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-   -   Is it legal to "let" my wife carry a gun? (http://goldismoney.info/forums/showthread.php?t=278301)

Ebie 06-28-2008 11:07 PM
Is it legal to "let" my wife carry a gun?
 
If my wife carries a gun in her purse, and, we are in the car together, am I braking any laws?
(We live in a "non-issue CCW" area of the country.)

SilverCity 06-28-2008 11:40 PM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by Ebie (Post 1167964)
If my wife carries a gun in her purse, and, we are in the car together, am I braking any laws?
(We live in a "non-issue CCW" area of the country.)
Are either you or her a convicted felon? Then probably yes it is illegal...

Check with your state's Department of Public Safety firearm laws to be sure.

markam 06-29-2008 12:49 AM
Re: Is it legal to "let" my wife carry a gun?
 
it depends on the state, but in general you can open carry without a cc license, but you cannot have a handgun in a car (open or concealed). Being in a car is a priviledge, not a right.

GoldWampum 06-29-2008 01:29 AM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by markam (Post 1168026)
it depends on the state, but in general you can open carry without a cc license, but you cannot have a handgun in a car (open or concealed). Being in a car is a priviledge, not a right.
Who hoodwinked you into believing that nonsense. Traveling in a car is no more a privilege than a buckboard or horseback or on foot. Free movement is free movement.

elroy 06-29-2008 01:50 AM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by Ebie (Post 1167964)
If my wife carries a gun in her purse, and, we are in the car together, am I braking any laws?
(We live in a "non-issue CCW" area of the country.)
You are not but she probably is.

However if the gun belongs to you, you might be dragged into a criminal case since you knowingly let her break the law with your gun. I'm not sure.

C4talyst 06-29-2008 03:34 PM
Re: Is it legal to "let" my wife carry a gun?
 
If your wife is carrying a gun in her purse she is "concealing a weapon". Is concealed carry legal there? If so, does it require a permit? I don't know if "non-issue" means you can't get one or don't need one. For your wife to "open carry", normally the firearm would need to be visible from three sides of her body (state laws I'm aware of).

Ebie 06-29-2008 03:45 PM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by C4talyst (Post 1168789)
If your wife is carrying a gun in her purse she is "concealing a weapon". Is concealed carry legal there? If so, does it require a permit? I don't know if "non-issue" means you can't get one or don't need one. For your wife to "open carry", normally the firearm would need to be visible from three sides of her body (state laws I'm aware of).
We live in California.
In our county:
No permits issued to citizens.
No open carry.
No concealed carry.
Be well.

silver_addiction 06-29-2008 03:47 PM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by GoldWampum (Post 1168043)
Who hoodwinked you into believing that nonsense. Traveling in a car is no more a privilege than a buckboard or horseback or on foot. Free movement is free movement.
this is a subject that I have been studying for quite some time now. It seems to me like yes, travel is obviously a right, and we can exercise that right.

However, once we sign up for the license (which is unconstitutional) we are at the mercy of that contract. The state cannot take a right, turn it into a privilage, issue a license and charge a fee for it. If they do, we can act with impunity, ignore the license and travel freely.

The problem seems to be with getting the license in the first place, and entering into an agreement to obey thousands of traffic laws. You also give up the right to have a judicial, or court of law.

The license is like the SS card, you don't need to get it, but they make it inconvienent if you don't have one. Without a license, you could beat any "ticket" in court becasue there is no casue of action. I don't even know if they could write you a ticket becasue there would be no license number to type in, and it is a civil matter where the only penalty for not answering said ticket would be suspension of license. Now, if you never got a license, how could they suspend it??

Twisted Avatar 06-29-2008 04:07 PM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by silver_addiction (Post 1168811)
this is a subject that I have been studying for quite some time now. It seems to me like yes, travel is obviously a right, and we can exercise that right.

However, once we sign up for the license (which is unconstitutional) we are at the mercy of that contract. The state cannot take a right, turn it into a privilage, issue a license and charge a fee for it. If they do, we can act with impunity, ignore the license and travel freely.

The problem seems to be with getting the license in the first place, and entering into an agreement to obey thousands of traffic laws. You also give up the right to have a judicial, or court of law.

The license is like the SS card, you don't need to get it, but they make it inconvienent if you don't have one. Without a license, you could beat any "ticket" in court becasue there is no casue of action. I don't even know if they could write you a ticket becasue there would be no license number to type in, and it is a civil matter where the only penalty for not answering said ticket would be suspension of license. Now, if you never got a license, how could they suspend it??
+1 to all you said


But the challenge is learning how to excute all you have spoken about...... to do that it requires copious amounts of study, time and resourses and if you mess up one tiny bit ....YOUR @$$ IS GRASS

The sad fact is in this country Living free comes at a very,very high price.


T

GoldWampum 06-29-2008 04:42 PM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
However, once we sign up for the license (which is unconstitutional) we are at the mercy of that contract.
Yep, if you contract to give up your rights, you do. BUT... you have not necessarily done so as a prerequisite to traveling in a car. In which case, you have a right to travel.

elroy 06-29-2008 05:22 PM
Re: Is it legal to "let" my wife carry a gun?
 
The courts have said you are free to travel and even travel in a car.

But you must have a license to drive the car.

GoldWampum 06-29-2008 05:44 PM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by elroy (Post 1168979)
The courts have said you are free to travel and even travel in a car.

But you must have a license to drive the car.
I'm not so sure that is completely accurate. Or that it is that simple.

AZLiberty 06-30-2008 01:49 AM
Re: Is it legal to "let" my wife carry a gun?
 
In California it is illegal to have a loaded firearm in a vehicle. (transportation of a loaded firearm)
Concealed with out a permit is a separate charge.

silver_addiction 06-30-2008 02:28 AM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by GoldWampum (Post 1169011)
I'm not so sure that is completely accurate. Or that it is that simple.
This is quite a catch 22, that I am trying diligently to find a way around. It seems pretty obvious to me that if you never sign up for a driver's license (DL) that you cant get sucked into all the traffic laws. The problem is that you also cannot get plates for the car, and you will be stopped every time you pass a cop. This is the problem I keep coming back to.

Now, if I want to drive to work, and I am stopped, and I have my vehicle towed - this is a problem for me. Maybe you can win in court, that is debatable. There is no law I am aware of that says I need a license to travel. DRIVE, yes, but if you look up the meaning of driving - or a driver - these terms apply to commercial vehicles. A regular common law freeman is not "driving" in the Black's Law Dictionary defintion.

I know the traffic courts are a scam, and they are taking freedoms and turning them into privilages, but i don't know if this is something that will ever be beat in court as it is one of the largest money makers and the easiest way for the government to steal from it's people.

silver_addiction 06-30-2008 02:30 AM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by elroy (Post 1168979)
The courts have said you are free to travel and even travel in a car.

But you must have a license to drive the car.
grab a blacks law dictionary and look up the meaning of driving. traveling in a car is not driving. that cannot be disputed going by their defintions.

electric-amish 06-30-2008 09:34 AM
Re: Is it legal to "let" my wife carry a gun?
 
Its State by State.

In Missouri you can carry loaded and conceled in your car. Step out onto the side walk and you need to have a CCW permit. Castle Doctrin for vechicles also.

From My Drive way to another Drive way if the owner will not report it as something beligerent I'm am OK. From My Driveway--personal Property to Personal Property peacable carry in any condition OK. Public property not good.

This is in Missouri and these are the Laws I'm familiar with. You may need to be carrying locked and out of reach in your state. Ill comes to mind--need to have trigger lock, unloaded-ammo seperated from gun, Gun in a case thats locked where you can not get to it. Commies:D

E-A

Lt Dan 06-30-2008 10:06 AM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by Ebie (Post 1168809)
We live in California.
In our county:
No permits issued to citizens.
No open carry.
No concealed carry.
Be well.
You answered your own question............

In many states it would be ok, but not without the CCW permit. Carrying in a purse is concealed carry.

cigarlover 06-30-2008 10:30 AM
Re: Is it legal to "let" my wife carry a gun?
 
I dont know if its legal or not but as someone who has been married twice, I dont think I would want my wife to have a gun :):confused_ma:

GoldWampum 06-30-2008 10:59 AM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by silver_addiction (Post 1169501)
This is quite a catch 22, that I am trying diligently to find a way around. It seems pretty obvious to me that if you never sign up for a driver's license (DL) that you cant get sucked into all the traffic laws. The problem is that you also cannot get plates for the car, and you will be stopped every time you pass a cop. This is the problem I keep coming back to.

Now, if I want to drive to work, and I am stopped, and I have my vehicle towed - this is a problem for me. Maybe you can win in court, that is debatable. There is no law I am aware of that says I need a license to travel. DRIVE, yes, but if you look up the meaning of driving - or a driver - these terms apply to commercial vehicles. A regular common law freeman is not "driving" in the Black's Law Dictionary defintion.

I know the traffic courts are a scam, and they are taking freedoms and turning them into privilages, but i don't know if this is something that will ever be beat in court as it is one of the largest money makers and the easiest way for the government to steal from it's people.
Quote:
Originally Posted by silver_addiction (Post 1169502)
grab a blacks law dictionary and look up the meaning of driving. traveling in a car is not driving. that cannot be disputed going by their defintions.
We are thinking along the same lines here.

Ebie 06-30-2008 12:53 PM
Re: Is it legal to "let" my wife carry a gun?
 
Let me rephrase the question.
Would I be criminally liable if my wife had a gun in her purse, in the car?
(I know she would be "breaking" the law.)
If trouble came, could I use the gun?
Has this ever been tried in the courts?
Be well.

Neuro Artist 06-30-2008 03:47 PM
Re: Is it legal to "let" my wife carry a gun?
 
Quote:
Originally Posted by Ebie (Post 1170061)
Let me rephrase the question.
Would I be criminally liable if my wife had a gun in her purse, in the car?
(I know she would be "breaking" the law.)
If trouble came, could I use the gun?
Has this ever been tried in the courts?
Be well.
Maybe you would be looked upon as some sort of accessory in her crime, since you know that she carries and further knows that she is "breaking the law" (If she is indeed doing that, that is). I don't know that much about US or Californian law but I would imagine that you are entitled to self defence, proportional to the threat you are under. I would imagine if you are in a situation where it would be deemed reasonable for you to use a gun in selfdefence, you could do that. But you might still face charges for illegally carrying a firearm or being an accessory to that. Just don't hit anyone who is not a perpetrator with your bullets.

AZLiberty 07-01-2008 11:28 PM
Re: Is it legal to "let" my wife carry a gun?
 
No, you are not liable in most cases. The two charges (both misdemeanors in CA) are

Transportation of a loaded firearm.
Carrying a concealed weapon without a permit.

Now, say your wife leaves her purse in the car and you drive somewhere, then you are breaking the above two laws.

trepdan 07-03-2008 03:54 PM
Re: Is it legal to "let" my wife carry a gun?
 
Ebie: You could be the presumptive possessor of anything in a vehicle you are driving and passengers in the vehicle claim no knowledge or possession of it. So if your wife told a cop you stashed your pistol in her purse, with or without her knowledge, and that she had not taken possession of it, you could be breaking the law.

silver_addiction: A person with no driver's license is generally considered to be unaware of traffic law, which constitutes reckless endangerment, which is a potentially jail able offense (most violators get off with just the vehicle being towed or a licensed driver taking the vehicle somewhere for them). You don't need a driver's license to get plates in most of the states I've got friends in, but a driver's license and insurance can be a requirement for an inspection sticker. So if one obeys all posted traffic regulations and manages to avoid roadblocks, one might never get checked for a DL. And yes, this country is rapidly approaching the worst of communism and fascism in one convenient package.


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