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lordmanji
04-24-11, 01:10 PM
...he has a gun in the room like on the table but not in his hand/on his body?


retdetsgt
04-24-11, 01:17 PM
I think it depends on how close he is to the gun and how readily he can grab it.

Kimble
04-24-11, 01:50 PM
I think it depends on how close he is to the gun and how readily he can grab it.

Exactly. Same is true if the suspect is in a car, if the gun is in a glove box or console where he/she can easily access it that's probably going to be considered armed. If it's locked in a gun safe in the trunk (and that's the only weapon in the vehicle), not so much. A gun in a holster isn't in their hand but they're still armed, it's about whether the person has immediate control over the weapon.