How is this a concealed weapon charge?

[Aim1]

I could see possession of a firearm without a permit since it was within reach inside his car.


He's obviously not a felon otherwise he would have been charged with that.


This seems like a charge that would only work if he was carrying it while walking.


Of course it's concealed inside his car, it's inside his car.



He said, "Rather safe than sorry." which I think a lot of people these days are feeling.


The old, "Better to be judged by 12 than carried by 6."




https://nypost.com/2023/05/02/deont...tm_source=yahoo mail&utm_campaign=android_nyp

 

[kwb377]

Have you Googled CA law to see how their concealed carry laws read and what elements apply? That'll probably answer the question.

My advice...don't be riding around smoking weed with the windows down while packing in gun-unfriendly California. The same advice I've given to criminals on numerous occasions..."You can get away with alot more stuff if you don't draw attention to yourself."

 

[NIGHTLORD40K]

LA
'Nuff said.

 

[bearcreek]

In Ohio, prior to the passage of Constitutional carry, a handgun was considered concealed whenever it was in (or on, in the case of a motorcycle) a vehicle. If a person didn't have a CHL, they could legally open carry their loaded handgun, but they could not enter (or ride on) a vehicle. Perhaps CA is similar.

 

[WestKentucky]

In a lot of places the fact that controlled substances and a firearm are together is enough to jump from a fine straight to felony. I saw this happen with a good friend when a bad breakup led to his college apartment getting searched when they found a marijuana plant and a grow light in the same closet as the .243 he was deer hunting with. I could understand a person getting that elevated charge for actively having a gun on them while selling or something of the sort, but a locked up full sized hunting rifle just being in the same persons control as a marijuana plant is a bit of a stretch. There’s a reason for the law, but I don’t think THAT was the intent.

In the case of the boxer, that would still not really seem right if the law is similar, but it’s a lot closer. I wonder A. If the gun is on the cali approved list, B. How much marijuana was in his possession, and C. What REALLY led to the traffic stop. It’s easy to say I smell weed, when in reality it may have been any number of things that are less legally defensible by the officers (not saying the cops liars, I just know how it works sometimes).

 

[theotherwaldo]

Remember, it's only illegal for otherwise law-abiding people to carry concealed weapons in California.
Actual criminals have no problem carrying... .

 

[WisBorn]

I don't think it would have mattered where this happened.
1- Driving a Rolls-Royce at 1:15 while being black (sorry profiling happens)
2- Smoking weed while driving or the smell in the car.
3- Firearm in the car.

The book will be thrown at him and his high dollar lawyers will get the charges reduced.

 

[StrawHat]

…The old, "Better to be judged by 12 than carried by 6."…

Sorry, that is not the way it should read.

Better to be acquitted by 12 than carried by 6.

Kevin

 

[Aim1]

I don't think it would have mattered where this happened.
1- Driving a Rolls-Royce at 1:15 while being black (sorry profiling happens)
2- Smoking weed while driving or the smell in the car.
3- Firearm in the car.

The book will be thrown at him and his high dollar lawyers will get the charges reduced.

I believe he was stopped for too dark of window tint so they wouldn't be able to see who was inside and profile them.

 

[Ks5shooter]

Yup he will get a fine

 

[WisBorn]

I believe he was stopped for too dark of window tint so they wouldn't be able to see who was inside and profile them.

It still doesn't mean that he wasn't profiled.

 

[Destructo6]

If you wonder what CA's laws are regarding handguns in vehicles:

Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle’s trunk or in a locked container. Furthermore, the handgun must be carried directly to or from any motor vehicle for any lawful purpose and, while being carried must be contained within a locked container.

Pursuant to California Penal Code section 16850, the term "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment.

 

[Robert]

He broke the law, no matter how minor, and it was discovered that he had a weapon and drugs in the car. While marijuana is legal in CA, having a gun in the presence of drugs is not bright. Non of this is really on topic for THR, not the reasons for the stop, not the search...none of it really.