Gun in Glovebox

Discussion in 'Places Off-Limits' started by Bags57, Nov 14, 2005.

  1. Bags57

    Bags57 Member

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    I know that if I am wearing my gun on hip and go to Chili's or someplace similar, and upon arriving I place my gun in the glovebox I have violated the public gathering law.

    If I start my trip to Chili's with my gun already in the glovebox or center cosole, have I violated the public gathering statute? Assume that I am starting my trip from home going to Chili's and then back home and I do not have a holster attached to my body in anyway. (this is just in case I were stopped I could say that I was not carrying on or about my person).

    Bags57
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Oh, like we are going to tell you not to?

    I'd say carry a Kel Tec P3AT in your pants pocket and tell no one.


    In Bice v. State, it appeared that the defendant carried a bottle of whiskey to a church, where people were assembled for worship, in his buggy and the buggy was left standing from 100 to 200 yards from the church. His conviction was affirmed, and in doing so the court observed that 'a fair and even strict construction requires us to hold that, when it forbids carrying intoxicating liquor to a church, it means also to forbid its introduction to a place in such immediate proximity to the church building as to make it readily accessible to those who may desire to use it.'
    It there be any difference in the carrying of a bottle of liquor in a buggy to a church gathering and the carrying of a sawed-off shotgun in an automobile to a V.F.W. dance, we are unable to discern it.


    Farmer v. State (for a more complete citation, see the Public Gathering, List of Places Off Limits thread).
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    As a practical matter, however, I would point out a couple of things. First, the likelihood of getting caught is about zero.

    Second, The people in trouble with the law are people in trouble with the law. I hope that makes sense. They were all involved in shootings, mayhem, and various forms of aggravated hybotchery. There aren't any license holders or law-abiding "I went to Chili's and forgot my gun was in the glovebox" types in the bunch.

    Third, if it saves your hind end, you won't care much whether you are charged . . .

    Last, police officers don't tend to know what these cases say.
     
  4. Gunstar1

    Gunstar1 Administrator

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    Technically you are breaking the law if you have a gun concealed in your car and park near a public gathering that you are about to enter (leaving the gun in the car).

    Realistically though I don't worry about it. As Malum posted, there are several reasons to not be overly concerned.

    It basically boils down to the saying:
    If you are charged and convicted it is a misdemeanor. You will loose your license to carry for 5 years, but you can still own firearms. If you leave the gun at home and get robbed/injured/killed while on your way to/from Chillies, then the possible misdemeanor is by far the better option.