If there is a gun in a locked glove box and the defendant does not have a key, does that satisfy the 'carry on or about a person' element?

• A. Yes
• B. No
• C. Yes, if the glove box is within arm's reach
• D. No, because a locked glove box with no key does not satisfy hidden or accessible requirements

Answer: (D)

The important idea here is whether the defendant has actual or constructive possession and control of the firearm. To “carry on or about a person” the weapon must be under the person’s control and either hidden on them or readily accessible to them.

In this scenario the gun sits in a locked glove box and the defendant does not have the key. Because the box is locked and the defendant cannot access it, they cannot exercise control over the firearm. Proximity or being within reach isn’t enough if the weapon is locked away and inaccessible. Without access, the firearm isn’t being carried by the person, even if it’s in the same vehicle.

If the defendant did have the key or could unlock the glove box immediately, then the gun would be under their control and could satisfy the carry element. But with no key and no-access, it fails to meet this requirement.