Prohibited Person in Car with a Gun

[PADriver13]

My question involves criminal law for the state of: PA

This is a hypothetical (which I know you don't like) but I'm curious about something very specific. If a driver (also owner of car) and passenger drive to a store, and driver goes into store, leaving passenger in the car, is passenger now liable for property in the car?

I carry a gun and have a PA LTCF, which enables me to carry concealed (in PA, driving in a car with a gun is considered concealed carry). My question is if there are any repercussions if there are passengers who do NOT have LCTFs. If I am the owner of the car and am in the car with passengers with my gun, I read the law to say all is ok. It's my gun and in my possession.

What if the gun is kept in the glove box? Is this now considered the passenger's property, since it is closer in proximity to them than to me? (Thinking of when a cop finds a marijuana bowl in a car, no one fesses up, so whoever it's closest to is charged, etc.).

What if I leave the gun in the car to run into a store that prohibits guns? Is leaving the gun in the car with a passenger illegal? I'm assuming this would be true if I knowingly leave a gun in the car with a person who I know is prohibited. But what if it isn't a prohibited person? Just a passenger who does not have a LTCF? If that individual now breaking the law by virtue of being a passenger in a vehicle that has a gun locked in the glove box?

Thank you.

[Mr. Knowitall]

It is going to depend on the full facts. If you insist upon leaving a firearm within the constructive possession of a passenger of your vehicle, despite that person's being banned from possessing firearms, you had best make them aware of your plan such that they can decide whether it's worth the risk.

[nadsab]

Why not just leave the gun at home? What do you need a gun in your car for anyway?

Problem solved.

[PADriver13]

Why not just leave the gun at home? What do you need a gun in your car for anyway?
Problem solved.

Appreciate your advice, but that is not an acceptable solution to me.

[nadsab]

Why not?

[PADriver13]

Why not?

The point of becoming licensed to CARRY a gun...well, is to carry it. In public, for self defense.

[Mr. Knowitall]

But you wouldn't be carrying it. You would be leaving it in the car with the person you know is not allowed to be in possession of the firearm.

[PADriver13]

It is going to depend on the full facts. If you insist upon leaving a firearm within the constructive possession of a passenger of your vehicle, despite that person's being banned from possessing firearms, you had best make them aware of your plan such that they can decide whether it's worth the risk.

Completely agree with this. Up to this point, I have never left it in the car with a passenger. I typically don't leave it in the car ever as I concealed carry. My concern was potentially going somewhere that prohibits firearms, thus being forced to leave the gun secured in a glovebox while I conduct my business. I guess I could always have the passenger accompany me into the store. I just wasn't able to find any case law related to this scenario and wanted to get other opinions. I think it could very well depend entirely on the LEO. I can easily foresee a cop making a huge deal out of it, and another cop seeing that it is locked in the glovebox while I am the only one with a key. Thanks for responses.

[nadsab]

The point of becoming licensed to CARRY a gun...well, is to carry it. In public, for self defense.

Are you fearful that someone may harm you?

[cbg]

Y'know, I don't give two hoots about guns. They don't interest me. I have no interested in owning one or using one for any purpose whatsoever. I am completely uninterested. However, we don't all have the same tastes and if you want one, it's okay with me. If you feel you need one for defense, or for target shooting, or for hunting, or just because you can, I have no problem with that. I have somewhat stronger feelings on the matter of registration and private citizens owning AK-47s, but on an overall basis if you want a gun, go ahead and have one for all I care.

However, if you live in a world where your safety would be impacted by not having a gun right on you every minute, I feel very sorry for you.