What exactly are you required to tell the police in relation to firearms?

[TonyNorCal]

Traffic stop and the police in one's home threads come about with regularity...

And, as we all know, the police might arrive at your home for any number of reasons...accident, false-positive 911 call, looking for a fugitive from a local crime, etc.

And of course a traffic stop can happen anywhere for any reason.

Now, obviously if the police arrive at your home, the best thing to do is respectfully decline them entry. But apparently sometimes they can enter regardless.

So here's the question...

If in any of the above circumstances the police ask about firearms are you legally required to answer affirmatively?

i.e. Do you have any weapons in the vehicle? Are there any firearms on the premises?

Are you legally obligated to...

1.) answer
2.) show them

~~~~

And of course it goes without saying that one should be organized (have copies of any registration papers, etc.) and one should have an understanding of the law (such as 12276.1 'characteristics) such that all your firearms are lgeally configured at all times.

[JPglee1]

My advice: Don't listen to what people tell you on the internet...

I would suggest not ever offering up any information, if they can't see it don't say its there. Don't LIE, just don't answer.

Lying will screw you, not answering is your right.


J

[TonyNorCal]

Yes it goes without saying that one shouldn't take actual legal advice from anyone on this forum unless they're a well-regarded attorney with firearms experience. Or maybe it does bear saying again .

This is just a general discussion question.

So you would simply ignore their question?

[krim]

i've never had any problems w/ LE. Everything i have is legal.

i've been pulled over for doing a faster-than-i-should've left turn. they asked if there was anything in the car they should know about. I said, OC spray and a serated knife in the center armrest and an ar-15 in the trunk. they asked if they could search. I said go ahead, but make it quick cause i had to get home and sleep for a double shift. they poked around while i sat on the sidewalk. they asked if i they could open the rifle case, i said sure. they looked at the rifle, said "That's a nice one, wish we could customize ours." closed the case and wished me a good night.

2nd time, got hit by a semi. CHP office asked if i was alright, i said yes and i hoped my rifle was okay. he said I hope so too, got me over to the shoulder and off the freeway, called for a flatbed. Used a crowbar to get my trunk open, put my rifle in his trunk for safe keeping. filled out the paperwork for the accident and took me and my rifle home.

imho, if you aren't doing something wrong and you're upfront w/ the officer they're generally not going to hassel you.

YMMV.

[metalhead357]

No legal advice here,
that said.

A cop may only detain you to determin who you are. ANYTHING beyond that could be construed as unreasonable in some courts. It would play out differently whether you're on the street in your car or at your house but simple rule is........

You are NOT required to provide cops with any info other than your identification. ANY other questions involved CAN BE ASKED AND ANSWERED in the presence of an attorney. I'd use that right.

First thing a lawyer is going to ask, and you should to- "AM I UNDER investigation for something?" if the answer is YES, you have the right to an attorney, if they say no (and they can lie.....) then you are under NO legal obligation to answer any questions. PERIOD. (but there ARE drawbacks to this approach)


BUTTTTTTTTTTTTTTTT all that said you jeapordize a couple hours of your life while your non coopering butt DOES get hauled downtown for the phone call to the lawyer, subsequent wait, etc. Allotta hassle and grief over a couple questions.

You're on your own if/when it comes to "peeking" into your safe. Personally I'd tell them to pound dirt without a search warrent. And failing to cooperate with a police investigation is not probable cause to search your house...........and/or your safe unless yerrrr' big mouth has given them some indication that there might actually be something other than 100% legitimately owed and 100% legitimate stuff in said safe.


(edit)
The last above was for a home. IF you are pulled over and admit to having a gun...THAT IS an Absolute ok for the cop to do a custodial safety search to determine that the weapon is in fact being transported legally and not loaded (for a Non CCW)

I aint a lawyer, but I Did one once on a TV so take the free advice as just that...free; and go talk to a real attorney!!!!!!!!

[JPglee1]

Originally Posted by metalhead357

You're on your own if/when it comes to "peeking" into your safe. Personally I'd tell them to pound dirt without a search warrent. And failing to cooperate with a police investigation is not probable cause to search your house...........and/or your safe unless yerrrr' big mouth has given them some indication that there might actually be something other than 100% legitimately owed and 100% legitimate stuff in said safe.


I aint a lawyer, but I Did one once on a TV so take the free advice as just that...free; and go talk to a real attorney!!!!!!!!

I agree... cars are a whole other issue cuz officer safety comes into play... In your home I'd definitely refuse any search w/out a warrant.

Its not so easy in a car...you get the standard "If you're not guilt why can't I search" line...

I would counter with the "I'm late for work, you can follow me to my office and search all you want, but I don't have time to be doing this on the side of the road when you don't have any probable cause of me doing anything illegal. Im more than happy to accomodate your request if you follow me"

Its worked before If they feel they can legally search w/out consent they WILL DO SO without asking you if they can...remember that.


J

[Shane916]

If you have nothing to hide then why not allow the officer to search?

[hawk1]

Originally Posted by Shane916

If you have nothing to hide then why not allow the officer to search?

Wow! Only in America.... I hope you were joking...

[1911_sfca]

Originally Posted by hawk1

Wow! Only in America.... I hope you were joking...

Other way around - it's only in America you would even think of telling an officer "NO" when he asks to search your vehicle on a traffic stop.

[hoffmang]

There are two easy options.

1. "Officer, I'd love to but my lawyer has made me promise to never consent to a search. I'm sure you'll understand."

2. "Officer, can you tell me again why you've pulled me over?" (Answer his question with a question.)

-Gene