If pulled over, do you have to tell?

[Midian]

Just be polite and shut the hell up.

[calixt0]

I'm kind of amazed at the answers here are so uniform.. I understand that I have no legal obligation to let them search my car (and I certainly have nothing to hide don't drink and have never smoked pot or done any illegal drugs do my best to be in compliance with all laws) but I have always chosen to error on the side of putting the officer at ease. I make my hands plainly visable so they have nothing to worry about and inform them that I do have guns in the vehicle. nothing illegal just out target shooting.

Now granted I haven't been pulled over in over 10 years and even then didn't have a gun in the car... I don't know if I would chance the popo knowing the current ar laws so if I had my ar i would make sure they had the copy of the regs too ( I keep them in the gun case). I have only been pulled over 1 time with guns in the car back in the mid 90's and when i informed the chp officer he didn't even want to check them...just said ok thanks for letting me know.

[Matt C]

I'm kind of amazed at the answers here are so uniform.. I understand that I have no legal obligation to let them search my car (and I certainly have nothing to hide don't drink and have never smoked pot or done any illegal drugs do my best to be in compliance with all laws) but I have always chosen to error on the side of putting the officer at ease. I make my hands plainly visable so they have nothing to worry about and inform them that I do have guns in the vehicle. nothing illegal just out target shooting.

Now granted I haven't been pulled over in over 10 years and even then didn't have a gun in the car... I don't know if I would chance the popo knowing the current ar laws so if I had my ar i would make sure they had the copy of the regs too ( I keep them in the gun case). I have only been pulled over 1 time with guns in the car back in the mid 90's and when i informed the chp officer he didn't even want to check them...just said ok thanks for letting me know.

Well, it's not 10 years ago, it's today, and there are plenty of members on here that have done time in jail or were detained and then charged and paid tens of thousands of dollars in legal bills because they had legal guns.

[Voo]

The LEO can ask you anything really. It's harmless enough. Making you comply with their wishes is another matter. If you respond with "YES, I have a firearm" I believe they now have probable cause to secure it for their safety etc etc.

The better response is, "I dont have anything illegal", that should pretty much end the conversation. The LEO isnt' god, and while their job is tough, they should not be able to encroach on your rights in order to perform their job.

I am not advocating that you lie to the LEO, but you should understand that answering, "No" is not something you should be afraid to say. If a "no" answer were enough to incriminate you, the cops would never need another search warrant. They could just ask you a question and if you responded "NO", they would be able to use that as 'probable cause'. This is NOT the case. Simply responding with a "no" isnt enough to strip search you and/or search your car.

DONT BE AFRAID to say, "There's nothing illegal in my car". It's not an admission of guilt nor is it reason enough for them to search you or your car.

[pullnshoot25]

I'm kind of amazed at the answers here are so uniform.. I understand that I have no legal obligation to let them search my car (and I certainly have nothing to hide don't drink and have never smoked pot or done any illegal drugs do my best to be in compliance with all laws) but I have always chosen to error on the side of putting the officer at ease. I make my hands plainly visable so they have nothing to worry about and inform them that I do have guns in the vehicle. nothing illegal just out target shooting.

Now granted I haven't been pulled over in over 10 years and even then didn't have a gun in the car... I don't know if I would chance the popo knowing the current ar laws so if I had my ar i would make sure they had the copy of the regs too ( I keep them in the gun case). I have only been pulled over 1 time with guns in the car back in the mid 90's and when i informed the chp officer he didn't even want to check them...just said ok thanks for letting me know.

OK, two comments here.

1) Even if you have nothing to hide, you ALWAYS stand on your 4th amendment grounds and make them get a warrant for everything. Doesn't matter if you are Mr. Rogers out for a stroll, you give them NOTHING!

2) That little bit about "putting officers at ease" and telling them about "target shooting" will get you searched, prolong your stay, etc. You do not have to tell them ANYTHING past "there is nothing illegal in this car." You do not have to tell them where you are going, where you have been, your favorite gun, ANYTHING!
This way, you don't have to worry about the officer's impressions of the situation and or experience the intimate pleasure of your face on a hard, rough surface.

Saying nothing says everything and keeps everything just perfect.

[AaronHorrocks]

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.

BTW, can you recommend a lawyer for a 4th amendment violation lawsuit? How's that oaklander guy?

[SickofSoCal]

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."

My rifle 'case' is one of those ones with a zipper, it doesn't have a lock on it. Is this OK to have in my 'trunkless' Blazer, with the ammo next to it on the floor? This is what I want to know, because I have been doing it like this for a few years now. Is it legal in CA? (I don't want any troubles with LE)



You see what I mean? I ain't got no trunk for my junk:

I'm kind of amazed at the answers here are so uniform.. I understand that I have no legal obligation to let them search my car

Remember, my question was California-specific. From what I have read about, there are some states that require you to tell the LEO that you have a firearm in your vehicle. I just wanted to clarify.

[Matt C]

BTW, can you recommend a lawyer for a 4th amendment violation lawsuit? How's that oaklander guy?

I would not recommend filing a 4th amendment violation lawsuit, unless you are rich and have lots of money and time to spare. If you have a real issue (something that would get you good media attention) the ACLU would probably pick it up.

[RideIcon]

Not in Cali but some states you must tell the officer immediately that there is a gun in the car.

[pullnshoot25]

My rifle 'case' is one of those ones with a zipper, it doesn't have a lock on it. Is this OK to have in my 'trunkless' Blazer, with the ammo next to it on the floor? This is what I want to know, because I have been doing it like this for a few years now. Is it legal in CA? (I don't want any troubles with LE)



You see what I mean? I ain't got no trunk for my junk:







Remember, my question was California-specific. From what I have read about, there are some states that require you to tell the LEO that you have a firearm in your vehicle. I just wanted to clarify.

Perfectly legal.

[JagerTroop]

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.

I always seem to have the same experience(almost verbatum), but never when I've had firearms in the car. I've never been faced with this situation.

[sb_pete]

I have been asked point blank "Do you have any of your handguns in the car tonight?" I was pulled over because a headlight went out, when the officer ran my license, the system came back showing the pistols I own. In this situation, it is a bit evasive to say "I have nothing illegal in my car." I did not have any of my pistols in my car, so I said no. The officer was nice about it, didn't ask to search the car and didn't give me a ticket or anything, but when they ask point blank like that, it is a bit different. If they ask do you have any weapons in the car, it is not at all unreasonable to come back with I have nothing illegal in the car and to not consent to a search if asked.

Keep in mind there is nothing illegal about forgetting that you had your legally transported firearm in the trunk (or back) of your car. If you have a bunch of stuff in your car, this is pretty plausible too. If your car is filled with firearms, ammo, targets, etc, I would fall back on the "I have nothing illegal in my car" and "no, I do not consent to a search of my vehicle."

It's a fine line between turning into the guardhouse lawyer and getting a BS fix-it ticket or whatever and upholding your basic rights. I have driven alot of old beat up cars in areas with lots of police presence. I have been pulled over many times. I find that if you pull over promptly into a well lit and safe area, turn on the dome light, turn off the car, roll down the window, have your documents ready, and keep your hands in plain sight, the cop is in a much better mood when they get to the car and does a lot less flashlight shining in your face kind of stuff. Be polite, calm, and friendly and your liable just to be told to slow down or fix the whatever and go on your merry way. I have had many stops where they never even ran my info. ALOT of it is based off of how you interact with them. If you're nervous or evasive, they will dig - it is what they are trained to do.

Sometimes, you are going to have to accept that maybe you won't be able to get out of a small infraction ticket like speeding or no right turn on red or whatever because it is better to take the ticket than deal with the potential disaster of having your car searched.

I had a perfectly legal Gerber MKII knife confiscated when it was stored in a locked trunk about six years ago. It sucked. It was legal to have, and now the cop is probably enjoying it, because I let him take it. I could have taken the ticket, fought it, won, then gone through the process of reclaiming my property, but I didn't have the time or money to do so, so I accepted his devils bargain of confiscation in return for no (unjustified) ticket.

I have another friend who had three handguns and numerous other items confiscated and then spent the night in jail over a bogus charge about locked containers. He had the guns in a locked range bag which they claimed did not qualify as a secure locked container. Sure the case was thrown out of court and he eventually got all his property back, but that was after multiple trips to the courthouse, a mountain of paperwork, a few months and some lawyer's time. Bottom line - don't let cops search your car without a warrant. If you tell them "I have a gun in this car" or words to that effect, they now have probable cause to go into your sh*t. Just don't do it.

"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?"

Don't be a dick. If you do this, you will piss the guy off. Heck that would piss me off. If you piss him off, he will try to find something to ticket you for. Just be nice, smile and say you don't have anything illegal in the car. Think Obi Wan Kenobi Jedi mind trick rather than guardhouse lawyer a-hole.

Don't be this guy, even if he's right, he's just an as*:

[SickofSoCal]

I have been asked point blank "Do you have any of your handguns in the car tonight?" I was pulled over because a headlight went out, when the officer ran my license, the system came back showing the pistols I own.

This is why we all must leave California.

BTW, I used to live in the Santa Ynez Valley. The cops up there are all SB Sheriff's. Gotta be some of the worst cops in California. They always want to search your car.

Want to know another thing? I used to go shooting up in the mountains above Santa Ynez, on National Forest land. Well, there is a dirt road that goes by behind the shooting spot. Every once in awhile some out-of-town Liberal POS will dive by, see us (or whoever) shooting, and call the cops saying 'there's people with guns and I'm scared'. Naturally, the cops have to respond to the call. Keep in mind that these POS idiots are simply DRIVING BY. They are usually driving to camping sites many miles away, there is no logical reason in the world for them to cal the cops.

But guess what? When they get there they tell people to leave and that they can't be shooting there. (my guess is so that they will not have to respond to another call) How messed up is that?

[SickofSoCal]

Perfectly legal.

Are you sure? Remember, here is my setup:


1. Unloaded rife in padded zipper case: not locked

2. Ammo in old ammo can: not locked

3. Both together on the floor behind the seats



I want to make 100% sure about this. Are you sure that they do not have to be separate? (If not locked) About the only thing I could do is put the ammo can on the passenger side floorboard.

[truthseeker]

If you are that worried, just buy a cheap plastic case from walmart and a padlock and then put your firearm in it whenever you are going to drive with a firearm while driving your bronco.

I live 600 feet from a elementary school and I have a police officer that lives right across the street from my house.

Whenever I want to drive my Ford Expedition (has NO lockable compartment) I drive my vehicle into my driveway and put all of my firearms (shotgun, rifle handgun) in locked cases before I come out of my house to put them in the vehicle. Do I HAVE to? It does'nt matter, all I know is that I am "good to go" if I do it this way.