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if you have a loaded handgun in a glove box with a non chl passenger with you would the firearm still be consider in your control or the passengers

patterson wrote:if you have a loaded handgun in a glove box with a non chl passenger with you would the firearm still be consider in your control or the passengers

Your control, as long as you are the driver.

patterson wrote:if you have a loaded handgun in a glove box with a non chl passenger with you would the firearm still be consider in your control or the passengers

It depends on the circumstances. If the passenger is a felon I could see the argument for constructive possession of a firearm in the glove box right in front of him.

The Annoyed Man wrote:

patterson wrote:if you have a loaded handgun in a glove box with a non chl passenger with you would the firearm still be consider in your control or the passengers

Your control, as long as you are the driver.

In the glove box directly in front of the passenger? I would consider it more in their control than the driver's due to proximity. However, since one does not require a CHL to have a handgun concealed in a vehicle, I don't see a problem at all unless the passenger is prohibited from possessing a firearm.

C-dub wrote:

The Annoyed Man wrote:

patterson wrote:if you have a loaded handgun in a glove box with a non chl passenger with you would the firearm still be consider in your control or the passengers

Your control, as long as you are the driver.

In the glove box directly in front of the passenger? I would consider it more in their control than the driver's due to proximity. However, since one does not require a CHL to have a handgun concealed in a vehicle, I don't see a problem at all unless the passenger is prohibited from possessing a firearm.

The law does not allow for a non-CHL to posses a handgun in a vehicle unless they are the owner or it is in their control. If you are the driver, you are in control of the vehicle and the only one allowed to be in possession if not a CHL or the owner of the car.

Section 46.02
(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.

Thanks Keith.

Oh, what if the driver is not the owner, but the owner is the passenger? I'm thinking about two friends on a road trip or a parent teaching their kid to drove or just letting them drive before they are legally able to possess a handgun.

C-dub wrote:Thanks Keith.

Oh, what if the driver is not the owner, but the owner is the passenger? I'm thinking about two friends on a road trip or a parent teaching their kid to drove or just letting them drive before they are legally able to possess a handgun.

As stated, if you are the owner, then you can posses it, even if you are the passenger. The question then comes into who is really in control; is the driver in control or the owner? It could be interpreted that both are in control as the driver 'controls' the vehicle when they drive it but the owner would be in 'control' as they can direct the driver on how to drive it.

I'm reading both of those questions now and they sounded way better in my head first. Do they make sense to you guys?

C-dub wrote:I'm reading both of those questions now and they sounded way better in my head first. Do they make sense to you guys?

The questions make sense to me. As do Keith's answers.
However, the way I see it, you could make a case for either party being responsible for the firearm. IE - make sure you're legal either way and you're fine. If one of you isn't legal, then the firearm stays on the other person.

I was thinking more in the line of a spouse as the passenger with no chl and the vehicle could be in both parties names or maybe for instance lets say the non chl spouses name that is the passenger

What about a leased car (i.e. owned by the bank) and a non-CHL driver?

ScottDLS wrote:What about a leased car (i.e. owned by the bank) and a non-CHL driver?

Many people obtained loans to buy their car so they are technically owned by the bank.

I believe that the driver is in control. I sure hope he can control the gas, brakes and steering.

In the case of a car loan. the bank holds a lien on the vehicle and the owner is still the owner.

(2) inside of or directly en route to a motor vehicle
that is owned by the person OR under the person's control.

That little two letter word "or" makes a big difference. You can be both or either one and carry in the vehicle in my opinion. A third party that does not fit either of those two categories would not be allowed without a CHL.

I hadn't really considered this question before, but it is intriguing. From the ever popular police shows, during traffic stops where narcotics are found and regardless of who the owner is, if nobody admits to possession then the driver is usually charged with possession because they are deemed to be in control of the vehicle. So if the concept of "control" is transferrable I would tend to believe the driver to be the determining factor. That is, unless the passenger is observed to actually have hands on the weapon at some point..... Of course I could be full of it too.....I don't interpret "lawspeak" all that well.....