Does having rifles in the rack of my single cab pick-up give an officer the right to pull me over and remove me and my girlfriend from the truck at gunpoint so the officer can check to see if my guns are loaded?
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Rifles carried in rifle rack of truck
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Rifles carried in rifle rack of truck
"In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist."
-Dwight D. EisenhowerTags: None -
I really don't know how to respond to this thread. Since this LEO Sub-Forum is specifically designed to ask questions of LEO's, and since rants, complaints, and general whining are prohibited; I find myself at a loss. If you would care to articulate specific "to the point" questions, I will try to answer them. -
Does having rifles in the rack of my single cab pick-up give an officer the right to pull me over and remove me and my girlfriend from the truck at gunpoint so the officer can check to see if my guns are loaded?I really don't know how to respond to this thread. Since this LEO Sub-Forum is specifically designed to ask questions of LEO's, and since rants, complaints, and general whining are prohibited; I find myself at a loss. If you would care to articulate specific "to the point" questions, I will try to answer them."In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist."
-Dwight D. EisenhowerComment
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I won't go into the "taken out a gun point" part of the question, as that is not addressed within the law. However, yes. An officer who observes firearms stored and being transported in a gun rack mounted to the rear bulkhead of a pickup truck, on the interior side of the rear window, provided the vehicle is being driving on a public right-of-way; does have probable cause and is within the law to stop the vehicle, and conduct an inspection to ascertain if the firearms are loaded or not.Comment
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I suspect it's basically the same as open carrying a firearm. Law enforcement can check to see if its loaded.Comment
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12031(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.Jack
Do you want an AOW or C&R SBS/SBR in CA?
No posts of mine are to be construed as legal advice, which can only be given by a lawyer.Comment
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Thanks for the quick answer. I would guess that if the officer suspected the guns were loaded, she would then also be worried about the quick access I would have to the loaded guns, thus the removal at gunpoint. I was used to living in Montana, where every truck had a rifle in the rack, and I had never heard of anybody being pulled over for it.I won't go into the "taken out a gun point" part of the question, as that is not addressed within the law. However, yes. An officer who observes firearms stored and being transported in a gun rack mounted to the rear bulkhead of a pickup truck, on the interior side of the rear window, provided the vehicle is being driving on a public right-of-way; does have probable cause and is within the law to stop the vehicle, and conduct an inspection to ascertain if the firearms are loaded or not."In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist."
-Dwight D. EisenhowerComment
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Just a suggestion BigJ, maybe you should put this in the "General gun discussions" section to get more exposure...
Thanx for the feedback FITH, thats good info to know. I usually put my rifles in a locked case in the back seat and put the ammo in the bed of the truck...sigpicComment
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Well as Dorothy said to her little dog Toto, "Toto, I don't think we're in Kansas anymore."Thanks for the quick answer. I would guess that if the officer suspected the guns were loaded, she would then also be worried about the quick access I would have to the loaded guns, thus the removal at gunpoint. I was used to living in Montana, where every truck had a rifle in the rack, and I had never heard of anybody being pulled over for it.
It's difficult to compare cross-cultures. And Mt is not CA, and vice-versa. Here in CA, part of the Hunter Safety curicullum advises against driving a pickup truck around with rifles or shotguns displayed as it looks "tacky" and may have negatative PR for hunters. Likewise with drapping your freshly harvested deer across the hood of you pickup truck, as you drive through town, school zones, residental areas, etc.
I think an even better reason is to avoid undesired and unintended "quality time" with LEO's. Unless you are into that kind of thing.Comment
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I learned the hard way, no doubt. Will never forget the "Quality Time" I had that day.Well as Dorothy said to her little dog Toto, "Toto, I don't think we're in Kansas anymore."
It's difficult to compare cross-cultures. And Mt is not CA, and vice-versa. Here in CA, part of the Hunter Safety curicullum advises against driving a pickup truck around with rifles or shotguns displayed as it looks "tacky" and may have negatative PR for hunters. Likewise with drapping your freshly harvested deer across the hood of you pickup truck, as you drive through town, school zones, residental areas, etc.
I think an even better reason is to avoid undesired and unintended "quality time" with LEO's. Unless you are into that kind of thing."In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist."
-Dwight D. EisenhowerComment
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