Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > How CA Laws Apply to/Affect Me
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #161  
Old 05-17-2014, 1:51 PM
Modimo's Avatar
Modimo Modimo is offline
Member
 
Join Date: May 2009
Location: Southern CA
Posts: 218
iTrader: 1 / 100%
Default

Well you know what they say opinions are like...

I took it like this, stay away from the extremes, be polite, and do not disclose anything that isn't required to disclose (not lying either). Most importantly don't put yourself in a position to be pulled over and questioned for your legal firearms. Again, just my opinion from everything I have collected.
Reply With Quote
  #162  
Old 05-24-2014, 12:06 PM
1GunLover's Avatar
1GunLover 1GunLover is offline
Senior Member
 
Join Date: Nov 2012
Posts: 1,124
iTrader: 160 / 100%
Default

Can you legally film a officer while he has you pulled over? I thought you need to inform them or ask for consent in order to?
Reply With Quote
  #163  
Old 05-30-2014, 9:09 AM
sorensen440's Avatar
sorensen440 sorensen440 is offline
Calguns Addict
 
Join Date: Mar 2007
Location: Sonoma
Posts: 8,605
iTrader: 18 / 100%
Default

Quote:
Originally Posted by 1GunLover View Post
Can you legally film a officer while he has you pulled over? I thought you need to inform them or ask for consent in order to?
You dont need consent to film in public
__________________
"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson
Reply With Quote
  #164  
Old 05-30-2014, 11:08 AM
dantodd dantodd is offline
Calguns Addict
 
Join Date: Aug 2009
Location: San Carlos
Posts: 9,362
iTrader: 0 / 0%
Default

Yes, it is legal. http://arstechnica.com/tech-policy/2...o-film-police/
Reply With Quote
  #165  
Old 05-30-2014, 11:32 AM
RickD427's Avatar
RickD427 RickD427 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jan 2007
Location: King County
Posts: 6,134
iTrader: 7 / 100%
Default

Quote:
Originally Posted by dantodd View Post
Please note that the decision of the First Circuit described in the above link is meaningless in California.

LEO's in many other states have used state statutes governing wiretapping and/or making of unauthorized recordings to make arrests of folks who videotape them.

California law is actually quite supportive of folks who wish to videotape the actions of LEO's. So long as the officer is in public, and there is no confidential aspect of the communication being recorded (refer to Penal Code section 632), and your actions do not interfere with the officer (refer to Penal Code section 148), you're free to record all that you want.
Reply With Quote
  #166  
Old 06-28-2014, 10:06 AM
sharpshooter21's Avatar
sharpshooter21 sharpshooter21 is offline
Junior Member
 
Join Date: May 2014
Posts: 10
iTrader: 0 / 0%
Default

The best answer is No Answer. You do not have to answer questions. politely tell the officer I do not wish to answer any questions. hand him your license, reg and insurance and wait for your fix - it ticket.

Sent from my SAMSUNG-SGH-I337 using Tapatalk
__________________
you only get one shot at life…aim carefully
Reply With Quote
  #167  
Old 09-01-2014, 11:02 AM
rlc2's Avatar
rlc2 rlc2 is offline
Member
 
Join Date: Jul 2014
Location: Left Coast
Posts: 462
iTrader: 0 / 0%
Default Thanks, Rick

Quote:
Originally Posted by RickD427 View Post
I am pleased to see this a sticky. The question does get asked all too often and never does seem to go away.

If an officer asks if there are weapons in the car, IMHO, the best thing to do is simply say "yes" or "no" as the facts of the circumstance dictate.

Many folks on this board seem to believe that officers are looking for an excuse to take anyone to jail, and will mistakenly take innocent folks to jail. When I read this in postings, I also note the absence of first hand experience. Officers are not perfect there will always be anecdotes of bad experience, but lets keep them in perspective.

A lot of folks recommend some version of denial when asked the question. That may prevent a search, and any issue from coming up. California has no broadly written statute (unlike the feds) that makes illegal to lie to an officer. There are many narrow instances where it is illegal to lie to a California LEO. The problem with this one is that if you're caught in the lie, stand by for the officer to take the maximum measures against you that are permitted by law.

Other folks recommend some version of "I have nothing illegal in the car." IMHO, this is the worst one of all. Here's why - The answer is evasive, and intentionally so. There is a large body of law concerning "adoptive admissions." Where a person refuses to answer a reasonable question (prior to Miranda being triggered), or is evasive in response to a question, the LEO is entitled to draw reasonable conclusions as a result. If the question was 'Do you have any guns in the car?" and the answer is "I have nothing illegal in the car", the officer has probable cause to believe there is a lawful gun in the car. That conclusion reconciles the evaded part of the question, and is consistent with the statement of the driver. If the stop occurs in an incorporated city, or in an unincorporated area where shooting is prohibited (which is nearly all of the state), the officer has the right to inspect firearms to determine if they are loaded. The law allows LEOs to search vehicles (without a warrant, and without consent) where there is probable cause to believe contraband is in the vehicle. A lawfully possessed weapon is not contraband, but California courts have allowed officers to search for firearms, for the purpose of inspection, under the same conditions. The net effect of "I have nothing illegal in the car" is that you just gave the LEO a "fishing license" to conduct a lawful search. Isn't that what you were attempting to avoid in the first place?

If you do answer "yes", then the officer has the same right to conduct an inspection to determine if they are loaded. Don't expect that to automatically happen. Officers generally do traffic stops for one of two reasons: 1) They're performing traffic duties, in which case they want to maximize the number of citations written, or 2) They're looking for criminals to place into jail. If your weapon is lawfully possessed, and there is not indication of deceit in your statement, and no other suggestion of criminality, it's pretty much a waste of my time to search. Additionally, there's kinda an unwritten code that we want to promote candor of the folks we interact with.

If for some reason, you just can't muster an honest reply, then the best thing to say is "Officer, no disrespect intended, but I'm declining to answer. Is there any law that compels me to?" This will avoid the whole "adoptive admissions" issue and will keep you on the best possible terms with the LEO. At the same time, it will prompt the officer to respond that there is no law compelling a reply. There are a few things we can compel a driver to do, but discussing guns with us isn't one of them.

Of course, always make sure your weapons are lawfully possessed and lawfully carried. If you do wind up being improperly arrested by a "one percenter" LEO, you'll want to create the most accurate record for your attorney to deal with. It happens, but happens very rarely.
Thanks Rick. This has worked for me well twice. Carry guns IAW CA law and obey the traffic laws and you have nothing to worry about, IMHO.
Reply With Quote
  #168  
Old 09-01-2014, 11:29 AM
Tincon's Avatar
Tincon Tincon is offline
Mortuus Ergo Invictus
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 5,063
iTrader: 2 / 100%
Default

Quote:
Originally Posted by rlc2 View Post
Thanks Rick. This has worked for me well twice. Carry guns IAW CA law and obey the traffic laws and you have nothing to worry about, IMHO.
Because CA law is so totally clear right?

You have to carry handguns in a secure container, but how secure does it need to be? Is the trunk secure if it has a pass through (which most cars do)? Is a container which is secured to the car a secure container (legal) or a utility compartment (illegal?) Wait, are you in a school zone? YOU SHOULD HAVE KNOWN!

You can't receive or import a large capacity magazine (capable of feeding more than 10 rounds), but what does that mean? If your new 10 round .40 Glock magazine holds 12 9mm rounds, and fits in your 9mm Glock, does that mean you illegally acquired a large capacity magazine? What about a 10 round Beowulf magazine that accepts 30 5.56 rounds? What if all you have is a spring? Is that a "conversion kit?

What if you have a brace that attaches to your gun, or a drop in trigger that has a shorter reset? Are these illegal SBR and machine-gun components?

I could go on and on. The wood in that fancy grip you bought might be from some endangered tree somewhere and evidence of a felony (Lacey Act).

Point is, you can't possibly know all the laws and their potential applications. NO ONE CAN. Go to your local law library and look at the stacks. Most of that could apply to you.

This is why every attorney in America will tell you to SHUT UP and ask for your lawyer, and refuse any searches.
__________________
My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.

Last edited by Tincon; 09-01-2014 at 11:31 AM..
Reply With Quote
  #169  
Old 09-01-2014, 11:56 AM
Maestro Pistolero's Avatar
Maestro Pistolero Maestro Pistolero is offline
Veteran Member
 
Join Date: Apr 2009
Location: Las Vegas
Posts: 3,891
iTrader: 0 / 0%
Default

I tend to agree to the idea of answering no questions. I also think it is critical to the outcome of the interaction with the LEO that the citizen remain calm, as pleasant as possible but asserts his rights in a direct, but non-confrontational manner as possible.

After or during lic/reg/ins, reason for the stop, etc:

"Do you have any guns in the car?"

"With much respect, sir, I'm going to decline to answer that".

"How come?"

"I know you are doing a tough job, and I am not going to be difficult, but I am bit of a civil rights advocate, and I'm going to assert my right decline answering any questions unrelated to the reason you pulled me over in the first place."

"Where are you headed?"

"And that's a perfect example of the kind of question I am declining to answer."

And yes, I fully anticipate being cited for whatever infraction caused the stop in the first place.
__________________
www.christopherjhoffman.com

The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights.
Magna est veritas et praevalebit
Reply With Quote
  #170  
Old 09-01-2014, 1:03 PM
Doheny's Avatar
Doheny Doheny is offline
I need a LIFE!!
 
Join Date: Sep 2008
Location: Prescott, in the pines
Posts: 12,785
iTrader: 3 / 100%
Blog Entries: 1
Default If pulled over with guns in car.....

It was so nice that this thread had been dead for over two months before someone had to revive it.

.
Reply With Quote
  #171  
Old 09-03-2014, 12:17 PM
Coldmonster Coldmonster is offline
Junior Member
 
Join Date: Aug 2014
Posts: 29
iTrader: 0 / 0%
Default

For the 7 years I've been driving I've been pulled over twice. Once for my stereo being way to loud and the other time just for looking suspicious. Both times I was polite to the officer, first time he asked if I new why he pulled my over and I said was it my stereo? He simply stated that was one thing he noticed. Gave me a warning and sent me on my way. Second time my truck was parked at a small town high school while I went with my cousin to colusa. When I got back at 1 am the cop saw me leave so pulled me over to inspect for stolen property. I was polite he asked me a few questions talked about my truck a little bit and sent me on my way. Neither time I was asked for weapons or treated like a criminal. So I personally think if they are asking you that question and you have to come up with a quick answer to get around it you are doing somthing wrong.

Even when my wife got pulled over and opened up the wrong compartment in the overhead consol showing my knife tucked away the officer simply made a quick comment on it she just said I put it there in case we ever need it for somthing. And he went on with the traffic stop and gave her a warning.
Reply With Quote
  #172  
Old 09-07-2014, 9:55 PM
feshar feshar is offline
Junior Member
 
Join Date: Jul 2014
Posts: 41
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Coldmonster View Post
For the 7 years I've been driving I've been pulled over twice. Once for my stereo being way to loud and the other time just for looking suspicious. Both times I was polite to the officer, first time he asked if I new why he pulled my over and I said was it my stereo? He simply stated that was one thing he noticed. Gave me a warning and sent me on my way. Second time my truck was parked at a small town high school while I went with my cousin to colusa. When I got back at 1 am the cop saw me leave so pulled me over to inspect for stolen property. I was polite he asked me a few questions talked about my truck a little bit and sent me on my way. Neither time I was asked for weapons or treated like a criminal. So I personally think if they are asking you that question and you have to come up with a quick answer to get around it you are doing somthing wrong.

Even when my wife got pulled over and opened up the wrong compartment in the overhead consol showing my knife tucked away the officer simply made a quick comment on it she just said I put it there in case we ever need it for somthing. And he went on with the traffic stop and gave her a warning.
attitude is key, Ive had more than my share of interactions with LEO from East to West and I think if your polite then you normally are on your way, personally if I was asked if I have any weapons and I did, I would explain what it is and where it is.
Reply With Quote
  #173  
Old 09-10-2014, 8:12 PM
hedemark20's Avatar
hedemark20 hedemark20 is offline
Member
 
Join Date: Sep 2012
Posts: 186
iTrader: 1 / 100%
Default

In over 25 years of driving I have been pulled over at least 50 times (I had some serious lead foot tendencies when I was younger, lol.) During the course of these numerous traffic stops, not one single solitary time did any officer (CHP, local PD, or Sheriff Deputy) EVER ask me if there were any firearms in my vehicle. Unless your vehicle is plastered with 2A decals, Sig/Glock/S&W stickers, or something similar it is EXTREMELY unlikely you will be asked that. The only reason I can conceive of that you would be asked that is if you are a CCW holder, in which case you're G2G having a weapon loaded & ready to rock anyway. I wholeheartedly believe this question & all of the legalese answers is much ado about nothing.
Reply With Quote
  #174  
Old 09-29-2014, 11:05 AM
Ninety's Avatar
Ninety Ninety is offline
Veteran Member
 
Join Date: Nov 2012
Location: ID
Posts: 4,065
iTrader: 8 / 100%
Default

Quote:
Originally Posted by hedemark20 View Post
In over 25 years of driving I have been pulled over at least 50 times (I had some serious lead foot tendencies when I was younger, lol.) During the course of these numerous traffic stops, not one single solitary time did any officer (CHP, local PD, or Sheriff Deputy) EVER ask me if there were any firearms in my vehicle. Unless your vehicle is plastered with 2A decals, Sig/Glock/S&W stickers, or something similar it is EXTREMELY unlikely you will be asked that. The only reason I can conceive of that you would be asked that is if you are a CCW holder, in which case you're G2G having a weapon loaded & ready to rock anyway. I wholeheartedly believe this question & all of the legalese answers is much ado about nothing.
When was the last time you were pulled over?

Unfortunately there have been numerous threads created and posts made about officers returning to the vehicle and inquiring whether or not the person had their such and such gun on them or in their vehicle b/c the officer ran an apps check on the person and it came back as an owner of firearms.

I have been asked 4 or 5 times if I've had firearms in the vehicle , sometimes its a serious question sometimes its a "do you have any weapons rocket launchers grenades or any other sort of weapons I need to be worried about? " I've been asked by a game warden while out 4 wheeling with a spot light if we had firearms.. I think to make sure we weren't spotlight hunting..

so the question does in deed get asked.. the fact that officers are checking if the person they pulled over owns firearms is concerning to me as well.

I think the best answer is "Sorry officer but I don't discuss the contents of my vehicle " or a "Sorry officer but I'd prefer not to answer any questions that don't pertain to the reason you stopped me."

Go watch the video . Police are law enforcers. Not your friends. If you aren't in control of your vehicle 100% of the time 365 days a year from the moment you bought the thing... then you can never be sure of what is inside of it. Unless of course you have a very very clean car and perform a thorough search of it every time you re enter it after taking your eyes off of it.

I do like Rick's turn around onto the officer asking him if there is any law that compels one to participate in the fishing excursion .. Respectful assertion of ones rights should never make an officer who swore to protect those rights upset. If it does.. maybe he is one of the "1 Percent" Which in CA is probably more like %20
__________________
NRA Member
The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
All that is required for evil to prevail is for good men to do nothing.
-Edmund Burke
I'd much rather go to my grave never needing my gun, than go there wishing I had it.
- Phil Dalmolin

The Battle of Athens was illegal too.
Reply With Quote
  #175  
Old 09-29-2014, 1:36 PM
msgt46270's Avatar
msgt46270 msgt46270 is offline
Member
 
Join Date: Jun 2013
Location: San Diego
Posts: 137
iTrader: 0 / 0%
Default

Agree or disagree, I'm just passing on what he said, so don't beat up on me.

I just asked this question to my friend who is a retired sheriff (Calif). His reply was if you do have weapons in your car to answer “Yes”, if you don’t then “No”. If you do, then he’ll want to make sure you’re following the laws on transporting, run the SN, and just make sure everything is okay and that if it is you’ll be on your way. By letting him know you have it and you did something wrong, like having it loaded, it’s a misdemeanor, but if you told him “No” and he found it, then it becomes a felony, plus lying to a cop.
He said if you answer with anything other than yes or no, you’re just making things worst for yourself and you just gave the cop a reason to look and ask more questions.
Reply With Quote
  #176  
Old 09-29-2014, 1:42 PM
geeknow geeknow is offline
Lifetime Contributor #1
CGN Contributor - Lifetime
 
Join Date: Aug 2007
Location: N/A
Posts: 3,160
iTrader: 14 / 100%
Default

^^ hogwash ^^
Reply With Quote
  #177  
Old 09-29-2014, 2:01 PM
Decoligny's Avatar
Decoligny Decoligny is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Newcastle, OK
Posts: 10,616
iTrader: 0 / 0%
Default

Quote:
Originally Posted by msgt46270 View Post
Agree or disagree, I'm just passing on what he said, so don't beat up on me.

I just asked this question to my friend who is a retired sheriff (Calif). His reply was if you do have weapons in your car to answer “Yes”, if you don’t then “No”. If you do, then he’ll want to make sure you’re following the laws on transporting, run the SN, and just make sure everything is okay and that if it is you’ll be on your way. By letting him know you have it and you did something wrong, like having it loaded, it’s a misdemeanor, but if you told him “No” and he found it, then it becomes a felony, plus lying to a cop.
He said if you answer with anything other than yes or no, you’re just making things worst for yourself and you just gave the cop a reason to look and ask more questions.
Your friend is full of Bovine Excement.

Simply stating that you will not answer any questions may spark your friends interest, and might make him want to look more closely, but it doesn't give him the authority to do anything but look from outside the vehicle. It definitely does not give him authority to do an actual search of the vehicle. As far as asking more questions, what good will that do him.

Q "Do you have any guns in the car?"
A "I decline to answer any question not related to the reason you stopped me."

Q "Are you hiding something?'
A "I decline to answer any question not related to the reason you stopped me."

Q "Why won't you answer any of my questions?"
A "I decline to answer any question not related to the reason you stopped me."

Q "Are you mocking me?"
A "I decline to answer any question not related to the reason you stopped me."
__________________

If you haven't seen it with your own eyes,
or heard it with your own ears,
don't make it up with your small mind,
or spread it with your big mouth.
Reply With Quote
  #178  
Old 09-30-2014, 3:41 AM
meno377's Avatar
meno377 meno377 is offline
小さな女性
CGN Contributor - Lifetime
 
Join Date: Jul 2013
Location: (34.2283° N, 118.5358° W), (33.6700° N, 117.7800° W)
Posts: 4,457
iTrader: 60 / 100%
Default

Quote:
Originally Posted by Decoligny View Post
Your friend is full of Bovine Excement.

Simply stating that you will not answer any questions may spark your friends interest, and might make him want to look more closely, but it doesn't give him the authority to do anything but look from outside the vehicle. It definitely does not give him authority to do an actual search of the vehicle. As far as asking more questions, what good will that do him.

Q "Do you have any guns in the car?"
A "I decline to answer any question not related to the reason you stopped me."

Q "Are you hiding something?'
A "I decline to answer any question not related to the reason you stopped me."

Q "Why won't you answer any of my questions?"
A "I decline to answer any question not related to the reason you stopped me."

Q "Are you mocking me?"
A "I decline to answer any question not related to the reason you stopped me."
And then they will come up with probable cause and search anyways. So with that in mind, what's the point of declining to answer?
__________________
Quote:
Originally Posted by Fjold View Post
I've been married so long that I don't even look both ways when I cross the street.
Quote:
A society that aims for equality before liberty, will end with neither equality nor liberty.
-Milton Friedman


http://www.calguns.net/calgunforum/signaturepics/sigpic164573_1.gif
Reply With Quote
  #179  
Old 10-01-2014, 10:01 PM
datary datary is offline
Junior Member
 
Join Date: Sep 2014
Posts: 11
iTrader: 0 / 0%
Default

Quote:
Originally Posted by meno377 View Post
And then they will come up with probable cause and search anyways. So with that in mind, what's the point of declining to answer?
Being a relatively new gun owner, I'm asking myself the same sorts of questions... what do I stand to gain by declining to answer... what do I stand to lose by answering?

....

I would suppose that declining to answer would be in an effort to avoid a warrantless search/inspection... which could ultimately result in an arrest.

I'm trying very hard to know and follow the law... especially as it relates to firearms. Is it possible that I could be unaware of some new or obscure case law that could get me into trouble? Sure. Could I make a mistake and accidentally have done something illegal? Sure. Is it possible that an uninformed officer could arrest me, even though I'm following the law? Based on stories I've read so far, yes.

So, why would I answer a question, that I'm not required to answer... just to invite a search... a search whose only purpose is to figure out if I am arrestable?

Considering that much of my firearm transport is likely to be while I am on foot, on a bike, or on public transit... will volunteering information about the presence of a firearm invite other questions? Such as... where I'm coming from, where I'm going to, whether I stopped along the way... all of which could be obligatory to answer in order to avoid an arrest.

If an officer develops probable cause to search me, fine. But at least the officer will have the added burden of articulating their probable cause in their report, and defending it in court.

....

On the other hand... what do I stand to gain by answering? Assuming I am following all laws, and the officer agrees... it might make the interaction with the officer shorter in duration. It might make it more friendly or comfortable. But if I get arrested, I will waste a lot of time... I will be very uncomfortable... and I will risk other associated problems (job problems, financial burden, hit to reputation, removal of gun rights, etc.).

....

I'm still trying to figure this question out for myself, and admittedly, I may be wrong on some of the stuff above. Still unanswered for me is whether "declining to answer" can constitute a violation of 25850(b)... refusing to allow inspection of a firearm.

The best advice I've found so far is to do everything I can to avoid these sorts of encounters/questions from coming up in the first place.
Reply With Quote
  #180  
Old 10-03-2014, 1:52 PM
meno377's Avatar
meno377 meno377 is offline
小さな女性
CGN Contributor - Lifetime
 
Join Date: Jul 2013
Location: (34.2283° N, 118.5358° W), (33.6700° N, 117.7800° W)
Posts: 4,457
iTrader: 60 / 100%
Default

Quote:
Originally Posted by datary View Post
Being a relatively new gun owner, I'm asking myself the same sorts of questions... what do I stand to gain by declining to answer... what do I stand to lose by answering?

....

I would suppose that declining to answer would be in an effort to avoid a warrantless search/inspection... which could ultimately result in an arrest.

I'm trying very hard to know and follow the law... especially as it relates to firearms. Is it possible that I could be unaware of some new or obscure case law that could get me into trouble? Sure. Could I make a mistake and accidentally have done something illegal? Sure. Is it possible that an uninformed officer could arrest me, even though I'm following the law? Based on stories I've read so far, yes.

So, why would I answer a question, that I'm not required to answer... just to invite a search... a search whose only purpose is to figure out if I am arrestable?

Considering that much of my firearm transport is likely to be while I am on foot, on a bike, or on public transit... will volunteering information about the presence of a firearm invite other questions? Such as... where I'm coming from, where I'm going to, whether I stopped along the way... all of which could be obligatory to answer in order to avoid an arrest.

If an officer develops probable cause to search me, fine. But at least the officer will have the added burden of articulating their probable cause in their report, and defending it in court.

....

On the other hand... what do I stand to gain by answering? Assuming I am following all laws, and the officer agrees... it might make the interaction with the officer shorter in duration. It might make it more friendly or comfortable. But if I get arrested, I will waste a lot of time... I will be very uncomfortable... and I will risk other associated problems (job problems, financial burden, hit to reputation, removal of gun rights, etc.).

....

I'm still trying to figure this question out for myself, and admittedly, I may be wrong on some of the stuff above. Still unanswered for me is whether "declining to answer" can constitute a violation of 25850(b)... refusing to allow inspection of a firearm.

The best advice I've found so far is to do everything I can to avoid these sorts of encounters/questions from coming up in the first place.
I agree with the immediate statement above in bold. Obviously any of us would probably want to avoid any type of confrontation whether it's a traffic stop or other. My experience comes from the opinion of a good friend who is a LEO and has been for more than 25 years. He basically said to answer the questions truthfully and don't evade or become resistant during that stop. All of us have different opinions just like all of have *%*holes.
__________________
Quote:
Originally Posted by Fjold View Post
I've been married so long that I don't even look both ways when I cross the street.
Quote:
A society that aims for equality before liberty, will end with neither equality nor liberty.
-Milton Friedman


http://www.calguns.net/calgunforum/signaturepics/sigpic164573_1.gif
Reply With Quote
  #181  
Old 10-05-2014, 11:22 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 38,598
iTrader: 4 / 100%
Blog Entries: 6
Default

Another viewpoint from a self-defense specialist lawyer:
http://legalinsurrection.com/2014/10...alk-to-police/
Quote:
Some of you may be familiar with a popular Youtube video entitled “Don’t talk to police.” And by popular, I mean POPULAR; it’s had over 4 million views.

In that video a lawyer makes an energetic argument that you should never talk to the police under any circumstances, ever.

It’s long been my position that this is excellent advice for actual criminals who have caught the attention of the police, but is less suited to those engaging in lawful self-defense.
His video lecture, embedded at the link, is an hour long ...
__________________
No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #182  
Old 10-11-2014, 11:12 PM
Cliffyg123 Cliffyg123 is offline
Junior Member
 
Join Date: Oct 2014
Posts: 34
iTrader: 3 / 100%
Default

I live in Fontana CA, I've lived in San Bernardino, riverside, rancho cucamonga etc. Been stopped several times as I drive for a living, been through several checkpoints. Never once have I felt violated or taken advantage of. I shot a dog with the same 30.06 I have for sale on this forum, I called 911 to report shots fired, a depute showed up, told me I had a nice gun and did the right thing then cited my neighbor and had animal control retrieve the surviving dog from the attack that ran when I killed its buddy. Cops are not your enemy. At least in every instance I've had with them in CA. A law abiding legal gun owner doesn't have jack **** to worry about with the cops.
Reply With Quote
  #183  
Old 10-11-2014, 11:52 PM
Tincon's Avatar
Tincon Tincon is offline
Mortuus Ergo Invictus
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 5,063
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Cliffyg123 View Post
I live in Fontana CA, I've lived in San Bernardino, riverside, rancho cucamonga etc. Been stopped several times as I drive for a living, been through several checkpoints. Never once have I felt violated or taken advantage of. I shot a dog with the same 30.06 I have for sale on this forum, I called 911 to report shots fired, a depute showed up, told me I had a nice gun and did the right thing then cited my neighbor and had animal control retrieve the surviving dog from the attack that ran when I killed its buddy. Cops are not your enemy. At least in every instance I've had with them in CA. A law abiding legal gun owner doesn't have jack **** to worry about with the cops.
I see your anecdote and raise you this video:


Not every cop is an "enemy" but some certainly are. Don't take chances, don't waive your rights.
__________________
My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.
Reply With Quote
  #184  
Old 10-12-2014, 12:05 AM
meno377's Avatar
meno377 meno377 is offline
小さな女性
CGN Contributor - Lifetime
 
Join Date: Jul 2013
Location: (34.2283° N, 118.5358° W), (33.6700° N, 117.7800° W)
Posts: 4,457
iTrader: 60 / 100%
Default

Quote:
Originally Posted by Cliffyg123 View Post
I live in Fontana CA, I've lived in San Bernardino, riverside, rancho cucamonga etc. Been stopped several times as I drive for a living, been through several checkpoints. Never once have I felt violated or taken advantage of. I shot a dog with the same 30.06 I have for sale on this forum, I called 911 to report shots fired, a depute showed up, told me I had a nice gun and did the right thing then cited my neighbor and had animal control retrieve the surviving dog from the attack that ran when I killed its buddy. Cops are not your enemy. At least in every instance I've had with them in CA. A law abiding legal gun owner doesn't have jack **** to worry about with the cops.
+1000
__________________
Quote:
Originally Posted by Fjold View Post
I've been married so long that I don't even look both ways when I cross the street.
Quote:
A society that aims for equality before liberty, will end with neither equality nor liberty.
-Milton Friedman


http://www.calguns.net/calgunforum/signaturepics/sigpic164573_1.gif
Reply With Quote
  #185  
Old 10-12-2014, 11:48 PM
Tincon's Avatar
Tincon Tincon is offline
Mortuus Ergo Invictus
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 5,063
iTrader: 2 / 100%
Default

A great story about a guy who was doing "nothing wrong" and decided to be honest: http://blogs.villagevoice.com/runnin...aw-arrests.php
__________________
My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.
Reply With Quote
  #186  
Old 10-13-2014, 1:14 AM
meno377's Avatar
meno377 meno377 is offline
小さな女性
CGN Contributor - Lifetime
 
Join Date: Jul 2013
Location: (34.2283° N, 118.5358° W), (33.6700° N, 117.7800° W)
Posts: 4,457
iTrader: 60 / 100%
Default

Quote:
Originally Posted by Tincon View Post
A great story about a guy who was doing "nothing wrong" and decided to be honest: http://blogs.villagevoice.com/runnin...aw-arrests.php
There will always be exceptions to the norm. That's why something like this makes it to the media. It's an exception.
__________________
Quote:
Originally Posted by Fjold View Post
I've been married so long that I don't even look both ways when I cross the street.
Quote:
A society that aims for equality before liberty, will end with neither equality nor liberty.
-Milton Friedman


http://www.calguns.net/calgunforum/signaturepics/sigpic164573_1.gif
Reply With Quote
  #187  
Old 10-13-2014, 7:32 AM
Sniper3142's Avatar
Sniper3142 Sniper3142 is offline
Veteran Member
 
Join Date: May 2004
Location: Tustin, CA
Posts: 2,528
iTrader: 0 / 0%
Default

I'm still AMAZED that folks just don't get this.

If a Cop asks to see what's in your vehicle, bag, pack, or case; they are LOOKING for something to charge or arrest you for! They are not checking out the clean carpet & interior of your vehicle. They are not looking to see how great a job you did organizing your bag or pack. They are not looking to see how awesomely clean you keep your vehicles trunk.

If your firearm is being transported Legally (has it should be) then you should have nothing to fear from telling a cop about it. But in reality, there are cops that DO NOT actually Know the Law (seems that for Cops, ignorance IS an excuse). So what is actually Legal (like having a loaded magazine in the same locked case as a firearm) might get you arrested.

SO WHY RISK THIS BY VOLUNTEERING INFORMATION?!?

Every time an officer asks to look into a container or object, they are looking for a violation of the law or an illegal object (other then a persons clothing or what they are wearing... those searches actually usually are for officer safety).

So unless you want to help the officer go fishing for something illegal with which to charge you with... JUST SAY NO. Do not volunteer information or allow any searches you don't have to.
__________________
Internet Talk is Cheap

Man Up, Show Up, or Shut the @#$! Up.

https://www.youtube.com/watch?v=C74HgbjSCLM
Reply With Quote
  #188  
Old 10-13-2014, 9:51 AM
Tincon's Avatar
Tincon Tincon is offline
Mortuus Ergo Invictus
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 5,063
iTrader: 2 / 100%
Default

Quote:
Originally Posted by meno377 View Post
There will always be exceptions to the norm. That's why something like this makes it to the media. It's an exception.
It's funny, all those "exceptions" sure do keep a lot of lawyers in business. I've seen hundreds of people go to jail and get convicted because they decided to "be helpful," both working the defense side and during my time as a cop. Your point of view is hopelessly naive.
__________________
My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.
Reply With Quote
  #189  
Old 10-13-2014, 9:56 AM
meno377's Avatar
meno377 meno377 is offline
小さな女性
CGN Contributor - Lifetime
 
Join Date: Jul 2013
Location: (34.2283° N, 118.5358° W), (33.6700° N, 117.7800° W)
Posts: 4,457
iTrader: 60 / 100%
Default

Quote:
Originally Posted by Tincon View Post
It's funny, all those "exceptions" sure do keep a lot of lawyers in business. I've seen hundreds of people go to jail and get convicted because they decided to "be helpful," both working the defense side and during my time as a cop. Your point of view is hopelessly naive.
It's funny that I never said "be helpful" those are your words, not mine. And the fact stands that the article is an exception.
__________________
Quote:
Originally Posted by Fjold View Post
I've been married so long that I don't even look both ways when I cross the street.
Quote:
A society that aims for equality before liberty, will end with neither equality nor liberty.
-Milton Friedman


http://www.calguns.net/calgunforum/signaturepics/sigpic164573_1.gif

Last edited by meno377; 10-13-2014 at 10:09 AM..
Reply With Quote
  #190  
Old 10-13-2014, 10:27 AM
Tincon's Avatar
Tincon Tincon is offline
Mortuus Ergo Invictus
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 5,063
iTrader: 2 / 100%
Default

Quote:
Originally Posted by meno377 View Post
It's funny that I never said "be helpful" those are your words, not mine.
Again, as a former cop and as someone who has worked the defense side, being helpful the prosecution is exactly what you are doing when you waive all your rights.

Quote:
Originally Posted by meno377 View Post
And the fact stands that the article is an exception.
Is that based on research, your personal experience, or is it just your general happy feelings about the universe?
__________________
My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.
Reply With Quote
  #191  
Old 10-13-2014, 10:34 AM
meno377's Avatar
meno377 meno377 is offline
小さな女性
CGN Contributor - Lifetime
 
Join Date: Jul 2013
Location: (34.2283° N, 118.5358° W), (33.6700° N, 117.7800° W)
Posts: 4,457
iTrader: 60 / 100%
Default

Quote:
Originally Posted by Tincon View Post
Again, as a former cop and as someone who has worked the defense side, being helpful the prosecution is exactly what you are doing when you waive all your rights.



Is that based on research, your personal experience, or is it just your general happy feelings about the universe?
Where did I say in my replies on this thread to "waive all your rights?

And to your question, neither.
__________________
Quote:
Originally Posted by Fjold View Post
I've been married so long that I don't even look both ways when I cross the street.
Quote:
A society that aims for equality before liberty, will end with neither equality nor liberty.
-Milton Friedman


http://www.calguns.net/calgunforum/signaturepics/sigpic164573_1.gif
Reply With Quote
  #192  
Old 10-13-2014, 10:36 AM
SVT-40's Avatar
SVT-40 SVT-40 is offline
Calguns Addict
 
Join Date: Jan 2008
Location: Az
Posts: 9,373
iTrader: 31 / 100%
Default

Quote:
Originally Posted by Tincon View Post

Not every cop is an "enemy" but some certainly are. Don't take chances, don't waive your rights.
Turn that around... and how does it sound???



"Not every gun owner is an "enemy" but some certainly are. Don't take chances.
__________________
Poke'm with a stick!


Quote:
Originally Posted by fiddletown View Post
What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.
Reply With Quote
  #193  
Old 10-13-2014, 10:41 AM
Tincon's Avatar
Tincon Tincon is offline
Mortuus Ergo Invictus
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 5,063
iTrader: 2 / 100%
Default

Quote:
Originally Posted by SVT-40 View Post
Turn that around... and how does it sound???

"Not every gun owner is an "enemy" but some certainly are. Don't take chances.
Sounds fine. The difference is, the detainee has the option of waiving his rights or not, you don't have the option of violating them. If you can't do your job without violating the rights of citizens, find another job.
__________________
My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.
Reply With Quote
  #194  
Old 10-13-2014, 10:41 AM
Tincon's Avatar
Tincon Tincon is offline
Mortuus Ergo Invictus
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 5,063
iTrader: 2 / 100%
Default

Quote:
Originally Posted by meno377 View Post
It's funny that I never said "be helpful" those are your words, not mine. And the fact stands that the article is an exception.
Another "exception": http://benswann.com/exclusive-air-fo...ns-speaks-out/
__________________
My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.
Reply With Quote
  #195  
Old 10-13-2014, 10:44 AM
Tincon's Avatar
Tincon Tincon is offline
Mortuus Ergo Invictus
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 5,063
iTrader: 2 / 100%
Default

Yet another "exception": http://www.republicmagazine.com/vide...a-firearm.html

I could post these all day, but I guess you will just say they are all "exceptions." Since I don't know if I'm dealing with an "exceptional" officer or not when I get pulled over, I think I'll continue to reserve all my rights.
__________________
My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.
Reply With Quote
  #196  
Old 10-13-2014, 10:58 AM
taperxz taperxz is offline
I need a LIFE!!
 
Join Date: Feb 2010
Location: USA
Posts: 16,974
iTrader: 15 / 100%
Default

For all those out there that WANT to be helpful with LE, the next time an LEO pulls you over with your wife or girlfriend and asks you if her breasts are real or implants, go ahead and be helpful and let him check em out. You really want that officer to know don't you?
Reply With Quote
  #197  
Old 10-13-2014, 11:01 AM
meno377's Avatar
meno377 meno377 is offline
小さな女性
CGN Contributor - Lifetime
 
Join Date: Jul 2013
Location: (34.2283° N, 118.5358° W), (33.6700° N, 117.7800° W)
Posts: 4,457
iTrader: 60 / 100%
Default

Quote:
Originally Posted by Tincon View Post
You're comparing a decorated Air Force veteran with at least a $120,000 budget per year for purchasing firearms and other related equipment to the general public? LOL I will bet he was under the radar the whole time considering what his profession was and purchasing all the civilian equipment used for his teachings. LOL Yea your average person has a budget of $120,000 and is able to access parts to "modify an AR-15 platform rifle to replace the outdated MP-5 sub-machine guns that protective service officers currently use in the field." LOL

Definitely an exception. LOL
__________________
Quote:
Originally Posted by Fjold View Post
I've been married so long that I don't even look both ways when I cross the street.
Quote:
A society that aims for equality before liberty, will end with neither equality nor liberty.
-Milton Friedman


http://www.calguns.net/calgunforum/signaturepics/sigpic164573_1.gif

Last edited by meno377; 10-13-2014 at 1:42 PM..
Reply With Quote
  #198  
Old 10-13-2014, 11:11 AM
meno377's Avatar
meno377 meno377 is offline
小さな女性
CGN Contributor - Lifetime
 
Join Date: Jul 2013
Location: (34.2283° N, 118.5358° W), (33.6700° N, 117.7800° W)
Posts: 4,457
iTrader: 60 / 100%
Default

Quote:
Originally Posted by Tincon View Post
Yet another "exception": http://www.republicmagazine.com/vide...a-firearm.html

I could post these all day, but I guess you will just say they are all "exceptions." Since I don't know if I'm dealing with an "exceptional" officer or not when I get pulled over, I think I'll continue to reserve all my rights.
Yes and this one probably has "baited" officers in the past and he is probably well known throughout the local LE agencies.
__________________
Quote:
Originally Posted by Fjold View Post
I've been married so long that I don't even look both ways when I cross the street.
Quote:
A society that aims for equality before liberty, will end with neither equality nor liberty.
-Milton Friedman


http://www.calguns.net/calgunforum/signaturepics/sigpic164573_1.gif

Last edited by meno377; 10-13-2014 at 11:21 AM..
Reply With Quote
  #199  
Old 10-13-2014, 11:25 AM
Sniper3142's Avatar
Sniper3142 Sniper3142 is offline
Veteran Member
 
Join Date: May 2004
Location: Tustin, CA
Posts: 2,528
iTrader: 0 / 0%
Default

Quote:
Originally Posted by meno377 View Post
Yes and this one probably has "baited" officers in the past and he is probably well known.
And you come to that conclusion HOW?!?

Oh... that's right. He's a person who isn't a cop. He's also seen and recorded what he believed was past LEO misconduct. So he must have somehow "baited" or brought on this attack by LEOs by doing something wrong.



Keep on holding that "Thin Blue Line".
__________________
Internet Talk is Cheap

Man Up, Show Up, or Shut the @#$! Up.

https://www.youtube.com/watch?v=C74HgbjSCLM
Reply With Quote
  #200  
Old 10-13-2014, 11:34 AM
thomashoward's Avatar
thomashoward thomashoward is offline
In Memoriam
 
Join Date: Jan 2009
Location: Sonoma County
Posts: 2,001
iTrader: 72 / 100%
Default

Don't be cute. Answer questions honestly. Don't volunteer anything. If they want to see them they will ask
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 3:20 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.