Unconfigured Ad Widget

Collapse

If pulled over, do you have to tell?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • #16
    Jicko
    Calguns Addict
    • Dec 2005
    • 8774

    Originally posted by IsaacGlass
    what's the big deal?
    We know that your AR is legal....

    Case (1) but the cop may be ill-informed... the next thing you know is that you are handcuffed and detained in their car when they search every bit of your car.... cuz they THINK that they found an illegal AW..... and then even if they ended up letting you go.... your AR is going with them back to the station, and then sent to DOJ for their expert to see... even if after 3 months, that they deemed that your rifle is legal, you still have to go to the station, fill out forms, and pay money to get back your legal AR....

    Case (2) they have to find enough PC for them to search your car... and they couldn't find that... they just have to let you go.... now you are home with your legal AR, and you can come back here and proudly tell us that you did the right thing...



    Originally posted by IsaacGlass
    So if a LEO pulls you over for a traffic stop, and asks you " For my safety, do you have any guns, knives or any type of weapons in the car "
    Officer, you don't have to worry, you are fine, I have nothing illegal in my car.
    Last edited by Jicko; 05-29-2009, 1:02 AM.
    - LL
    NRA Certified Firearm Instructor
    sigpic

    New to Calguns, check here first:
    http://www.calguns.net/calgunforum/s...ad.php?t=56818

    Comment

    • #17
      pullnshoot25
      Banned
      • Mar 2007
      • 8068

      Originally posted by IsaacGlass
      So if a LEO pulls you over for a traffic stop, and asks you " For my safety, do you have any guns, knives or any type of weapons in the car " most of you
      rather not answer his question and ignore the fact he asked? By not answering his question, dont you think it will raise some type of suspicion? If your AR
      is legal and you were on your way home from the range, what's the big deal?
      "I have nothing illegal in this vehicle. Can I have my ticket please?"

      Comment

      • #18
        pullnshoot25
        Banned
        • Mar 2007
        • 8068

        Originally posted by M1884
        I have always figured that, if I am pulled over, and if the officer finds some excuse to do a search, and finds a gun in the car, that I carry enough target shooting paraphernalia at any given time that the officer would be making himself look like a royal putz to hassle me further.
        Don't figure on anything these days. Cops are often like carpenters, they will use anything in their tool belt to screw you.

        Comment

        • #19
          AirflowPimp
          Member
          • Nov 2008
          • 148

          "Do you have any weapons in the car?"
          "Are you asking if i'm illegally carrying a firarm?"
          "Sir, I am asking if you have any weapons of any kind in your vehicle or on your person."
          "Wow, strange question. Makes me curious, cuz it seems like you are implying that it is illegal to carry a registered firearm, in the proper fashion, with the lock in place and the ammo in another compartment?"
          WE MUST ALL FEAR EVIL MEN, BUT THERE IS ANOTHER KIND OF EVIL WHICH WE MUST FEAR MOST, AND THAT IS THE INDIFFERENCE OF GOOD MEN
          sigpic
          Photo pulled from norcalblackriflegear.com
          "The pace at which our Liberties are being thwarted from our hands will soon prove either the result of a fallen society, or a revolution like one not seen by our generation; quite possibly a combination of both."

          Comment

          • #20
            Jicko
            Calguns Addict
            • Dec 2005
            • 8774

            Originally posted by M1884
            I have always figured that, if I am pulled over, and if the officer finds some excuse to do a search, and finds a gun in the car, that I carry enough target shooting paraphernalia at any given time that the officer would be making himself look like a royal putz to hassle me further.
            Pretty naive..... also depends on what "gun" it is.... it is good that these days, a lot of cops are well-informed about the OLL.... but still there are cops who think the ONLY legal AR15s are the ones that are registered. No registration = a trip to the jail or at least confiscating of the weapon.
            - LL
            NRA Certified Firearm Instructor
            sigpic

            New to Calguns, check here first:
            http://www.calguns.net/calgunforum/s...ad.php?t=56818

            Comment

            • #21
              SJgunguy24
              I need a LIFE!!
              • May 2008
              • 14849

              Originally posted by Timmaay_72
              "Do you have any weapons in the car?"
              "Are you asking if i'm illegally carrying a firarm?"
              "Sir, I am asking if you have any weapons of any kind in your vehicle or on your person."
              "Wow, strange question. Makes me curious, cuz it seems like you are implying that it is illegal to carry a registered firearm, in the proper fashion, with the lock in place and the ammo in another compartment?"
              Fail, the gun and ammo can be in the same compartment. The ammo cannot be attached to the firearm. Don't say anything. If they ask you if you have any weapons of any kind just say no. Guns are not weapons, they are tools. A ball point pen can be used as a weapon in the right hands. "I have nothing illegal sir/mam" is all you need to say.
              Have a way to record the conversion so if they do search illegally you have the incident on tape and just might have a 4th amendment violation lawsuit.
              There are 3 kinds of people in this world.
              The wise, learn from the mistakes of others.
              The smart, learn from their own mistakes.
              The others, well......they just never learn.

              "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
              Patrick Henry.

              Comment

              • #22
                IsaacGlass
                Veteran Member
                • Apr 2009
                • 2591

                Originally posted by Jicko
                We know that your AR is legal....

                Case (1) but the cop may be ill-informed... the next thing you know is that you are handcuffed and detained in their car when they search every bit of your car.... cuz they THINK that they found an illegal AW..... and then even if they ended up letting you go.... your AR is going with them back to the station, and then sent to DOJ for their expert to see... even if after 3 months, that they deemed that your rifle is legal, you still have to go to the station, fill out forms, and pay money to get back your legal AR....

                Case (2) they have to find enough PC for them to search your car... and they couldn't find that... they just have to let you go.... now you are home with your legal AR, and you can come back here and proudly tell us that you did the right thing...





                Officer, you don't have to worry, you are fine, I have nothing illegal in my car.

                I have a few friends who are LEO and CHP, and I do realize they do used words to bait a suspect into a situation for further investigation. From what they have always advised me to do was to makesure your guns are always in a locked case (hard or soft) Only if they asked, its okay to inform them you do have firearm in a lock case in the trunk and where on your way home from the range. But do not open the case unless the LEO has a warrant. However, the scenarios some of you presented are rather interesting options.

                Comment

                • #23
                  IsaacGlass
                  Veteran Member
                  • Apr 2009
                  • 2591

                  Recent headline Supreme Court limits warrantless vehicle searches

                  Comment

                  • #24
                    223Dude
                    Member
                    • Jan 2008
                    • 197

                    It has always been my experience that everytime I was pulled over by a LEO, they would always ask if I had any Knives, firearms, grenades, or explosives in the car. Most of them were just asking in a casual, almost jokingly, and light mannered tone. I would never volunteer any information unless specifically asked. But I have always liked the "I do not have anything illegal" answer.

                    Comment

                    • #25
                      SickofSoCal
                      Calguns Addict
                      • May 2009
                      • 7634

                      Originally posted by SJgunguy24
                      the gun and ammo can be in the same compartment. The ammo cannot be attached to the firearm.
                      Are you sure about this? I thought they had to be in separate areas of your vehicle?
                      "If men were angels, no government would be necessary." - James Madison, Federalist No. 51 (1787)

                      Comment

                      • #26
                        Matt C
                        Calguns Addict
                        • Feb 2006
                        • 7128

                        Originally posted by M1884
                        I have always figured that, if I am pulled over, and if the officer finds some excuse to do a search, and finds a gun in the car, that I carry enough target shooting paraphernalia at any given time that the officer would be making himself look like a royal putz to hassle me further.
                        He does not care about "looking like a putz". He wants to "get guns off the street".

                        Originally posted by M1884
                        Don't volunteer it, but, as for me, if I am asked, I will not lie; I do not carry in an illegal manner, and have nothing to lie about.
                        Well, you might re-think that when you are sitting in county jail trying to decide if you should spend your entire savings plus whatever you can borrow to try and bond out on your bogus weapons charges, or if you should put it towards a good lawyer and just sit in jail for a year or so.

                        Originally posted by IsaacGlass
                        So if a LEO pulls you over for a traffic stop, and asks you " For my safety, do you have any guns, knives or any type of weapons in the car " most of you
                        rather not answer his question and ignore the fact he asked? By not answering his question, dont you think it will raise some type of suspicion? If your AR
                        is legal and you were on your way home from the range, what's the big deal?
                        The big deal is your AR may be legal, but that does not stop you from going to jail and then court to prove it. Why invite trouble. If you say "I have nothing illegal in the vehicle" he might suspect you are a lawyer, but he won't have probable cause for a search. If you tell him you have guns he will search your whole car, and really you have no way to be certain what is in there.

                        Originally posted by IsaacGlass
                        I have a few friends who are LEO and CHP, and I do realize they do used words to bait a suspect into a situation for further investigation. From what they have always advised me to do was to makesure your guns are always in a locked case (hard or soft) Only if they asked, its okay to inform them you do have firearm in a lock case in the trunk and where on your way home from the range. But do not open the case unless the LEO has a warrant. However, the scenarios some of you presented are rather interesting options.
                        That is flat out wrong. IF you tell them you have firearms in a locked case they do not need a warrant under (unconstitutional) CA law.

                        Originally posted by SickofSoCal
                        Are you sure about this? I thought they had to be in separate areas of your vehicle?
                        They don't.

                        PLEASE REVIEW:
                        http://www.calguns.net/calgunforum/s...ad.php?t=80571
                        I do not provide legal services or practice law (yet).

                        The troublemaker formerly known as Blackwater OPS.

                        Comment

                        • #27
                          SickofSoCal
                          Calguns Addict
                          • May 2009
                          • 7634

                          Originally posted by Blackwater OPS
                          They don't.
                          Thanks, Blackwater.
                          "If men were angels, no government would be necessary." - James Madison, Federalist No. 51 (1787)

                          Comment

                          • #28
                            pullnshoot25
                            Banned
                            • Mar 2007
                            • 8068

                            Originally posted by SickofSoCal
                            Are you sure about this? I thought they had to be in separate areas of your vehicle?
                            Yes, it is true. http://californiaopencarry.org. Read it and learn!

                            Comment

                            • #29
                              SickofSoCal
                              Calguns Addict
                              • May 2009
                              • 7634

                              Originally posted by pullnshoot25
                              Yes, it is true. http://californiaopencarry.org. Read it and learn!
                              Yes it's true that they have to be in separate areas? I'm talking about a rife in a case here, with ammo in a locker box.

                              Can they both be together? I do not have a trunk. (I'm waiting for someone to ask 'how is that?')
                              "If men were angels, no government would be necessary." - James Madison, Federalist No. 51 (1787)

                              Comment

                              • #30
                                pullnshoot25
                                Banned
                                • Mar 2007
                                • 8068

                                Originally posted by SickofSoCal
                                Yes it's true that they have to be in separate areas? I'm talking about a rife in a case here, with ammo in a locker box.

                                Can they both be together? I do not have a trunk. (I'm waiting for someone to ask 'how is that?')
                                1) You can have a rifle either concealed or openly carried on your person or in your vehicle as long as it is unloaded.

                                2) California law allows for the full range of transport of a rifle. However, the federal GFSZA states that the gun must be locked up. This is where things can get hairy.

                                3) Therefore, when in doubt, just lock it up.

                                4) You can have ammo in with the gun in the case, loose or in any ammo carrying device such as a magazine, bandolier, speed strip, speed loader, quick load tube, etc., it is completely legal, see People v Clark.

                                Basically, the ammunition cannot be "inserted into a position from which it can readily be fired."

                                5) No trunk? No problem! Also, it is not unusual nor is your question a question not seen before. Best way to solve that problem is to get a hard, keyed lock box. Contact Flintlock Tom, as this is the way he transport as he drives a truck/SUV and regularly OCs.

                                6) If you are ever pulled over for whatever reason, YOU ARE NOT OBLIGATED BY LAW IN ANY WAY TO INFORM THE OFFICER THAT YOU HAVE A GUN IN THE CAR! Therefore, exercise your 5th and say nothing. If they ask if you have weapons in the car, simply state that "There is nothing illegal in this vehicle."

                                Comment

                                Working...
                                UA-8071174-1