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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2183
Experience:  Practicing Attorney with 10 years experience
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My son had a flat tire at ~7pm while out driving with s dog.

Customer Question

My son had a flat tire at ~7pm while out driving with his dog. He had told his wife he would be back soon. It was dark and he was passing thru an area that was not well lit and not too safe.
He was also in pain (under doctor's care for bad back problem) and had obviously taken more pain pills than he should... he was not thinking too clearly.
(We have now found that he has become a pain pill addict and we immediately put him into a rehab center... He was totally agreeable.).
So he, of course, pulled over to the side of the road.
He did not have a spare in the trunk and didn't know what to do.
(He doesn't think too fast sometimes.)
So he sat there for 10 to 15 minutes... during which time he took his hand gun from the glove box and loaded a magazine (but did not chamber a round) and stuck it between the seat and the center console... because he was stuck in a dark, dangerous area. (THAT WAS STEP ONE AND TWO... TO PROTECT HIMSELF... IT WOULD NOT HAVE DONE HIM ANY GOOD IN THE GLOVE BOX IF SOMEONE SUDDENLY ATTACKED HIM)
Someone reportedly saw him in the car and called 911 because they - reportedly - thought he was dead or injured. Fire Rescue came and (for a reason unknown to me) they called in the police.
While my son was reentering his car after being questioned by the officer and the officer noticed the firearm stuck beside the seat.
He told the officer that "he was told by an officer that as long as he had a three step process that he could carry a firearm in his vehicle."
The officer stated that he removed the firearm from the vehicle and unloaded it. There was no round in the chamber but 11 rounds of hollow point ammunition in the magazine that was loaded into the firearm. ( a Heckler & Koch .40 S&W semi-automatic handgun)
The firearm was not in a holster.
He was arrested for "carrying concealed firearm"/ Statute No. 790.01(2) Degree: F3 UCR Code: 5200 Attempt Code: Commit
BOT***** *****NE: HE WAS ARRESTED BECAUSE HE HAD ALREADY 'PERFORMED' THE FIRST TWO STEPS OF THE THREE STEP PROCESS.
IF HE HAD BEEN SITTING IN FRONT OF A 7/11 I WOULD UNDERSTAND THE PROBLEM... BUT OUT IN THE MIDDLE OF NOWHERE, IN THE DARK IN A VERY BAD AREA (REMEMBER TO CHECK THE "CRIME AREA MAP" FOR NUMBERS. AND ASK IF YOU WOULD WANT YOUR SON TO SIT THERE WITH THE GUN IN THE GLOVE BOX?
Submitted: 1 year ago.
Category: Legal
Expert:  Asad Rahman replied 1 year ago.

My first suggestion would be to contact an experienced criminal defense attorney who has experience with your local prosecutors and judges who may be able to use their relationships to mitigate, reduce, or eliminate the charges. However, in my research, there does not seem to be a defense for him since there was no imminent threat. Just being in an unsafe area is not an exception to have the gun encased while in the vehicle. Secondly, my concern is that if they (the police or prosecutors) dig deeper they might charge him with having the gun while under the influence of medication which is a separate charge. Again, my suggestion to have a good criminal defense attorney would be your best next step.