CPL VEHICLE LAWS

[deanf]

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You won't generally find constructive possession referenced in any law. It's a legal fiction created by judges to help them resolve cases. It's a common law concept.

 

[joeroket]

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deanf wrote:

You won't generally find constructive possession referenced in any law. It's a legal fiction created by judges to help them resolve cases. It's a common law concept.

I absolutely agree.

 

[joeroket]

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NavyLT wrote:

joeroket wrote:

deanf wrote:

You won't generally find constructive possession referenced in any law. It's a legal fiction created by judges to help them resolve cases. It's a common law concept.

I absolutely agree.

But, again, it would be hard to apply constructive possession to the vehicle statute, because actual possession is not addressed in the statute, only "placing" and "carrying".  If the CPL driver places his gun under his seat and leaves the vehicle, the non-CPL passenger has neither "placed" that gun, nor is he "carrying" that gun - although, yes, it might be stated that he is in possession of that gun - which is not against the statute.

Hmm more food for thought when I am looking up old bills and RCW's at in the RCW books at the library. I think we are at a stalemate until intent of the legislature is looked at.

 

[FMCDH]

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joeroket wrote:

Hmm more food for thought when I am looking up old bills and RCW's at in the RCW books at the library. I think we are at a stalemate until intent of the legislature is looked at.

Agreed.

To me, the intent of the legislature is what matters and probably what WILL mater to a PA should push come to shove.

 

[SANDRAT]

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I got pulled over by a really pissed off Stater years ago about 3:00 AM(a friend of my girlfriend threw out a lit cig in front of him),my loaded Glock was in the glove box,I was not about to open it in front of him,I took the written warning for no insurance or registration and had it signed off a couple of days later.Prudence is sometimes the better part of valor............

 

[Lord_Kalen]

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Best the pistol got mentioned upfront , If the driver opened the glove box without overly thinking about the handgun inside there could have been a real issue with the guy thats trained "when in doubt shoot" ..... The cop was a totalasshat forcharging him however.

My uncle had something similiar happen , he hadhis sidearm in his glove box when stopped once , opened it to get his registration without informing the cop , put his hand on the pistol to move it while shuffling thourgh the box for the paperwork ..

Well you can guess how that went over , a gun was quickly at his head and he was told if his wife and child wasnt in the car the officer would have fired.

Theres alot worse ways to have your rights violated . Misdemeaner charges are alot better then getting killed or injured.