Stopped for speeding cop ran serial #'s

[todd2968]

I know this is a re-occurring problem and is an over step for LE. A friend was recently stopped on his way home from shooting and he was properly transporting, but when he was asked if he had any weapons he said "yes" and was detained til officer ran all serial numbers. Nothing happened because all were properly registered. I told him officer had a right to check for weapon transported properly (unloaded &locked up) but no right to run serial number. He said fish and wildlife do this all the time.
I'm looking for correct dialog any penal codes spelling this out, and is there a valid threat(for lack of a better word) that I can present to LE when they violate 4th Amendment?
Thank you for your response.
We are both active duty military, so going to jail for "the cause " is not an option.

BTW he did not consent to any searches.

[jtmkinsd]

His first mistake was answering the officer's question. It is not a crime to simply state: "I'd rather not answer that sir".

Arguing with LE on the side of the road is a no-win situation. Simply refuse to answer questions, state you do not consent to any searches, and get name and badge number. Afterwards, you can file a complaint. That complaint stays on his/her record forever...the more complaints, the easier it is for the next guy/gal to have some kind of action taken.

[bsim]

As soon as he said "Yes" I gotta gun, an "e-check" on the serial is authorized. No issue here for the LE.

[Shiboleth]

As soon as he said "Yes" I gotta gun, an "e-check" on the serial is authorized. No issue here for the LE.

There is no such thing as an e-check on a serial number. An e-check exists solely to confirm the loaded status of a weapon, and in fact LE are explicitly not supposed to "search" for a serial number during this check, but can run it if they come across it as part of their loaded check.

[odysseus]

I am assuming you mean "registered" because they were handguns.

Question: What if the person was old enough and had a handgun which was not "registered", as before 1990 you could have bought or be gifted a handgun without any registration? Now what then for the LE running serial numbers?

[InGrAM]

His first mistake was answering the officer's question. It is not a crime to simply state: "I'd rather not answer that sir".

Arguing with LE on the side of the road is a no-win situation. Simply refuse to answer questions, state you do not consent to any searches, and get name and badge number. Afterwards, you can file a complaint. That complaint stays on his/her record forever...the more complaints, the easier it is for the next guy/gal to have some kind of action taken.

+ 1 Your friend should have said this.

[Ford8N]

It's a no win situation. As soon as you say you will not answer if you have a weapon, you are a suspect. Just the way gun owners are treated in this state.

[CSACANNONEER]

E-checks have NOTHING to do with SNs. Hell, some of us own completely legal handguns without SNs or "registration" of any kind. Unfortunately, some LEOs and/or some LEAs don't understand or care to understand Ca. and Federal firearms laws 1/10th as well as many of us here (including LEOs here) understand them.

[The Shadow]

Honesty is not always the best policy.

[CitaDeL]

A friend was recently stopped on his way home from shooting and he was properly transporting, but when he was asked if he had any weapons he said "yes" and was detained til officer ran all serial numbers.

Have your friend repeat after me...

"I dont have anything I would harm you with."

Or

"I dont have anything illegal with me.'

[N6ATF]

Honesty is not always the best policy.

You can be honest in saying "I am a human being, not a fish. I would like it if you would conduct your expedition elsewhere."

[jl123]

Have him file a complaint. Having a firearm is not cause to believe a crime has taken place or is in progress, thus he has no right to search. This has been well established on CGN.

[oddjob]

Running the serial number was proper in that situation. Remember LEO is not only checking for registration, but for stolen status too. In fact its usually run for that anyways. If the handgun is registered to someone else...back in my day...it was so what? Long as its not stolen.

[jl123]

Running the serial number was proper in that situation. Remember LEO is not only checking for registration, but for stolen status too. In fact its usually run for that anyways. If the handgun is registered to someone else...back in my day...it was so what? Long as its not stolen.

Ummmmm.....wrong. Having a gun isn't probable cause to believe a crime has taken place or is in progress. This has been established in court. This was a fishing expedition.....pure and simple.

[bussda]

I am not offering legal advice, I am not a lawyer.

I believe that the e (?) check referenced is to 12031 (e) which concerns verifying unloaded while open carrying. It is not an electronic check as is being presented or a reason to search a vehicle. But until there is a court decision, it will be one of those little injustices. And when presented as an officer safety issue beomes more difficult to properly address.

And while hunting, DFG rules are a little different.