Can a felon ride in a car with a chl holder?

[mjbskwim]

I have talked to a couple of police officers that agree. I have also talked to a couple of officers who have no clue whatsoever.

I'm not going to cop bash here,but I have a Bro n law that was a WSP detective.(Any semi drivers in the Vancouver area been in an accident know him)

We were talking about CC and weapons in a car.He said as long as they were in plain site they were OK
Loaded? Yeah

Wrong answer.
Police don't seem to educate themselves on all the gun laws.They usually deal with those who shouldn't or can't have them.

I think you are on the right track with the "control" issue though.

 

[Karma]

That is the problem. I can't find what "control" means. Common sense would tell me that if I have the gun on my person, nobody else could have control over it. Unfortunately when the legal system is involved, you can't assume common sense. lol.

 

[el gringo loco]

That is the problem. I can't find what "control" means. Common sense would tell me that if I have the gun on my person, nobody else could have control over it. Unfortunately when the legal system is involved, you can't assume common sense. lol.

In legal terms, "control" means to exercise dominion over. That means the cop has to prove that, more likely than not (>50% chance), the felon exercised dominion over the firearm to make an arrest. A prosecutor is going to have to prove beyond a reasonable doubt (yes, it's possible that he didn't, but not probable), that he exercised dominion over a firearm.

As for "dominion" and "control," they are legal terms that have contextual and relational definitions. The definitions are dependent upon the facts of each particular case. There is no black and white standard for what control or dominion is. You can look at case law that addresses what possession was or wasn't or what control was or wasn't in specific cases and, if your situation is exactly the same, have a good idea of where you fall with respect to the law. However, our system of laws is designed to cover all situations regardless of whether or not the facts of the case are specifically enumerated in the phrasing of a statute. This means you should exercise caution and make sure that no reasonable person would believe that a felon exercised "control" of the weapon. In a holster on your hip pretty much meets that requirement. Everything short of that, as I previously described in my other post, enters a gray area where many other factors will begin to have weight in making the decision as to what possession really is.

 

[Karma]

In legal terms, "control" means to exercise dominion over. That means the cop has to prove that, more likely than not (>50% chance), the felon exercised dominion over the firearm to make an arrest. A prosecutor is going to have to prove beyond a reasonable doubt (yes, it's possible that he didn't, but not probable), that he exercised dominion over a firearm.

As for "dominion" and "control," they are legal terms that have contextual and relational definitions. The definitions are dependent upon the facts of each particular case. There is no black and white standard for what control or dominion is. You can look at case law that addresses what possession was or wasn't or what control was or wasn't in specific cases and, if your situation is exactly the same, have a good idea of where you fall with respect to the law. However, our system of laws is designed to cover all situations regardless of whether or not the facts of the case are specifically enumerated in the phrasing of a statute. This means you should exercise caution and make sure that no reasonable person would believe that a felon exercised "control" of the weapon. In a holster on your hip pretty much meets that requirement. Everything short of that, as I previously described in my other post, enters a gray area where many other factors will begin to have weight in making the decision as to what possession really is.

Ya, I always have my gun in a holster on my person. It is either a hip holster, a shoulder holster, or on occasion, a fanny pack as embarrasing as that is. lol.