One of our local sweethearts was busted for a noise ordinance violation. Marijuana in plain view on auto seat.

Search of auto turns up firearm and meth. (In close proximity to each other.)

Does this rise to "use or exhibit"?

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Originally posted by Gordon LeMaire:
One of our local sweethearts was busted for a noise ordinance violation. Marijuana in plain view on auto seat.

Search of auto turns up firearm and meth. (In close proximity to each other.)

Does this rise to "use or exhibit"?

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Not sure what your asking.

You might be able to go for UCW. The person was committing a crime of possession of a CS, which is not a class-C.

Just the gun in the car, is not illegal though, unless the person was a member of a gang, it was in plain view, or committing another offense other than a Class-C traffic offense.

www.cop-talk.net

There are plenty of appellate cases approving a jury's decision to make an affirmative finding where there is drugs (POCS or DCS) and a firearm nearby. It's a good idea to have a narcotics investigator explain to the jury that drug dealers have guns to protect their "product" from theives.