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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #121  
Old 02-23-2013, 12:28 AM
Thedarkgander Thedarkgander is offline
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This is a long video, but I've got to say. Every time I think of this discussion, I think of - and often go back and just watch this video.

http://www.youtube.com/watch?v=6wXkI4t7nuc

You never say anything to the police.

Watch the video, it's EXCELLENT on the topic.
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  #122  
Old 02-23-2013, 12:37 AM
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I always say "NO" officer with command presence, regardless of my trunk having guns in it.
So far they have said "OK" and finished their ticket writing. Happened 2-3 times in the last 10+ years.
If you look and sound squared away, and stay respectful, and give them no reason, they will get their job done without searching anything.
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  #123  
Old 02-23-2013, 12:40 AM
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Quote:
Originally Posted by otteray View Post
I got my California Motor Vehicle License in 1966, drive just about every day and have never been asked by a cop about firearms in all those many years. You worry too much. Follow the rules of the road, drive defensively, keep your vehicle in tip top shape and you should have an uneventful lifetime of driving.
THAT'S the definitive answer! Thank you!

Based on some of the comments here I have to wonder what the posters and their vehicles look like?
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  #124  
Old 02-23-2013, 5:59 AM
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Being in ride-alongs, if there is anyone in the car who has probation or parole, then everyone in the vehicle is subject to search unless there is a no search clause in the terms of probation/parole.

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Originally Posted by epilepticninja View Post
There was a thread on this very subject about two weeks ago. Use the search feature. And you can answer whatever you want, because unless there is probable cause, a search incident to arrest, or an inventory of the vehicle prior to towing, they can't search your vehicle. Now if you give them permission, or they have a search warrant, you're forked.
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  #125  
Old 02-23-2013, 6:07 AM
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  #126  
Old 02-23-2013, 6:20 AM
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Just say, "Oh rats, they are in the ex-wifes car",,,, with a smile.
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  #127  
Old 02-23-2013, 9:09 AM
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Quote:
Originally Posted by bsumoba View Post
LEO asks you if you have firearms in the car? possible answers:
1) yes, and they are properly stored and secured
2) yes...
3) .......(chirp, chirp...)

i already know the answer to, "can we search your vehicle?" The answer to this is "i don't consent to searches."

But, if you answer the question of firearms in your vehicle as #1, #2, or #3, which could give LEO the right to search the vehicle, if any at all?

just want to be prepared...
The correct answer is "No", unless you have one in open sight. If you have gun cases and he asks what are in those you just respond "personal property" and "Why did you pull me over?". If he continues to ask what is in the cases you respond with "Am I free to go?".
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  #128  
Old 02-23-2013, 9:10 AM
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I guess you could always just tell them "No, but, see that drone I have flying overhead "

Or, but I wouldn't recommend it, you could whip out your pecker and say "You're damn right, I'm packing some serious heat here"...he might disagree with you on that though
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  #129  
Old 02-23-2013, 9:34 AM
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Answer is 'No". Always. No matter what. But you have to sell it. The keys are
1) Don't look like a criminal
2)Respond in a definitive tone and without pause.
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  #130  
Old 02-23-2013, 9:49 AM
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Quote:
Originally Posted by Ralgha View Post
Your logic is flawed. The trunk is part of the car; therefore, anything in the trunk is in the car. There can be things in the car that are not in the trunk.

Sent from my Galaxy Nexus that ate your iPhone.
Logic is flawed only by your interpretation of 'in the car'.
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  #131  
Old 02-23-2013, 10:07 AM
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"No sir"
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  #132  
Old 02-23-2013, 10:09 AM
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Quote:
Originally Posted by North Bay Guy View Post
I've never been asked about firearms in my car. When ever I'm pulled over the officer always seem relieved to see a young white guy, dressed nice, short fade hair cut, hands on the wheel and polite additude. The last 4/5 times I got pulled over I was let off with a warning. Somehow CHP's always let me go with a warning. I really like those guys.
You didn't know that most of them are gay, did you Opie?
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  #133  
Old 02-23-2013, 10:21 AM
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The answer is flatly "No". If they search anyway, then the answer to "Why did you lie" is: "I assumed you meant illegal guns, because otherwise, it would have been none of your business."

Another fun question:

"Do you have anything illegal in your car/ anything you don't want me to find?"

Answer: "What are you looking for, maybe I can help?".
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  #134  
Old 02-23-2013, 11:10 AM
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Quote:
Originally Posted by Blake760 View Post
Answer is 'No". Always. No matter what. But you have to sell it. The keys are
1) Don't look like a criminal
2)Respond in a definitive tone and without pause.
Hey by the way, what DO criminals look like. I've been burglarized numerous times and I'd really like to track those bastards down.
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  #135  
Old 02-23-2013, 11:17 AM
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Quote:
Originally Posted by Thedarkgander View Post
Hey by the way, what DO criminals look like. I've been burglarized numerous times and I'd really like to track those bastards down.

...
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Put you link where your opinion is.
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  #136  
Old 02-23-2013, 12:47 PM
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Quote:
Originally Posted by North Bay Guy View Post
I've never been asked about firearms in my car. When ever I'm pulled over the officer always seem relieved to see a young white guy, dressed nice, short fade hair cut, hands on the wheel and polite additude. The last 4/5 times I got pulled over I was let off with a warning. Somehow CHP's always let me go with a warning. I really like those guys.
Red flag...
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  #137  
Old 02-23-2013, 12:52 PM
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I have been asked that once by an officer of the law. I simply answered "suck it easy pig" and sped off. Problem solved.
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  #138  
Old 02-23-2013, 1:18 PM
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Quote:
Originally Posted by Maestro Pistolero View Post
The answer is flatly "No". If they search anyway, then the answer to "Why did you lie" is: "I assumed you meant illegal guns, because otherwise, it would have been none of your business."

Another fun question:

"Do you have anything illegal in your car/ anything you don't want me to find?"

Answer: "What are you looking for, maybe I can help?".
"Why do you ask"- is a good response question, but lieing to a LEO is not a good idea unless you are willing to take the consequences.
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  #139  
Old 02-23-2013, 1:28 PM
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Quote:
Originally Posted by TeddyBallgame View Post
Or, but I wouldn't recommend it, you could whip out your pecker and say "You're damn right, I'm packing some serious heat here"...he might disagree with you on that though
Your problems may be just beginning if he decides to check whether or not it's loaded.
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  #140  
Old 02-23-2013, 1:56 PM
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Guys and Gals- First of all, I'm a peace officer here in the Golden State and I believe in the 2nd Amendment just as passionately as you, maybe even more. I truly wish CA was a shall issue CCW state. The burden should be on the state to show why it has the ability to deprive you of a right. It's wrong that, unlike me who can carry 24/7, other responsible citizens can not carry to protect their family or others. BUT, that's not how it is in CA unfortunately. So I'm going to offer another suggestion. It doesn't guarantee success and it won't always work. BUT IT WILL HELP. If nothing else it's not going to hurt. Remember, cops are human too and, right or wrong, we make judgements based on appearances and perceptions. So make sure to present yourself as the responsible, good member of society that you are. Keep your vehicle clean and well maintained. Keep yourself well groomed and put together. I don't mean you have to wear a coat and tie. But if you're wearing jeans and a T shirt, wear jeans that only have the dirt on them from that day. Wear a T shirt that isn't full of holes. Get to know your local barber and dentist and see them on a regular basis. Wash your boots regularly and put a bit of oil on them or buy new tennis shoes when your current pair are getting worn out. Don't let that crack in your windshield or tail light go unrepaired. It makes you look sloppy. I know, you shouldn't have to do all this just because you have a gun on you or in your car but I'm telling you it makes a big difference in the couple of seconds a cop has to evaluate you or to decide whether or not to even pull you over. Don't give them a reason to be suspicious and think you're a dirt ball. In fact, be friendly by waving as you pass an officer. SMILE! If I see a well-groomed person that waves and smiles at me, I usually think Hmmm... He must be an off-duty cop. If you see an officer out and about, thank him/her for their service. Lastly, be involved in your community in ways beyond the average person. Help out with Rotary, volunteer at your child's school, 4-H, church, other civic groups, etc... I can tell you right now that if you are arrested for CCW, the D.A., the judge and the jury trial that you need to insist on is mostly going to look at your intent and what type of person you are in our society. If you come across as a dirt ball, that's what they will likely treat you as also.

Last edited by 2ndAmendmentCop; 02-23-2013 at 2:01 PM..
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  #141  
Old 02-23-2013, 2:02 PM
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Guys and Gals- First off all, I'm a peace officer here in the Golden State and I believe in the 2nd Amendment just as passionately as you, maybe even more. I truly wish CA was a shall issue CCW state. The burden should be on the state to show why it has the ability to deprive you of a right. It's wrong that, unlike me who can carry 24/7, other responsible citizens can not carry to protect your family or others. BUT, that's not how it is in CA unfortunately. So I'm going to offer another suggestion. It doesn't guarantee success and it won't always work. BUT IT WILL HELP. If nothing else it's not going to hurt. Remember, cops are human too and, right or wrong, we make judgements based on appearances and perceptions. So make sure to present yourself as the responsible, good member of society that you are. Keep your vehicle clean and well maintained. Keep yourself well groomed and put together. I don't mean you have to wear a coat and tie. But if you're wearing jeans and a T shirt, wear jeans that only have the dirt on them from that day. Wear a T shirt that isn't full of holes. Get to know your local barber and dentist and see them on a regular basis. Wash your boots regularly and put a bit of oil on them or buy new tennis shoes when your current pair are getting worn out. Don't let that crack in your windshield or tail light go unrepaired. I know, you shouldn't have to do all this just because you have a gun on you or in your car but I'm telling you it makes a big difference in the couple of seconds a cop has to evaluate you or to decide whether or not to even pull you over. Don't give them a reason to be suspicious and think you're a dirt ball. In fact, be friendly by waving as you pass an officer. SMILE! If you see an officer out and about, thank him/her for their service. Lastly, be involved in your community in ways beyond the average person. Help out with Rotary, volunteer and your child's school, 4-H, church, etc... I can tell you right now that if you are arrested for CCW, the D.A., the judge and the jury trial that you need to insist on is mostly going to look at your intent and what type of person you are in our society. If you come across as a dirt ball, that's what they will likely treat you as also.
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  #142  
Old 02-23-2013, 2:26 PM
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You have nothing to hide, do you?
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  #143  
Old 02-23-2013, 2:33 PM
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Quote:
Originally Posted by otteray View Post
I got my California Motor Vehicle License in 1966, drive just about every day and have never been asked by a cop about firearms in all those many years. You worry too much. Follow the rules of the road, drive defensively, keep your vehicle in tip top shape and you should have an uneventful lifetime of driving.
As a retired police officer I couldn't agree more. I find it almost comical how much discussion there is about how to answer a question. Here's a quick rule of thumb from my perspective; If you aren't violating any law try the truth. It's usually works out in your favor. If you are violating the law then, by all means, go ahead and lie. Lie your *** off. It might work out in your favor, it might not. But remember also that cops hate liars. I've seen a multitude of people worse off because of the lie they told. Finally, please know that when you say something like "I will not answer questions, I won't consent to blah, blah, blah" a sign above your head that says "douchebag" lights up. Again, maybe it works out for you but in my experience you're just giving the guy some added motivation to make you regret saying it.
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  #144  
Old 02-23-2013, 3:08 PM
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Quote:
Originally Posted by JohnCCW View Post
"Why do you ask"- is a good response question, but lieing to a LEO is not a good idea unless you are willing to take the consequences.
Telling the truth can have bad consequences too. A friend said yes once and the officer drew his gun and got agitated... even though it was locked up / legal... IMO it's my own version of 'probable cause' to not tell the truth... if I got caught; I'll explain it. Telling the truth could be dangerous and you shouldn't even be asking...
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  #145  
Old 02-23-2013, 5:54 PM
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I do not think I would have pushed the issue in quite the same manner ...

http://www.mrconservative.com/2013/0...is-gun-rights/
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  #146  
Old 02-23-2013, 6:03 PM
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Quote:
Originally Posted by otteray View Post
I got my California Motor Vehicle License in 1966, drive just about every day and have never been asked by a cop about firearms in all those many years. You worry too much. Follow the rules of the road, drive defensively, keep your vehicle in tip top shape and you should have an uneventful lifetime of driving.
Good advice. But even if you do have firearms in the vehicle, so what? Aren't you allowed to transport your gun in California?
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  #147  
Old 02-23-2013, 6:13 PM
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Do you have any weapons in the vehicle?... No, But I have donuts... would you like one?
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  #148  
Old 02-23-2013, 6:28 PM
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Quote:
Originally Posted by bluesmoke9 View Post
As a retired police officer I couldn't agree more. I find it almost comical how much discussion there is about how to answer a question. Here's a quick rule of thumb from my perspective; If you aren't violating any law try the truth. It's usually works out in your favor. If you are violating the law then, by all means, go ahead and lie. Lie your *** off. It might work out in your favor, it might not. But remember also that cops hate liars. I've seen a multitude of people worse off because of the lie they told. Finally, please know that when you say something like "I will not answer questions, I won't consent to blah, blah, blah" a sign above your head that says "douchebag" lights up. Again, maybe it works out for you but in my experience you're just giving the guy some added motivation to make you regret saying it.
Bingo!

Too many here seem to take delight in outlining exactly how they would act like douche-bags if they were pulled over.
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  #149  
Old 02-23-2013, 6:37 PM
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I dont see why i should fear backlash from law enforcement for refusing to answer their questions. The moment we fear exercising our rights because of the police, we give them up.
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  #150  
Old 02-23-2013, 6:49 PM
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Originally Posted by 2ndAmendmentCop View Post
Guys and Gals- First of all, I'm a peace officer here in the Golden State and I believe in the 2nd Amendment just as passionately as you, maybe even more. I truly wish CA was a shall issue CCW state. The burden should be on the state to show why it has the ability to deprive you of a right. It's wrong that, unlike me who can carry 24/7, other responsible citizens can not carry to protect their family or others. BUT, that's not how it is in CA unfortunately. So I'm going to offer another suggestion. It doesn't guarantee success and it won't always work. BUT IT WILL HELP. If nothing else it's not going to hurt. Remember, cops are human too and, right or wrong, we make judgements based on appearances and perceptions. So make sure to present yourself as the responsible, good member of society that you are. Keep your vehicle clean and well maintained. Keep yourself well groomed and put together. I don't mean you have to wear a coat and tie. But if you're wearing jeans and a T shirt, wear jeans that only have the dirt on them from that day. Wear a T shirt that isn't full of holes. Get to know your local barber and dentist and see them on a regular basis. Wash your boots regularly and put a bit of oil on them or buy new tennis shoes when your current pair are getting worn out. Don't let that crack in your windshield or tail light go unrepaired. It makes you look sloppy. I know, you shouldn't have to do all this just because you have a gun on you or in your car but I'm telling you it makes a big difference in the couple of seconds a cop has to evaluate you or to decide whether or not to even pull you over. Don't give them a reason to be suspicious and think you're a dirt ball. In fact, be friendly by waving as you pass an officer. SMILE! If I see a well-groomed person that waves and smiles at me, I usually think Hmmm... He must be an off-duty cop. If you see an officer out and about, thank him/her for their service. Lastly, be involved in your community in ways beyond the average person. Help out with Rotary, volunteer at your child's school, 4-H, church, other civic groups, etc... I can tell you right now that if you are arrested for CCW, the D.A., the judge and the jury trial that you need to insist on is mostly going to look at your intent and what type of person you are in our society. If you come across as a dirt ball, that's what they will likely treat you as also.
I was absolutely positive that you weren't a cop until I got to the part where you suggest that we should thank you guys for your "service."
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  #151  
Old 02-23-2013, 6:50 PM
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I typically drive around with spent brass (from the day @ the range) spread out on the car seats + floor board. Also wear a t-shirt "Nuke em till they glow" and blast metallica thru my Audivox sound system.

Officer pulls me over and asks about weapons? I would reply-
"Just left Anger management meeting and now heading to take care of those who made me angry" =)
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  #152  
Old 02-23-2013, 6:57 PM
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Originally Posted by bluesmoke9 View Post
As a retired police officer I couldn't agree more. I find it almost comical how much discussion there is about how to answer a question. Here's a quick rule of thumb from my perspective; If you aren't violating any law try the truth. It's usually works out in your favor. If you are violating the law then, by all means, go ahead and lie. Lie your *** off. It might work out in your favor, it might not. But remember also that cops hate liars. I've seen a multitude of people worse off because of the lie they told. Finally, please know that when you say something like "I will not answer questions, I won't consent to blah, blah, blah" a sign above your head that says "douchebag" lights up. Again, maybe it works out for you but in my experience you're just giving the guy some added motivation to make you regret saying it.
Implying that the guy on his way to work refusing to give an autobiography on the side of a road is the douchebag in this situation.

LEOs' sense of entitlement and elitism is astonishing.
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  #153  
Old 02-23-2013, 7:11 PM
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Quote:
Originally Posted by speleogist View Post
Implying that the guy on his way to work refusing to give an autobiography on the side of a road is the douchebag in this situation.

LEOs' sense of entitlement and elitism is astonishing.
Entitlement and elitism have been my experience in EVERY situation I've been involved in regarding firearms and LEOs. I know not every cop is like that, but the badge, gun, and flashing lights are an awful lot of power, and power corrupts.

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  #154  
Old 02-23-2013, 7:34 PM
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whats wrong with just saying yes. if its not stolen or stored properly, whats the problem.
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Old 02-23-2013, 7:46 PM
anthonyca anthonyca is offline
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Originally Posted by onthehunt View Post
whats wrong with just saying yes. if its not stolen or stored properly, whats the problem.
Some LEOs and many agencies are very anti gun. There is an illegal law in California called an E check where the cops can check to see if the gun is unloaded. There are many documented cases of LEOs not knowing the law and arresting people for guns that were not loaded. (loaded mags in the same locked case but not in the gun, ammo in side saddles on a shotgun and more)

The bottom line. I took an oath to defend the constitution against all enemies, both foreign and domestic, and I will not give up ANY rights willingly.

Yes, there are many great LEOs who know the law with regard to guns and would not harass you for something completely legal, but why would you risk getting a bad one?
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I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
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  #156  
Old 02-23-2013, 7:51 PM
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Am I being detained? Am I free to go?
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  #157  
Old 02-23-2013, 8:37 PM
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Originally Posted by onthehunt View Post
whats wrong with just saying yes. if its not stolen or stored properly, whats the problem.
I could get the cop that is against bullet buttons or doesn't know the loophole.
I could get the guy that thinks that ammo stored in the same case as the gun is wrong.
He could be the g that takes all day running all the serial numbers to ensure they are all in my name.
He could be the guy that cuffs me and puts me on the ground for "his safety"
He could be the guy that confiscates my gun because its not on the list of doj firearms clearly wrong but they take my gun and it takes the Supreme Court to have it returned.
He could be the guy that jams the eleventh round in under force thinking that he can either confiscate it as contraband or charge me for a law that doesn't exist
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Old 02-23-2013, 8:41 PM
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Originally Posted by anthonyca View Post
Some LEOs and many agencies are very anti gun. There is an illegal law in California called an E check where the cops can check to see if the gun is unloaded. There are many documented cases of LEOs not knowing the law and arresting people for guns that were not loaded. (loaded mags in the same locked case but not in the gun, ammo in side saddles on a shotgun and more)

The bottom line. I took an oath to defend the constitution against all enemies, both foreign and domestic, and I will not give up ANY rights willingly.

Yes, there are many great LEOs who know the law with regard to guns and would not harass you for something completely legal, but why would you risk getting a bad one?
You could always take the precaution of having the ammunition in a separate locked container. I have been driving since the 1970s and fortunately have been only pulled over 4 times. Got a ticked, 2 out of the 4 times I was pulled over. I was never asked any questions regarding weapons or any thing illegal in my car. There was an occasion when I was changing a flat tire along the shoulder of the freeway and a CHP cruiser pulled up behind my car, I had my trunk open. Laying in the trunk were targets, rifle cleaning rod & ear muffs. The 2 CHP officers would have to been blind not to see it. They didn't ask me if I had any weapons in the car (I did not) They asked if I would be needing assistance & told me that it was not a good idea for me to keep my back to on coming traffic while changing my tire.
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Old 02-23-2013, 9:12 PM
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Originally Posted by Bouy View Post
Being in ride-alongs, if there is anyone in the car who has probation or parole, then everyone in the vehicle is subject to search unless there is a no search clause in the terms of probation/parole.
True, forgot about those on probation and parole. However, that is a judgement call too. LEO's are not going to be asking every person on every vehicle stop if they are on probation or parole. Just the same way that I have NEVER been asked if I had weapons or anything illegal in my vehicle when I've been stopped.
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Old 02-23-2013, 9:20 PM
Tmckinney Tmckinney is offline
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Originally Posted by blackhawke88 View Post
I dont see why i should fear backlash from law enforcement for refusing to answer their questions. The moment we fear exercising our rights because of the police, we give them up.
Someone gets it!!!!!!,
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