...

[locosway]

It is worst case, but could happen, especially with a younger person who's nervous and professes to having evil things.

[team1320]

good thing i ran into this thread cause i had been wondering the same thing, how do they know the firearm is mine..

Do you guys keep reciepts/DROS copies of all your weapons and file them? Just wondering if this is a good practice that I should start early .

i keep mine all in my file cabinet, started doing this since i bought my first one. i feel better having all the paper work well organized and safe...

[johnthomas]

Or you can make goo goo eyes at the officer and lick your lips. Hopefully he will leave in disgust. LOL

[audihenry]

Ok, so you're young and you're new here. You need a good briefing!

*looks for Pullnshoot25*

Well, I'll give it to you.

If you're driving around with firearms and you're pulled over, do NOT tell the officer you have guns in the car. You have rights, most notably a 5th Amendment right which lets you shut the hell up and not get in trouble for being honest.

If an officer asks if you have any weapons you can either remain silent, or ask him if you're required to answer that (you aren't required). Then again, you could allow him to search your car, check your weapons, run your serial numbers, run your license, run your registration, and have you sitting on the curb for who knows how long.

Just make sure you're always legal. Keep the firearms in an approved transportation container (locked box, locked trunk, etc.). Keep the firearms unloaded. Most importantly, don't get pulled over!

If you're silent and appear uneasy if asked if you have guns in the car, can that be probable cause to do a search?

[mmartin]

You said giving him consent to search my firearm is consent to search the entire car? how is this so? The firearm is locked, in one compartment of the vehicle ( the trunk)... I would answer, I have my legally purchased shot gun safely locked in the trunk of my car. If you would like I can open my trunk and let you inspect it. Obviously if he started going through all my **** in my actual car ( seat area/etc..) I would tell him on the spot, OFFICER, i did NOT consent to a search. Only that you could inspect my FIREARM which you did.

just from personal experience here... in riverside county, if they see you have a firearm of any kind, that WILL be considered probable cause to suspect you have OTHER firearms in the car and that they MAY be loaded or transported illegally and that suspicion is probable cause sufficient for them to search your vehicle. don't think that saying you didn't give permission to search the car, only inspect your gun, is going to make LE pull up short and say, "sorry sir, you're quite right." it won't. they'll search.

and if your "no you absolutely may not search" shows up in a police report as "sure, go ahead", don't say you didn't hear that might happen... [/ticked off and slightly bitter about it]

Megan

[mmartin]

good thing i ran into this thread cause i had been wondering the same thing, how do they know the firearm is mine..

and the second question is, if they take your guns into custody for "safe keeping" (even if they don't take you in), how are you going to prove they're yours so you can get them back? for handguns, they should be recorded as registered to you. for long guns?
Megan

[liketoshoot]

as it has been said, I keep a copy of all guns bought and sold at home the original is in a safe deposit box, (I live in a fire area so to keep them safe). If you have a legal black rifle then I wouuld carry a copy when going to the range just to prove it is cal legal.

[BillCA]

Oh boy.... lots of uncertainty here.

To the OP's question: You need not carry proof of ownership around with you. How do cops establish that you own the iPod or portable radio you're carrying? Any time you purchase a firearm you should have a receipt. Even if it's a C&R long gun. Keep your receipts filed in a folder together (I also record mine in a small database). If questioned about it, you can tell the officer that you have a receipt at home. Be aware that some inks fade over time, especially on "carbonless" forms.

If an officer says he's seizing the firearm, he is required by law to give you a receipt for it. Said receipt includes a description of the property, any serial number, officer's name, badge, dept. and a case/event number by which the dept. references it.

With the exception of Assault weapons, long guns do not need to be transported in a locked case (handguns & AW's do). Long guns can be exposed inside the vehicle - unloaded of course - or inside a locked container if you choose.

I think it a good idea to keep long guns in a container - either a long gun carry case or in the trunk of the vehicle. This shows you took steps to avoid any kind of public "display" of firearms. Stowing ammunition should follow common sense rules -- do not store ammunition attached to the firearm or in a fixed magazine of the long gun.

IF asked by police if you have any drugs or weapons in the car, remember you have a 5th amendment right to remain silent in order to help protect your 4th amendment rights against unlawful searches.

I recommend telling the officer something like, "Officer, I'm not required to answer any of your questions and I have the right to remain silent, which I'm going to exercise with discretion. I've had a long day, I'm tired and my feet hurt and I'm not going to answer any more questions, alright?"

And no... excercising your right to remain silent cannot be used as probable cause for a search.

Oh crap, you forgot about that spare magazine that rolled under your seat. Now you're busted for concealing a firearm in your vehicle as the magazine is an integral part of the firearm.

Read People v. Clark (documented elsewhere on the site). A loaded magazine in and of itself is NOT a firearm for the purposes of 12020 et seq (weapons offenses). From Clark we get a ruling that says even a loaded magazine in the locked container with the gun is not a "loaded" weapon until it is inserted into the gun and/or otherwise made ready for firing.

However, the magazine itself is probably enough PC for the officer to search the interior of the car for a weapon. And don't forget that the officer can act upon anything in plain view... such as an empty shell case.

[GrizzlyGuy]

I wouldn't worry about it too much, the burden is on the government to prove it IS NOT yours if they want to hassle you. For peace of mind, you could choose to voluntarily register it with the DOJ for $19. See "Voluntary Registration" here:

http://wiki.calgunsfoundation.org/index.php/Firearms_registration#Voluntary_Registration

[JDoe]

I'm surprised no one brought up this video series

Why You Shouldn't Talk To The Police Pt. I

There's a lot of good reasons not to talk to a cop but, in this video you'll see exactly how everything you say can go against you; Even if it's a minor traffic stop, never volunteer ~!@#$ squat. Then watch part II to see and hear it from a cop

[SJgunguy24]

They always ask me the basic questions: "DO you have any drugs, firearms, grenade launchers, flamethrowers, or head hookers in teh car" ( VERY serious/normal face) . Its a trick to see if someone is trying to hide something. If i answer NO , i would be lying, and to my knowledge that is a crime.
.

Lying to the police is not a crime. If your giving a sworn statement thats different. Lying to a Federal officer IS illegal.

They can lie to you, it's called fishing. You can lie to them.

[packnrat]

How about if leo saw this mag on the front seat?
IMG_0068.JPG

.
Sorry image did not make it. Trying to work out the problem

[mmartin]

Lying to the police is not a crime.

it does, however, tend to p*** them off which may affect how they deal with you.

[locosway]

Lying doesn't = obstructing an investigation?

[mmartin]

I wouldn't worry about it too much, the burden is on the government to prove it IS NOT yours if they want to hassle you.

or they can just take it into custody "for safe keeping" and then you can jump through the hoops of proving it's your so they'll release it back to you. eventually. you know, if they want to hassle you.

they may not see the necessity of PROVING it isn't yours if they want to take it in... just like they don't need to prove you're guilty before they arrest you..

just sayin'.
Megan