Venator
Anti-Saldana Freedom Fighter
Since you're in the car, you would be concealing though.
Am I? Or is my wife.
Since you're in the car, you would be concealing though.
Interesting scenerio.... I also wonder if you take alcohol out of the equasion... if your wife is pulled over and you're riding shotgun and you are carrying... do you need to disclose?
If the finding out of the guns in the vehicle was accomplished illegally then that is the point. If not disclosing, how would anyone, without volunteering by the wife, know he is the husband? Why would any LEO(s) even question the passenger if they have no RAS to question. There are many many court cases that uphold that LE is not permitted to question passengers absent RAS.
yes which mean's u are being detained..Yes.
A traffic stop is, for practical purposes, a Terry stop;[10] for the duration of a stop, driver and passengers are “seized
”http://en.wikipedia.org/wiki/Terry_stop
To quote OP, Wife is in possession and reports, I have CPL, I am in possession of two weapons. Husband is not in Possession and has no duty.
No question that you are detained, but so what? Only the driver need show a DL, passengers are not required to talk let alone ID themselves.yes which mean's u are being detained..
No question that you are detained, but so what? Only the driver need show a DL, passengers are not required to talk let alone ID themselves.
http://www.macombdaily.com/articles/2011/09/19/news/doc4e7741a0bc548281377987.txt[/QUOTE]I'mYou sure about that? May get charged with impeding an investigation. Maybe we are a stop an ID state after all.
"Police were notified of the situation. When they arrived, the woman told officers that she had no identification on her.
After being informed that if she had an ID and did not present it that she would be arrested for impeding a police investigation, she presented officers with ID that matched the name she had previously given them. It was not the same ID that she had attempted to buy the phones with."
http://www.macombdaily.com/articles/2011/09/19/news/doc4e7741a0bc548281377987.txt
No question that you are detained, but so what? Only the driver need show a DL, passengers are not required to talk let alone ID themselves.
If Police are detaining you as a passenger, and you have a CPL and a weapon on you, Your cpl licenses requires you to report to the Officer ? Or there is no Weapon in this scenario.
Or I am confused.
In this scenario, your gun is possessed by your wife who also has a CPL.
If Police are detaining you as a passenger, and you have a CPL and a weapon on you, Your cpl licenses requires you to report to the Officer ? Or there is no Weapon in this scenario.
Or I am confused.
Not sure it matters in this case who the vehicle is registered to. The same scenario could be in a cab, bus, a friends car, etc...I think that's the point, the passenger (husband) is NOT in possession, therefore no requirement to report or ID.
Consider this, If the vehicle is registered to the husband, but the wife is driving, who's in possession of the vehicle? If she's in possession of the vehicle, she's in possession of the contents, INCLUDING the weapons since she has a CPL.
Am I? Or is my wife.
Whoever is in the car with the gun would be concealing it. Thats why Im careful not to leave my gun in the car if I step out to pump gas or something while I have a passenger.
Not sure it matters in this case who the vehicle is registered to. The same scenario could be in a cab, bus, a friends car, etc...
I was assuming the CPL holder exited the vehicle. Whoever remains in the vehicle, then has posession, and would need a CPL themselves to remain legal.
I believe that I remember reading an AG opinion recently, that stated if a CPL holder exited the vehicle, lets say to enter a store or gas station, but left his firearm in the vehicle, that the passenger(s) (no CPL) would not be considered "in possession" of the firearm. I know that it is not legally binding, but it could possibly be used as part of a defense. And of course I can't seem to find it anywhere! If I am remembering correctly, could someone please post a link to it for me?