Is It Worth It To Drive With A Gun In Your Car?

This video explains the risks and legal consequences of driving with a loaded firearm in your car and what to do if you’re stopped by the police.

Key Points About Driving with a Gun:

• If you’re caught with a loaded firearm in your car, even if no one saw you touch it, you could face serious charges.
• Potential charges include:
  1. Carrying a concealed firearm.
  2. Carrying a loaded firearm.
  3. Possession of a firearm by a felon (if you have a prior felony or domestic violence conviction).
• These charges can lead to jail or prison time.

Possession of a Firearm:

• Actual possession: When the firearm is found on your person (e.g., in your waistband or pocket).
• Constructive possession: When the firearm is found in your car or another place you control, even if it’s not physically on you.

Circumstantial vs. Direct Evidence:

• Direct evidence: A witness saw you with the gun (e.g., another passenger saw you handle the firearm).
• Circumstantial evidence: No one saw you with the gun, but the circumstances suggest you knew it was there (e.g., if you were the only one in the car and the gun was found under your seat with your fingerprints on it).
• Both types of evidence are admissible in court and can be used to prosecute you.

Defending a Firearm Charge:

• A defense attorney might:
  1. Interview witnesses who can testify that the gun didn’t belong to you or that you were unaware of it.
  2. Challenge the legality of the traffic stop. If the stop was unlawful, any evidence (like the gun) can be excluded.

What to Do if You’re Stopped by the Police:

1. Do not admit to having a gun or any crime.
2. Never give permission to search your car. If police search without permission, your lawyer can challenge the legality of the search.
3. Invoke your Miranda rights: Remain silent and request an attorney before answering any questions.
   If arrested, consult an experienced lawyer. They may be able to:
   • Get the firearm excluded from evidence if the search was unlawful.
   • Negotiate a lower charge or alternative sentencing (e.g., probation or house arrest).

Finally, the video suggests storing and transporting firearms properly to avoid legal issues, and concludes with an invitation to like, subscribe, and leave comments.

This video is part of their “Stay Out of Trouble Tuesday” series.