Virginia Gun Owners Forum - VGOF

Question: I leave my weapon in the car in my driveway, wife jumps in the car to run to the store. Cop stops her, she does not know my weapon is in the glove box but cop finds it. I have a CHP she does not, can she be arrested? Has not happen but I was just wondering. I have looked everywhere for an answer.

heck yeah she can be arrested. You need to get her into the CHP club to prevent such a situation!

Yes, it does not matter who owns the gun or car. She has physical control and in the eyes of the law is responsible. I agree with Rick, get her a CHP although I'm leery about leaving anything in my car especially a gun.

She will absolutely get arrested.

and leaving a gun in an unattended car each night is not good.

ughym..yea...just what he said

From a retired Cop with some brains, no ,she may or may not get arrested if the husband could be called and showed up with the CCP and some I.D. But he would in fact possibly get a lecture on the idea of leaving a weapon in the glove box depending on where he lived.
Bill

SgtBill wrote:From a retired Cop with some brains, no ,she may or may not get arrested if the husband could be called and showed up with the CCP and some I.D. But he would in fact possibly get a lecture on the idea of leaving a weapon in the glove box depending on where he lived.
Bill

I think my retired brain still leans towards arrest.

If you get an understanding officer... perhaps she doesn't have a problem.... get someone who wants to make an 'example' of her, and a DA that sides the same way and things could go VERY badly.

This is the exact situation for which we got the Mrs. a CCW.

Plus it helps her now that she is shooting/collecting more and wants to exceed the 1 handgun per 30day rule.

Please don't leave your handgun in your car, God forbid someone breaks into it & now your weapon is in their possesion. It's happened before, even to LEO's.

Ya all can rest assured, I have not left a gun in the car since the early 70s when my 25 stayed locked up in the glove box. Inquisitive minds wanted to know.

ProShooter wrote:

SgtBill wrote:From a retired Cop with some brains, no ,she may or may not get arrested if the husband could be called and showed up with the CCP and some I.D. But he would in fact possibly get a lecture on the idea of leaving a weapon in the glove box depending on where he lived.
Bill

I think my retired brain still leans towards arrest.

That could be the problem, your brain is retired. LOL
Bill

SgtBill wrote:

ProShooter wrote:

SgtBill wrote:From a retired Cop with some brains, no ,she may or may not get arrested if the husband could be called and showed up with the CCP and some I.D. But he would in fact possibly get a lecture on the idea of leaving a weapon in the glove box depending on where he lived.
Bill

I think my retired brain still leans towards arrest.

That could be the problem, your brain is retired. LOL
Bill

Now, who didn't see that coming?

Im going out on a limb here, but I watched the video where if your stopped, exit the vehicle while locking your doors, you can politley refuse a car search, admitt you would never agree to a search without a warrent. then if they force search your vehicle that firearm is inadmissable in court. Your loss would be your cost of a defense atty fee and court costs.

probrable cause had better be a good one if they search that vehicle

It would come under fruit's of the poison tree. If the search is illegal(the poison tree) then anything found (your gun) is the fruit from said poison tree and is inadmissable in court.
Bill

Well said SgtBill, I couldnt have said it better.

Most LEO are pretty common sense, and most are just doing their jobs, then every once in a while you run into the leo with a short stick,short temper, and thats unfortunate because they give the decent leo a bad image.

SgtBill wrote:It would come under fruit's of the poison tree. If the search is illegal(the poison tree) then anything found (your gun) is the fruit from said poison tree and is inadmissable in court.
Bill

BUT, if she has an accident and it transported to the hospital, or the car is towed, or a variety of other reasons, an inventory search may be conducted and she could get stroked.

SgtBill wrote:

ProShooter wrote:

SgtBill wrote:From a retired Cop with some brains, no ,she may or may not get arrested if the husband could be called and showed up with the CCP and some I.D. But he would in fact possibly get a lecture on the idea of leaving a weapon in the glove box depending on where he lived.
Bill

I think my retired brain still leans towards arrest.

That could be the problem, your brain is retired. LOL
Bill

well, my brain retired with a 100% conviction rate...I guess it was only fitting to retire it upon reaching perfection!

true enough Proshooter, but the situation was if she was pulled over...