riding with a felon

[CAMOEDTJ]

i have a ltc and i sometimes give a buddy a ride to work, car problems ect! i pretty much carry every day to work on my person <sob> well i have recently found out that he had gotten into some trouble 6yrs or so ago. but im curious if i just happened to get pulld over for a traffic stop could my friend go to jail just cause im carrying on my person in my vehicle and totaly legal. i dont wnat to get him in to a bad situation on something im dooing that i have every right to do??

 

[kludge]

I don't think it's an issue as long as it could never be construed that he has "control" over it.

If it's on your hip, you obviously have control. In the trunk or under driver's seat might be OK too. Console or glove box, or under passerger seat could be construed the other way. (My opinion is based on some of the court decisions I have read, cases where there is a gun in the car "carry" can be attributed to any person in the vehicle who can reach or has access to the gun... if I get time I'll look it up, but you can search at www.in.gov/judicial for keywords.)

Best option is keep it on your hip or in the trunk (you control the key).

IANAL.

 

[singlestacksig]

there was once an Indiana supreme court case about a guy who was a passenger in a car & charged with possession..
court overturn conviction saying he did not have control of the gun.
i posted link before.. i'll have to go find it..

 

[indoorsoccerfrea]

I'm not a lawyer, but I would say no. As long as the firearm is not in his possession or easily accessible to him (e.g. in the glovebox) then I wouldn't think there would be a problem. I am sure I walk past felons on the street every day while carrying, yet that doesn't mean they are in possession of my firearm. If it is on your person, then it is strictly under YOUR control and not his. Just my two cents.

 

[JohnP82]

i would agree as long as you are in control of the firearm i wouldnt see a problem. i see your concern though with all of the media twists on gun owners. since you always have it on your body i would say you are good.

 

[RA8]

If he is shooting out the window, the law states you must be holding his other hand. I think this is because you still have a physical, and emotional attachment to the gun. Laws on possession are tricky.

On a more serious note, you can be arrested for drugs in his pocket, but he cant be arrested for a gun in your pocket. Laws on possession ARE tricky.

 

[CAMOEDTJ]

THANKS to all with your replies, i was kindof guessing that if i was in control of the gun that there would not even be a question of possesion, but not tottaly sure of the fact that even though i had control he is still in the presecence of a fire arm. i know i sound anal about this but just didnt want the guy to go down 4 a situation that i put him in.he was not that i know of ever convicted of any violent felonys but none the less still a good guy who got the short end of the stick..and still a felon.

 

[samot]

On a more serious note, you can be arrested for drugs in his pocket

Uhmm ????

 

[40calPUNISHER]

IANAL.

You too?

 

[RA8]

Uhmm ????

If he is in possession of drugs in your car, and you get pulled over, I was under the impression that you could be charged with possession. Could be wrong.

 

[Denny347]

If he is in possession of drugs in your car, and you get pulled over, I was under the impression that you could be charged with possession. Could be wrong.

Only if the drugs were in a common area of the vehicle. Its in your pants pocket...you own it. That doesn't keep people from saying that those are not their pants .

 

[Kirk Freeman]

Its in your pants pocket...you own it. That doesn't keep people from saying that those are not their pants

Hey! These are my cousin's pants!

 

[samot]

That doesn't keep people from saying that those are not their pants .

Even if thier wearing the pants ??? (joke)

 

[public servant]

Hey! These are my cousin's pants!

You laugh...but do you know how many times I've heard that?

 

[redsuperduty]

I would think it's ok. Surely the court would understand we can't do a background check on every person we associate with.

 

[T-rav]

Id say your good to go as long as he is not in control of it.

 

[Jack Ryan]

Best option is keep it on your hip or in the trunk (you control the key).

IANAL.

MHO is the best option is to not hang around or ride around with convicted felons.

 

[38special]

What if they quickly put their pants on the ground?








....Pants on the ground...






.....Lookin like a fool.




With your pants on the ground.

 

[Astrocreep]

It's all about 'Constructive Possession' of the firearm.
Don't worry about it if you are actually carrying the firearm at the time.

Don't:
-put it in the glove box while he's with you
-put it under the seat
-put it in the center console
-hang it from the rearview mirror
-leave it on the back seat
-leave it on the floor
-let him drive your car with the gun stored anywhere but on your person
-put it anywhere he could reasonably have access to it with or without you knowing

IANAL, but I've talked to one about what 'constructive possession' arguments in Indy courts are like.

You CAN be arrested along with him if he gets caught possessing drugs in your car.
You probably will not be actually convicted of a crime, but seriously? you want to go through that kind of headache?

ProTip: If you are a law abiding citizen with LTCH and wish to keep it, don't hang around people that use drugs or commit crimes.

 

[RA8]

MHO is the best option is to not hang around or ride around with convicted felons.

Yes, and we should tattoo their foreheads, ban them from working within city limits, and take away their right to be within 50 feet of non felons. Hell might as well give them all life sentences, or death penalties. What is wrong with you? Give people credit for being able to pick and choose who they associate with. What if he is an old friend who doesn't live the criminal life anymore? Excluding people from society will make them hate it even more.