Long gun in truck felon question._.

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  • GunsGears&Games

    Plinker
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    May 29, 2014
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    Hello. I'm the new guy. Good site you have here.

    My question is, I just bought an ak 47 semi auto and i'd like to keep it in my truck behind the seat whenever i leave the house; this means going to work as well m-f BUT i give a guy a ride to work everyday too who is a felon; can i legally keep my rifle in my truck with him or is it illegal for one or both parties? I've been searching for a couple hours and cant find a straight answer. Indiana has more or less no law on long gun arms and the internet seems to only care about hand guns and felons, leaving me unsure what to think. thanks in advance for any help on this.
     

    GunsGears&Games

    Plinker
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    May 29, 2014
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    I was afraid of that. I feel better with it in my truck at work where there are cameras watching the parking lot instead of home without even a hefty safe to keep it in yet. Thanks sporter.
     

    MCgrease08

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    Mar 14, 2013
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    With a long gun behind the seat one could argue the felon has access to the firearm, which would be a big no-no.

    Have you considered some type of lock box? I would think even a pistol in a locked glove box might nullify the issue.

    Obligatory IANAL warning.
     

    GunsGears&Games

    Plinker
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    May 29, 2014
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    Yeah i'm waiting for payday to pick up a case for it but it sounds like it'd be best to leave it home when taking him to work. I like guns, i have a couple and would like to keep getting more so no need to risk it then. I'll be getting a nice safe from work sometime this year to keep my hopefully ever expanding collection in. Nice and safe like you could say. Thanks.
     

    dtkw

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    How would he know you had a gun in the trunk if you didn't tell him? Liked others mentioned, better safe than sorry.
     

    remauto1187

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    With a long gun behind the seat one could argue the felon has access to the firearm, which would be a big no-no.

    Have you considered some type of lock box? I would think even a pistol in a locked glove box might nullify the issue.

    Obligatory IANAL warning.

    The words in codes concerning a felon and firearms say nothing about "access". Its POSSESSION. The felon friend is not in possession of the firearm while you the driver/owner are in the vehicle. You possess the rifle. DO NOT leave the rifle and felon in the truck together. The more people that know that you have a rifle behind the seat....the more likely it gets stolen!
     

    Lammchop93

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    Just an idea, but if you feel like you need a weapon in your vehicle with you, get a small handgun lockbox and place it under you seat with a handgun locked in it. That way if you got pulled over, you could say that it is locked, and only you have a key to it. Therefore the felon would not have access to it freely. Just an idea. I am unsure of what the law actually says. If there is any law on that.
     

    MCgrease08

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    The words in codes concerning a felon and firearms say nothing about "access". Its POSSESSION. The felon friend is not in possession of the firearm while you the driver/owner are in the vehicle. You possess the rifle. DO NOT leave the rifle and felon in the truck together. The more people that know that you have a rifle behind the seat....the more likely it gets stolen!

    Good point, but I agree that I don't want a felon to access to my gun, whether Johnny Law says it's okay or not. Nothing good can come from it.
     

    engineerpower

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    Jun 1, 2008
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    If you're worried about the felon you give ride to stealing your AK, breaking into your truck to get at it, or using it without your permission, is this someone you really need to be around?

    Otherwise, him being in your car is not a legal issue. Same as someone shooting your MG is not a ATF no-no as it's not a "transfer" if you're in the immediate area and maintaining nominal control over the usage.
     

    BE Mike

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    I'm one of those people who will go out of my way to avoid problems. If it were me, I'd keep the felon and gun in different places.
     

    arthrimus

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    Dec 1, 2012
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    Otherwise, him being in your car is not a legal issue. Same as someone shooting your MG is not a ATF no-no as it's not a "transfer" if you're in the immediate area and maintaining nominal control over the usage.

    A little off topic, but using that logic could a felon not also accompany you to a range and shoot your guns assuming that you were present the whole time and maintained "nominal control over the usage?" I'm not disagreeing with you, I'm just curious if there is any precedent for stretching that logic a little further.
     

    BehindBlueI's

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    The words in codes concerning a felon and firearms say nothing about "access". Its POSSESSION. The felon friend is not in possession of the firearm while you the driver/owner are in the vehicle. You possess the rifle. DO NOT leave the rifle and felon in the truck together. The more people that know that you have a rifle behind the seat....the more likely it gets stolen!

    Possession comes in two flavors, actual and constructive. While generally I would say the driver & owner of the vehicle has both actual and constructive possession, there are circumstances that would implicate the passenger as well. In the end, its a risk, albeit probably a small one. Depending on what the felonies are, it may not even qualify for a state code violation, and the feds don't generally give two poos about one guy/one gun cases where there are no other issues (trafficking, gang membership, violence beyond the routine, etc.)
     

    Notalentbum

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    Jun 12, 2013
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    For the record, there are felons and there are felons. My best friend and former business partner did something stupid when he was 20 years old. Due to others who were arrested making plea bargains before my friend was ever aware of anything going on. He had received stolen property on two occasions. The police and prosecutors working off of the lies the others that had already been arrested made him out to be the "ringleader". Yes he was a dumbass and I tried to get him to stay out of it but he didn't listen to me. He was charged with a D felony if memory serves. He's never done anything like this since. Raised a family, started several successful businesses and is close to retiring. Many here are always wanting to lump guys like him in with the street thugs and murderers. The individual in the OP could be a guy in a similar position. You can't always judge a person by a title hung on him, especially from his youth.
    But on the other hand this guys co-worker could be a class A dirtbag. Not all felons are though. Stuff happens!
    Under some circumstances, many of us could end up being charged with felonies.

    Sorry, but sometimes I get kind of tired of all the high and mighty people here that are so perfect.
    Matt
     

    ModernGunner

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    As for the OP's issue: WHY even put oneself in the position that it COULD be an issue? Why risk a felony or misdemeanor charge, or losing (or not qualifying for) their own LTCH and potentially put their own livelihood (and family financial well-being) at risk for someone who CHOSE to commit a crime? :dunno: Each person must decide. Again, their CHOICE.

    If he's 18+, he's not a 'youth'. And while I agree, "there are felons and there are felons", they're ALL still felons, LOL.

    "It was something stupid" is not, nor ever has been, any sort of legal justification for actions a person took by CHOICE.

    'Curiously' enough, we all probably know more people that are NOT felons than we do those that are. And MOST people do NOT 'do something stupid in their youth' that leads to a felony conviction. Under different circumstances' is a pointless, circuitous 'argement'.

    Choices can have life-long repercussions and everyone KNOWS that. Choose wisely.
     

    savage308

    Plinker
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    Feb 15, 2012
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    I think it depends on the attitude of the officer that pulls you over. If it were me I would carry it, just because the guy who is in your vehicle had an issue with the law doesn't mean I am going to give up my rights. Next he won't be able to visit your house while you have your guns there. I think it is BS, and I would not hesitate to carry the weapon. That is just me and if the LEO asked I would be straight up and tell him just because the passanger screwed up I am not giving up my Constitutional right to protect myself.
     
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