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Looking for LEO input

Discussion in 'Legal' started by answerguy, Feb 8, 2006.

  1. answerguy

    answerguy Well-Known Member

    In my thread:http://www.thehighroad.org/showthread.php?t=180835
    I opened with:
    Do you ever leave your guns in the car?

    Do you ever leave your guns in the car when at home? Besides the risk of theft have you ever considered that some family member might borrow the car and not be aware that they are there?

    I had a situation where I left a shotgun in my vehicle after a day of hunting and my son borrowed my car to get to school the next morning because his had broken down. He didn't think it would be a big deal because he knew I had the day off of work.

    But if a school official would have happened to check his car for whatever reason my boy would have been expelled.

    I'm looking for input from the LEOs who hang out here. How would you handle a situation where you pull over a driver under the legal age for handgun ownership and you see a handgun in the glovebox when he reaches for the registration. Is there some discretion allowed or is a trip to the local jail automatic. How do you determine that Dad accidentally left the gun there unbeknowst to the driver? If it were a shotgun left in the back of pick up taken to school would that be less likely to have discretion?
  2. Jeff White

    Jeff White Moderator Staff Member



    Well I do often have ammunition in my vehicle and here in Illinois, with it's stupid FOID law, that would be enough to get someone in the family who didn't have a FOID card arrested. I have considered that possibility.

    Expulsion from school is administratively done by the school board around here. The police have nothing to do with it.

    I have informed many more drivers of the Illinois law as it pertains to transporting firearms, then I have arrested for Unlawful Use of Weapons. Usually, if there is nothing else wrong during the stop I'll tell the person what the law is in regards to transporting firearms and have them secure it so it is legal and send them on their way. One time I even gave a gentleman from out of state an old blanket I had in the trunk of my squad to wrap his nice Model 70 in before he stowed it behind the seat of his pickup, rather then in the rack in the rear window which was legal in his state. (don't spread that around though, It'll spoil the image ;) )

    A phone call usually works for me.

    That's going to depend on indivdual department policies. Where I work, I would have that discretion. Of course possession of a firearms season deer permit is an excused absence in the school district here.

    I don't think you're going to be able to make a good judgement of how thiongs are going to be where you live, by asking us here. You're best bet is to talk to a local officer and find out what their policies and procedures are.

  3. Huntzman

    Huntzman Well-Known Member

    Guns and Cars

    First let me say that I agree 100% with Jeff. Your question is more about jurisdiction than anything else. You need to research local law and act accordingly.

    The other thing is individual officers react..... well individually. Officer A might send junior home with a wink and a nod, Officer B might be fingerprinting him.

    Rule #1 - Guns and Cars don't mix.
    Rule #2 - Driver of the car is responsible for the vehicle & contents
    Rule #3 - Lawyers can provide help (for a nominal fee) at a criminal trial when you forget Rules #1 & #2

    Just my opinion & hope it helps.

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