Think I know the answer, but want to confirm.

Kid is not in car when Officer shows up do to the report of Minors smoking cigs. in the park. Find cigs in car along w/a prohibited weapon.

Since car/weapon owner was not in the car at the time of arrival, am I right in understanding he can't be cosidered to be "carrying"? Not "on or about"?

The problem I had is that if a person has an AK-47 in the car and gets out to go to the bathroom when the gun is spotted, since they had good timing, they can't be charged w/UCW?

If it's an AK-47 it's not UCW.

Ok, ok, ok. Make it a club.

"weapon-club" v "prohibited weapon" - "carrying on or about" v "possess"

I would say club - no - not in position can easily access without materially changing his position.

proh. weapon - maybe - can you prove actual care, custody, control or management?

I really botched the Q. It wasn't a prohibited weapon. Was a club so just a plain ol' weapon.

I guess my problem was with the fact that an officer would evidently have to wait for a person to get into the car or at least near enough to the weapon to get at it w/o materially changing his position in order to be able to arrest for UCW.

That was the way I was reading it, but was just wondering if I missed anything.

Sorry for the confusion in the Q.

While some officers might wait for a suspect to get near a club, none will let him get near a handgun. However, you don't have to prove possession at the time of arrest for UCW. You can just allege possession on the date in question and prove it up, if thoroughly investigated by your officer, by demonstrating that he had it on or about his person at some prior time on or about that day. Don't know all your facts, but perhaps a witness can put him in the car or, more likely, the officer questioned him about his method of arrival at that location and vehicle ownership during his contact and arrest. Good luck.

Thanks for the input. May be what I was looking for.