Can Anyone Address These Scenarios?

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Jake Benson

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Can anyone address these two scenarios?

1. My wife has a concealed carry permit and I don't. We have a concealed gun in the car. I am driving. For what ever reason, we get pulled over and searched by the police. As long as she has her permit, does it matter who is behind the wheel? Are we legal?

2. My wife is carrying a concealed handgun. A situation arises, say we are mugged at gunpoint, I am able to take the gun from my wife, etc. and shoot the mugger. Can I be charged with anything since she was legally carrying concealed, and then handed me the gun?

I ask these questions because its possible that I will not be able get my concealed carry permit since I have an assault and battery misdemeanor charge on my record going back to 1974.

I am in North Carolina
 
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1) Check the ccw laws in your state and states you may travel to.

2) Check with your local or State police. They will help you. Just call their non-emergency number.
 
Did that "Assault and Battery" charge carry a =possible= sentence of 1 year or more? If so, you might be a "prohibited person", and that might have a profound effect on this scenario.
 
You can't get a definite answer to either question that you can rely on. Even if we say, "You'll be fine," on this forum, that's not binding on any prosecutor if anything were to happen.

Your best bet is to talk to an attorney in your state familiar with the carry laws and use of deadly force laws in your state. If nothing else, find out for sure if you can get a carry permit in your state or not.

The problem with hypotheticals is that changing one little thing can change the answer, and the answer from the hypothetical may or may not match what finally happens in real life.

My opinion? In both of those scenarios, yes, you could face the possiblity of facing charges, depending on the totality of the circumstances, how the police report the incidents, and the feelings of the prosecutor who reviews the incident when he decides whether or not to charge you.

To give another perspective: The question "I have a CCW permit. If my gun is in the car, and someone who doesn't have a permit is in the car alone, is that a crime?" comes up in the CPL classes I teach on a regular basis.

The attorney's who teach the legal portion have answered that question with everything from "It may be a problem, yes," to "It shouldn't be a problem, as long as that person doesn't know the gun is there, which means it's hard for the prosecutor to argue the gun was under that person's control," to "I wouldn't do that."
 
By not listing your state under your username it makes it difficult to answer so everything is just a guess on our part.

In general, states that have concealed permits allow for that when the holder is a passenger in a private automobile.

As for #2 again that's gong to depend on the state and the prosecutor but, in general, a case like you describe here is probably something that could be argued as justified but it's going to be very dependent on the circumstances.

That said, if your PLAN is to just have her carry the gun for you, and you do all the "fighting" then it sounds like a terrible plan.
 
1. Depends on state law.

2. Depends on state law.

You didn't tell us what state you are in, so we can't provide any opinions with reasonable chance of being correct.

For example, many states have guilty until proven innocent self-defense laws. You shoot someone in self defense, you can be charged with the homicide and then it's up to you to prove your innocent by reason of self-defense. In most states your innocent until proven guilty. You shoot somone, and it's up to the state to prove that it was not in self defense.
 
I would say your wife needs to train with the gun she is carrying. I've always heard don't carry a gun that you aren't proficient with, so if she is planning on just giving you the gun, it's a bad plan. She needs to be prepared to use the gun if she is the one carrying it.
 
1. I don't know
2. It doesn't matter. In that hypothetical situation I'm going to assume that you're acting in justifiable self defense. If you didn't take the gun and act you or your wife would be dead.
 
My wife is, in fact, proficient with her own handgun (s&w 649). I guess my thinking on my question is that if there were ever an instance where our lives needed to be defended, I would rather have the responsibility of the shooting on me, not my wife. To me, that is part of being a good husband. But yes, she could defend herself, and me too, for that matter.

Thanks for all the info.

By the way, we are in NC.
 
1. As long as gun is in the car not in your person it is O.K. Car is extension of your house.
2. I do not know.
 
As long as gun is in the car not in your person it is O.K. Car is extension of your house.
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this is not true... yet. The new castle doctrine law goes into effect December this year.
 
in n.c.

open carry is legal in a motor vehicle,and a shotgun loaded in a rack is ok,at least a month ago it still was in charlotte,under n. c law misdemeanors are not grounds for refusal of gun ownership,maybe some c.o.p. criteriea,head dog says no.and is probobly unconstituional,maybe the law changed,but id rather open carry in n.c. .........i love to see the yankees ,and california transplants stare and shake thier heads :eek:
 
lol, andrewstorm. I hear that. No, I was not denied a purchase permit to buy a gun. However, I was told by sheriff deputy just today if I had a misdemeanor assault and battery against me, even if it was 37 years ago, to forget trying to apply for a ccw permit. He said I should try to expunge my record. Does seem insane that something 37 years ago when I was basically a kid would prohibit me now.
 
For #1, her possession of a CHL with her doing the toting makes the deal all legal. No different from just walking together down the street. She has a CHL and is carrying; you have no CHL and are not carrying.

For #2, my guess is that it would depend on the circumstances. When you're the victim of attempted violence, the physical location of whatever weapon is used in self-defense is largely irrelevant to the facts of the case. Getting the gun from her is no different from picking up a handy rock, tire tool or axe. The real issue is whether or not the killing was truly a case of justified homicide.
 
Thanks, Art. Of course there would never be an incident of using a firearm unless it was indeed a life threatening situation. My fear is going to jail even over a righteous shoot. If there is fear or doubt over any given scenario, that hesitancy may be all that is necessary to lose one's life, or worse yet, someone you love.
 
If the vehicle is titled in both your names, should not be an issue at all if she is present..

However experience tells me, that if you have gone far enough for a police officer to have searched your car to find it, unless it was in plain-view, you are already up to your elbows in misery... Finding the pistol just put an ugly lock on the deal....

As far as using her pistol to defend in public... that has way too many unknowns and what if's and what abouts in it to wade into..
 
I'm not from NC, but a misdemeaner should not prevent you from your own CPL.

As was suggested earlier, a visit to lawyer versed in these matters would probably be a good investment. It will cost a lot less to fix now, rather than after. I'm thinking you can have the record expunged.
 
Jake Benson said:
Of course there would never be an incident of using a firearm unless it was indeed a life threatening situation. My fear is going to jail even over a righteous shoot. If there is fear or doubt over any given scenario, that hesitancy may be all that is necessary to lose one's life, or worse yet, someone you love.
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Bear in mind that should this go to trial...should the DA not view it as a clear cut self-defense/life threatening situation...the picture painted would be the same as that of a gangbanger having a female/juvenile in their group carrying the gun because they are legally prevented from doing so. The obvious question that LE would ask when responding to a shooting would be to ask why your wife didn't use her own weapon.

It might be better to let your wife take point in a defensive situation, unless she was clearly unable to do so...injured or being restrained
 
expungement can be an option

according to n.c. law you would be eligible 6 years after all fines and punishments were imposed and complied with, it would cost between 2,500-5,000 to expunge a felony if you have only one and its non specified (no weapons( and less for a misdemeanor i suppose,also cops are not lawyers,so ask a bar certified weapons specializing attorney.the money is well spent,if you can buy freedom.............god bless America........and the founding fathers....and all patriots who come after them today and forever......amen:D i am not a lawyer so my opinions above are not leagel advise,only a bar certified lawyer can tell you the lowdown,call u one................:eek:
 
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Sorry, you cannot expunge such a conviction in NC. It will always be on your record that law enforcement can access. Don't waste the money. If you had something like an underage drinking ticket, that can completely be removed, but expungement in NC is really only for civilian access to your criminal records.

Anyhow, It is always worth applying for a permit. Once you get it, they can't revoke it for something in your past. I'm not sure what county you live in, but permit issuance is on case by case basis in NC regardless of what the law says. Furthermore, if you are denied you can appeal the denial to residing judge of your county, in which case I would hire an attorney to plead your case.

In regards to carrying in a vehicle, it depends where you are (in NC) and where the weapon is in the vehicle. If its under your seat, I'd say you'd have a tough case saying its your wife's. If its in the glove box or something, I'd think you'd be okay, but I'm not a LEO or DA, so don't listen to me.
 
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