When a cop pulls you over, does he automatically know you have guns?

[Cuda440]

Hey Cuda do you posses a guard card?

I'm not exactly sure what a guard card is, so I don't think I have one.

I don't have a ccw, either. I have my HSC, but I don't keep it in my wallet. There were no NRA or weapon related stickers or items anywhere in or on my vehicle. The only things the officer took was my license, and the insurance and registration that are in the boss' name. When this happened, it was the first time I had ever been asked about a gun, and it was only a few months after I purchased my first handgun. I have been pulled over in my own truck twice since then, and both times I was asked about a gun.

[Cokebottle]

It is there way into your car and you to search it if you say yes i have a Gun

Nope.

Possession of a gun is not PC for a search of your person or your vehicle.

"Yes officer, I have an unloaded gun located _______. I understand that you have the right to conduct a 12031(e) check to verify that the gun is not loaded, but beyond that, I do not consent to a search of my vehicle or my person."

If the gun is loaded, or it is an illegal configuration, then all bets are off.

99.9% of the time there questions are bait... and we just reply back to them honestly thinking it is the correct thing to do and to get the traffic stop over. wrong, you will be there awhile. the cop is not a friend.

Big +1 there.
Cops don't care about your fishing trip, or really where you are coming from or where you are going. The questions are framed to see how much you are willing to talk. The more you talk, the more information you give them for fishing.
A spontaneous utterance... "I'm not out here looking for hookers"... can be used as RS for a detainment and further questioning leading to a legal search.
Being "chatty" at the beginning of the encounter, leading to "clamming up" when you become uncomfortable with the direction the conversation is going may also be construed as "suspicious" and lead to more assertive questions.


OTOH, maybe the guy is getting off work in 10 minutes and he's curious how the traffic is in that direction

[PandaLuv]

So.... I got pulled over once for not having lights on my license plates at night. that was the guy's reason, but in reality he pulled me over because I was listening to rap and I'm a minority, no biggie I guess but I have never been asked in my entire life if I had drugs or guns in my car.
Why did the cops ask you guys if u had any?

[Sub95]

""Possession of a gun is not PC for a search of your person or your vehicle.""

someone might tell them that then.

Anything wrong (saftey/code) with the car they can pull you over, is it a small thing yes, but gives them a reason to stop you. and chat it up and they will do it everytime.

[paul0660]

I was driving my work truck that's registered in my boss' name, and I was pulled over by CHP near lake Perris on Ramona Expressway for a cracked windshield.

The officer asked for my license and registration and went to his car. When he walked back to me 2 minutes later, he had his hand on his gun, and his exact words were:
"I see you own a gun. Do you have it with you?"

I was a little suprised, and I said:
"I own several guns, none of them are with me, I'm at work"

He replied:
"so, if I search the truck, I wont find a gun?"

I told him:
"there's nothing in here but tools and parts"

He let me go with a warning and said to get the windshield fixed. I dont know if he did any special checks, but with only my license and about 2 minute he definitly knew I owned a weapon.

Veerrry interesting.

[Cokebottle]

""Possession of a gun is not PC for a search of your person or your vehicle.""

someone might tell them that then.

Anything wrong (saftey/code) with the car they can pull you over, is it a small thing yes, but gives them a reason to stop you. and chat it up and they will do it everytime.

It is a big jump (legally) from a safety/code violation to legal grounds for a search without permission.

But too many people simply give up their rights, thinking that they have done nothing wrong, so they have nothing to worry about.
The problem is, they forget that one of their kid's friends may have dropped "something" in the back seat.


Hasserl is right. You don't HAVE to answer the question at all, but many of us (myself included) are uncomfortable simply telling a cop to FOAD in a legal manner. For one thing, it guarantees a ticket rather than a warning. My tact has always been "Respectful, polite, but cautious"
I don't trust him any more than he trusts me.

But answering the question, while at the same time, letting him know that you are aware of your rights, and letting him know exactly how far you will allow him to cross that line, generally works out best for everyone.

You can consent to a search, and you have the right to withdraw that consent at any time unless he has found PC to continue. If he does continue, he must have SPECIFIC probable cause that he can articulate to the court... probable cause that would result in a judge issuing a search warrant if it were presented to him.

[Cheese & Bacon]

It's truly sad the the LEO's are not law abiding peoples' friends these days. They let real criminals just about their business but feel compelled to create criminals out of ordinary citizens.

Cops are not out to bust good people. I find people with illegal (loaded, unlocked) guns in there cars quite frequently. I'm after bad guys. Not some poor guy who forgot to unload his rifle after a range /hunting trip. Or some guy who just came from Arizona that forgot to unload and lock a handgun that he keeps for defense. Lay off the cops. We're not all a**holes trying to screw you.

[Cheese & Bacon]

On the other hand, It's kinda lame though because if somebody did have a gun illegally, I doubt they would say heck ya officer my illegal gun is loaded and behind the seat.

they actually tell me quite often.

[IGOTDIRT4U]

Cops are not out to bust good people. I find people with illegal (loaded, unlocked) guns in there cars quite frequently. I'm after bad guys. Not some poor guy who forgot to unload his rifle after a range /hunting trip. Or some guy who just came from Arizona that forgot to unload and lock a handgun that he keeps for defense. Lay off the cops. We're not all a**holes trying to screw you.

Yep. It's all about your first interaction when pulled over. Once the cop is comfortable that you are not out there with warrants, drunk, shifty acting,etc., he just wants to get through the stop as much as you want to. If he realizes you might have made a simple mistake and all by other appearances are you are a good, solid citizen, it's not likely you get hassled beyond, "Hey, Mr. X, please make sure you secure your hunting rifle better next time, sign here for the speeding I pulled you over for."

[Cheese & Bacon]

EXACTLY

[Quickdraw Mcgraw]

We know your not all bad cheeseNbac! Infact most of the cops i know a good people, that being said all it takes is one kid pissing in the pool an everyones mad!

[Sub95]

I wont take on his interaction at all, there are to many cops that will play nice then turn on you.

I have a few cop friends, and they are great outside of work...

[MoBait]

I was driving home one night after work and knew I had a cop behind me. I pull into my street and make a uturn to park. The cop cuts me off and stops me in the middle of the intersection. First thing he says is, "do you have firearms in the vehicle", I respond that I have nothing illegal. He repeats his questions and I give the same answer. He gets irritated and says, thats not what I asked you, get out of the car. So I get out, his partner handcuffs me and they pat me down, while the main officer goes into my back seat and pulls out my 10" forschner and says, look what we have here. He asks why I have it, and I tell him I use it to fillet fish at work.

I stand there for about 20 minutes while the officer is inside his vehicle writing my citation. He comes back and gives me a ticket for an illegal uturn. His partner asks him if they should search the vehicle, the officer told his partner that this guy (me) won't give us consent...

They uncuffed me and told me that I got lucky this time but that I will have my day.

I went to court and got the case dismissed since the uturn was not illegal.


On the other hand, I have been stopped by CHP on the 78 east of Julian and had my shotguns on the backseat. He just gave me a fixit ticket for my front tints and never said anything about guns.

I've stopped at border patrol checkpoints with shotguns and/or rifles in the backseat and have been waved through without question, except for one agent that wanted to know if I prefer the 870 or Nova.

[SureShot241]

Why would you say yes? You're just inviting problems. Just don't answer the question.

+10000000!!!!! They have no probable cause if you stick to your 5th amendment and any searching would be a violation of your 4th. Make sure you let them know you do not wave any of your rights at all times

[Sub95]

your word against a cops word, you know who will Win that one.

And i am not saying all cops are bad or do shady stuff..