MCOLES State Licensing Practice Exam

You observe a loaded pistol in a vehicle where the driver lacks a CPL. What is the appropriate charge?

1. Possession of a firearm

2. Improper transport of a firearm

3. CCW violation

4. Unlawful possession of a weapon

The correct answer is: CCW violation

When a loaded pistol is found in a vehicle where the driver does not possess a Concealed Pistol License (CPL), the most appropriate charge is for a Carrying Concealed Weapon (CCW) violation. This is because the law typically requires individuals to have a CPL to carry a concealed firearm legally. Since the driver lacks this license, they are in violation of the CCW laws, which are designed to regulate who can carry concealed firearms. The focus is specifically on the act of carrying a concealed firearm without the requisite permit. The presence of a loaded firearm elevates the seriousness of the situation, leading to potential safety concerns and legal ramifications associated with unauthorized possession. Therefore, the offense aligns closely with the CCW violation, as it directly addresses the unlawful act of carrying the weapon in a concealed manner without the legal authorization granted by the CPL. Other charges may not apply as precisely in this situation. For example, while possession of a firearm is relevant, it does not capture the specific nature of the violation regarding carrying it concealed. Similarly, improper transport might apply under different circumstances, such as transport nuisances or specific state transport regulations, but here the absence of a CPL is the pivotal factor. Unlawful possession of a weapon can also signify