left locked however unattended periodically) and have other individuals that are hopefully trusted drive their vehicle on occasion. Somethin to keep in mind!

 

[MontereyC6]

I think this would fall under the same kind of situation as if you had borrowed someones vehicle that has marijuana or some other illegal drug in it. You would be gettin in big trouble even if it is not yours; technically it is still in your possession.

Driving someone's car with a roach in the ashtray is a far cry from driving someone's car with a handgun(misdemeanor verses felony). First off, don't have friends that do drugs, secondly, be responsible with ALL your firearms. I'm not saying you specifically, just to anyone that decides to read my response. Thanks for sharing!

 

[Delmar]

Here is my question. Say for instance I leave my handgun in my truck in its holster and someone I know takes my truck down the road to the gas station or something. In this case that person is not carrying it on their person but it is still in the truck with them. If they get pulled over is that person going to get in trouble for carrying without LTCH? I would think so since technically it is with them however it in the vehicle that I own. By the way for those that will probably will ask it is loaded and ready to go.

Cops are usually understanding of such situations, but you do run into a bone head now and then.

 

[rabbit]

+1 to both responses above.

Though, it would require consent to search from the borrower before the gun would be found (unless it was just sitting out). So, are your friends smart or not? If they are smart, then they won't have any problems. Also... I've already told my friends that they should get an LTCH. Have you?

I think that is only for secured areas of the vehicle like a trunk or toolbox. I think the inside of the cab is far game with suspicion! But I'm not 100% sure!

 

[angelfire]

i would say yes and i would try to remember to take it out if i loan my car thats what i do just in case i never leave it in there whn im not in the car

 

[J D]

Something else to think about. You would share some liability in the event of some type of accident if you knowingly left it in the truck.

 

[Griffeycom]

Cops are usually understanding of such situations, but you do run into a bone head now and then.

I don't think you should call an officer a "bone head" for enforcing the law. IF the officer lets you get away then you might call them an extra nice officer, but you are still violating the law if you have a handgun in the vehicle with you with no license.

 

[jpserv]

i have ran into this when my wife took my car and i left my glock in it. It depends on the mood of the officer. He made her empty the clip and chamber, separate the clip, bullets, and lock the gun in the glove box and everything was fine.

 

[esrice]

He made her empty the clip and chamber, separate the clip, bullets, and lock the gun in the glove box and everything was fine.

This would be a good example of an understanding "extra nice officer".

 

[Bigum1969]

If the vehicle is under his control and he's the sole occupant, I'd say he's liable for the gun in the truck.

This is why my Father took my Mother to get her LTCH.

This is why I'd really like my wife to get her LTCH.

 

[Griffeycom]

This would be a good example of an understanding "extra nice officer".

Haha are you making fun of my description choice! :P It's the best I could come up with!

 

[Scutter01]

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.
As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35.

Doesn't matter if you're driving it or not. If you're a passenger and the driver runs inside the gas station for a coffee, you're technically in possession of the handgun at that time. It's stupid and it sucks, but it's the law. Will you get busted? Maybe. Probably not, but why risk jeopardizing your friend with a felony for something he's not even aware of?

 

[GuyRelford]

Here is my question. Say for instance I leave my handgun in my truck in its holster and someone I know takes my truck down the road to the gas station or something. In this case that person is not carrying it on their person but it is still in the truck with them. If they get pulled over is that person going to get in trouble for carrying without LTCH? I would think so since technically it is with them however it in the vehicle that I own. By the way for those that will probably will ask it is loaded and ready to go.

Easy answer! Yes. Your friend would be "carrying" a firearm "in a vehicle" and is subject to arrest if he/she doesn't have a LTCH.

 

[public servant]

Cops are usually understanding of such situations, but you do run into a bone head now and then.

And most boneheads wouldn't allow their vehicle to be borrowed with a gun in it. Would you? Pretty irresponsible don't you think?

Understanding? Why should they be understanding? Your friend just broke the law...and it's your fault? Don't blame the police because you can't keep track of where you leave your weapon. Blame yourself. Perhaps you can post their bond to make it up to them.

If you're that irresponsible you shouldn't have a LTCH.

 

[Robert Richardson]

Would you leave your child in the car and let someone borrow it? I don't think so.