Fort Worth, TX asked in Criminal Law and Constitutional Law for Oklahoma

Q: What if someone that is a felon gets a gun charge from a gun that was locked in glove box of car unaware of it there

From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box

1 Lawyer Answer

A: Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.

The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun in the locked glove compartment.

Both issues warrant further attention, and discussion. As a general rule, if a reasonable person would not have known there was a gun in the glove compartment then an argument certainly can be made you are innocent. Many questions jump to mind such as ownership of the vehicle, if you’re not the owner, are you familiar enough with the owner to know his/ her propensity to carry weapons, ownership of the weapon…on and on.

You need to immediately contact a seasoned criminal trial attorney to assist you with your defense. Best of luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.