Laws about vehicle carry with prohibited passengers

[wittmeba]

I found some good information regarding vehicle carrying of weapons by Ken Cuccinelli.

I have other questions similar but slightly different.

My questions involve guns at home in my house and guns in my vehicles.

I am trying to understand the laws and best practices of guns when someone comes to your home and they are prohibited to own a gun for some reason.

The other question is what are the laws about carrying guns in your vehicle when when someone in the vehicle cannot legally own a gun for some reason.

I have read until I cannot absorb any more. Any help?

[Nevermore1]

I would think that it would have no effect on you so long as you don't hand them a gun to hold/use. I also would not recommend leaving them alone in vicinity to your gun, such as leaving your gun in the glove box of the car while running into a location that prohibits them and having that person staying in the car as well (since I would think they would then be considered to be in possession of the gun and they can then get in trouble for it). My ex is a convicted felon (3 counts grand larceny if I remember correctly) and I have had my gun in the vehicle while he is. Of course your best bet would be to check with either a lawyer or maybe even a probation officer to verify (or have the affected person ask his PO if he has one since he is the one responsible to make sure he follows the terms of the law).

[wittmeba]

Nevermore1 - thanks for your reply. I have read and understand it as you but the laws are not written for the common folks to understand. I guess that's how they (attorneys & judges) keep themselves employed.

This document was not directed to me but another member on another forum. The reason I am posting is the opening statement in Response - "It is my opinion...". This took me by surprise for an AG to reply as if he has uncertainties as well.

http://www.gotnarcosis.com/brucewittmei ... hicles.pdf

[Nevermore1]

Looks like he doesn't want to put himself in a position to be questioned later. Interpretation of laws shouldn't be given as opinions, that is just weird.

[SHMIV]

Perhaps the AG's findings aren't necessarily binding. A judge could rule contrary to what the AG had to say on the matter.

I suspect that he was clarifying that his finding was only his legal opinion.

[ Post made via Mobile Device ]

[MarcSpaz]

This is not legal advise. This information is my opinion and is strictly "use at your own risk". I would recommend talking to a lawyer if you plan to be in the situation you mentioned.

My interpretations of the laws and how my reply applies to your inquiries is based on the assumption that you know you will be with a prohibited person.

Its my opinion that when you own a firearm, regardless of having a permit to conceal carry or not, regardless of where you are or whom you are with, that you have a moral and legal obligation to maintain "control" of that firearm at all times.

It would be a crime to release control of a firearm to a prohibited person. Again, in my opinion, releasing control of your weapon goes beyond simply handing the weapon to someone. It includes control of custody.

To explain that concept... if you have a firearm with you in your home or vehicle, neither the home nor vehicle is secured and locked, the weapon is not secured and locked, and you are not present... you have released control of your weapon. You have placed your weapon in such a position that you do not have direct access to it AND you have no preventative measures in place to stop another individual from taking possession of it.

Lets apply this concept to your vehicle which is occupied by both you and a prohibited person...

a.) If you are both in the vehicle and the firearm is locked in a case or glove box, you are still maintaining control. You have not released the firearm to a prohibited person.

b.) If you leave the vehicle with the weapon secured and locked, you have not released control to a prohibited person.

c.) If the weapon can be obtained with little to no effort by the prohibited person while you are in the vehicle AND does indeed do so, you have released control to a prohibited person.

d.) If you leave the vehicle without securing and locking the weapon, you have release control to a prohibited person.

I have to say again, based on my experience, seeing case law and reading the code of VA and the US Federal code, and based on my own morals, unless your firearm is securely locked and not easily accessible to anyone, I would not leave it unattended.

I don't leave my firearm unsecured in my home or vehicle, even if my wife and kids are in the home or vehicle, and they can all legally possess firearms. I feel I have a legal moral obligation to secure my weapons, even from those closest to me whom I love and trust. I would be heart broken and legally culpable if anyone did anything illegal with my weapons in my absence.

Its like using your turn signal on the highway to switch lanes, its 2:00 AM and there isn't a car in sight... its just good practice.

[dorminWS]

Perhaps the AG's findings aren't necessarily binding. A judge could rule contrary to what the AG had to say on the matter.

I suspect that he was clarifying that his finding was only his legal opinion.

[ Post made via Mobile Device ]

>>>>>>>>>>>>>>>>>>>>>>>>>>>

You are correct. In Virginia, at least, an opinion issued by the AG is authoritative, but does not have the force of law. That means a judge might be guided or persuaded by it, but is not bound by it. That's why it is couched as an opinion.

[wittmeba]

Thank you, MarcSpaz. That was well said and very helpful. Thanks to others as well.

[dorminWS]

Nevermore1 - thanks for your reply. I have read and understand it as you but the laws are not written for the common folks to understand. I guess that's how they (attorneys & judges) keep themselves employed.

This document was not directed to me but another member on another forum. The reason I am posting is the opening statement in Response - "It is my opinion...". This took me by surprise for an AG to reply as if he has uncertainties as well.

http://www.gotnarcosis.com/brucewittmei ... hicles.pdf

For some reason, I cannot open this PDF.

[wittmeba]

dorminWS - Not sure why this would be.

Try this one just as a test:
http://www.relacweb.org/conferencia/ima ... _cerca.pdf

Let me know what browser you are using or if it is a portable device.

[MarcSpaz]

Perhaps the AG's findings aren't necessarily binding. A judge could rule contrary to what the AG had to say on the matter.

I suspect that he was clarifying that his finding was only his legal opinion.

[ Post made via Mobile Device ]

>>>>>>>>>>>>>>>>>>>>>>>>>>>

You are correct. In Virginia, at least, an opinion issued by the AG is authoritative, but does not have the force of law. That means a judge might be guided or persuaded by it, but is not bound by it. That's why it is couched as an opinion.

The AG's opinion is way more important than a judges... at least IMHO.

The AG is the one who decides if you should be prosecuted. It doesn't matter if the police arrest you, if the AG never files the action in court, then it doesn't matter what the judge thinks. The judges opinion only comes into play after the AG's and only if the AG prosecutes.

[SHMIV]

Yeah, but if the AG says it one way, but his predecessor says another. .. what then?

[ Post made via Mobile Device ]

[MarcSpaz]

Well, that's the thing... the former AG's opinion has no weight at all in this case. The current AG's opinion is now the relevant opinion. Time to have another opinion requested.

[wittmeba]

dormanWS - were you ever able to get the above PDF file to open or the small PDF I posted?

[dorminWS]

dormanWS - were you ever able to get the above PDF file to open or the small PDF I posted?

>>>>>>>>>>>>>>>>>>>>>>>

No. I think the trouble might be on my end.

[TBob]

Well, that's the thing... the former AG's opinion has no weight at all in this case. The current AG's opinion is now the relevant opinion. Time to have another opinion requested.

I wouldn't ask the current anti-freedom AG anything if I suspected that the anti-gun answer I am likely to get is one I'd rather not hear. Just sayin'...

[wittmeba]

TBob - what you posted is always a concern to me. Like asking Bloomberg if you should buy a S&W or Ruger.