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Got pulled over on the way home from picking up a gun

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  • #16
    Josh3239
    Calguns Addict
    • Dec 2006
    • 9200

    Elnielsen, I have been here since 2006 and I have seen quite a few threads about people getting their guns confiscated. It seems like atleast half of them start with, "So I was driving... got pulled over... Officer asked if I had guns in the car... I didn't want to lie and I have nothing to hide so I said yes". Then comes the getting out of the car parts, having the firearm checked for whether it is loaded, run serial, sometimes confiscate. I remember threads, mostly about ARs. There was something about a Saiga, and the DOJ a few years back had a hard on for lowers. Search "milpitas".

    JS89, I am one of the most pro-LE, non-LE member here so don't take it as an attack. Police generally have a pretty good idea of the law but they aren't lawyers and many of them have the attitude of somewhere between I know the law and its up to the DA to prosecute. I have seen plenty of threads of LE clearly showing a lack of understanding of what is legal, giving out incorrect information, the occasional confiscation, requesting to see receipts for high caps, and running serials on rifles (non-AW aren't registered). So why would you confiscate? Well they are just doing their job, but not knowing the law. When I joined this forum an open magwell in an AR/AK/EBR ALWAYS meant AW. CGN will always be ahead of LE. LE don't keep up as closely as Calgunners do and many of them don't seem to be gun people. That isn't a knock on LE, that is just the way things are, they are a group united in enforcing the giant law book and we are united in everything guns. In this particular case, whether a gun is in the car or not has zero bearing in a vehicle that has a tailight out. I get that a lot of wanted people are caught from simple traffic stops or other silly reasons for LE to make contact and they usually then submit to searches or admit to warrants, that is just how your business works. But in this event, to answer that question, or answer that question honestly, or answer that question directly stands to put the citizen onto a rougher road IMO. Why does it matter if there is a weapon in the car? Are you phishing for a reason to search? Is running the plates or the ID not enough? Aren't CCW holders in CA required to notify the officer in the event of a stop? Shouldn't you treat all stops as potentially dangerous regardless of whether or not you ask or whether or not the answer is yes or no?
    Last edited by Josh3239; 04-30-2011, 11:16 PM.

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    • #17
      707electrician
      Veteran Member
      • Dec 2010
      • 2889

      Originally posted by JS89
      If you don't know if your gun is loaded or unloaded, then you're an idiot and should not be in possession of a gun. Especially, when transporting a firearm. For that, I would hope that someone gets caught with an "accidentally" loaded firearm being transported in their vehicle, because if you're that negligent with a firearm, you should not have one.
      Obviously that is just an example to get my point across. Surely you have never made a mistake in your life
      Brian Kelly

      PM me for electrical work

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      • #18
        safewaysecurity
        Calguns Addict
        • Jun 2010
        • 6166

        If the gun isn't in plain view then say " None that I can see "
        Originally posted by cudakidd
        I want Blood for Oil. Heck I want Blood for Oil over hand wringing sentiment!
        ^

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        • #19
          oaklander
          Banned
          • May 2006
          • 11095

          You are not required to say much. I support LE, and sit on the LE sub-committee of a large non-profit.

          That being said, there are some LEO's who are not as familiar with firearms laws as the rest of us are. The problem when you say more than you need to is that you then are putting yourself in the hands of someone who may not understand the law, does this not concern you?

          You sound about 24? Is this correct? Experience alone will tell you that even if you are 100 percent legal, it is best to avoid doing certain things. We older folks like to call this "common sense."

          Originally posted by JS89
          You would be amazed at the number of people who are stopped daily in California with firearms. In most instances, a quick check of the gun and that's that. Think about it, you are reading about stories on a website related to firearms. Most people are going to post their so called "horror" stories and not the "usual" encounter, so naturally all that you are going to hear about are the horror stories. Answer me this, what reason would someone have their gun taken away from them. Or better yet, what cause would a law enforcement officer have to take someones gun away from them if their is nothing illegal taking place? Maybe I am crazy, but I believe that honesty is the best policy.

          Comment

          • #20
            smith629
            Senior Member
            • May 2009
            • 885

            Norsemen308,
            I am also an NRA member but for this reason I did not put my NRA sticker on my truck. Being in CA I fear from "sticking out" in the city. Best to just read up on you rights and stand up for them. It sounds like you handled the situation correctly and kept the conversation to the subject at hand. It would be great if we had more definitive answers on this thread though, such as if there is a correlation between that particular question being asked & such a sticker on your vehicle, and what a proper answer would be, and if you even have to answer such a question. Would this same question be asked in say, the state of MT or WY if someone's truck had an NRA sticker on it? I mean no disrespect, just raising a point of discussion here.

            Comment

            • #21
              sdjetpilot
              Member
              • Jan 2011
              • 409

              I've got a lifetime NRA sticker in my car. I know my rights and I'm not afraid to use them
              The fear of weapons is a sign of mental illness.
              -- Sigmund Freud

              sigpic

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              • #22
                Norsemen308
                Senior Member
                • Mar 2011
                • 1922

                wow some one got pretty damn close on the age... but your off by a few years.

                anyways, after talking to some LE friends I think ill be removing my nra sticker, one buddy just told me of a case where people were tracking nra sticker'd cars to their homes and then waiting for them to leave for work...break in the front door and bring a gas torch and cut the safes open and jack all the crap... HOLY MOTHER... no thank you NRA proud member in my wallet....

                I wasnt raising a tiffy with this post, I am just saying when he asked me if I had guns I blanked... my gun in the truck was a c&R I have no paperwork on it, i have no clue how to prove I own it, and this guy is gonna want to see it if I say yes, so i pulled that line out of my ***** cause i didnt know what kind of LEO i was getting....
                Happiness is a WARM AR

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                • #23
                  TRICKSTER
                  I need a LIFE!!
                  • Mar 2008
                  • 12438

                  Originally posted by Norsemen308
                  wow some one got pretty damn close on the age... but your off by a few years.

                  anyways, after talking to some LE friends I think ill be removing my nra sticker, one buddy just told me of a case where people were tracking nra sticker'd cars to their homes and then waiting for them to leave for work...break in the front door and bring a gas torch and cut the safes open and jack all the crap... HOLY MOTHER... no thank you NRA proud member in my wallet....

                  I wasnt raising a tiffy with this post, I am just saying when he asked me if I had guns I blanked... my gun in the truck was a c&R I have no paperwork on it, i have no clue how to prove I own it, and this guy is gonna want to see it if I say yes, so i pulled that line out of my ***** cause i didnt know what kind of LEO i was getting....

                  First, you did fine with the stop. Long guns are not registered and you don't need to provide proof of ownership unless there is reason to believe that it is stolen.
                  That being said, did you get the name of the person that sold you the SKS or better yet, a bill of sale? How do you know that it isn't stolen?
                  Yes it is perfectly legal for private parties to sell/buy 50+ year old long guns, but that doesn't mean that you shouldn't CYA when doing so.


                  Never underestimate the power of stupid people in large groups

                  Comment

                  • #24
                    Roddd
                    Member
                    • Apr 2011
                    • 348

                    There's nothing wrong with telling an officer that "yes, I am transporting a firearm." that's not illegal. And the question of it relating to the stop, of course it relates. It's for my safety. I'm sure the officer caught your lie but didn't pursue it. He probably knew you were a law abiding citizen and didn't wanna press the issue. LE isn't out to confiscate your firearms. When they run the serial number, it's to check if the gun is stolen or not. I've recovered stolen firearms like that from people who thought they had legally purchased them. They didn't get in any trouble but the cases have led to some good investigations by detectives who find the dirtbags breaking into your home and mine and stealing our guns. Just my $0.02

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                    • #25
                      sdjetpilot
                      Member
                      • Jan 2011
                      • 409

                      Originally posted by Roddd
                      When they run the serial number, it's to check if the gun is stolen or not. I've recovered stolen firearms like that from people who thought they had legally purchased them.
                      Is this in Kalifornia? I though that what DROS was for?
                      The fear of weapons is a sign of mental illness.
                      -- Sigmund Freud

                      sigpic

                      Comment

                      • #26
                        707electrician
                        Veteran Member
                        • Dec 2010
                        • 2889

                        Originally posted by sdjetpilot
                        Is this in Kalifornia? I though that what DROS was for?
                        One reason, but a gun can always be stolen and reported after a dros has been done
                        Brian Kelly

                        PM me for electrical work

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                        • #27
                          bubbagump
                          Senior Member
                          • Aug 2006
                          • 2302

                          I don't advertise that I'm a gun owner. I keep my guns hidden or in the trunk.

                          If an LEO asks if I have guns in the car, I lie.

                          None of their business.

                          You handled it well.

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                          • #28
                            WDE91
                            Veteran Member
                            • Jul 2010
                            • 3513

                            I see no issues with how you handled it
                            you neither admitted or denied
                            "Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms." James Madison

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                            • #29
                              safewaysecurity
                              Calguns Addict
                              • Jun 2010
                              • 6166

                              Originally posted by bubbagump
                              I don't advertise that I'm a gun owner. I keep my guns hidden or in the trunk.

                              If an LEO asks if I have guns in the car, I lie.

                              None of their business.

                              You handled it well.
                              Wow.... that could potentially get you into alot of trouble.
                              Originally posted by cudakidd
                              I want Blood for Oil. Heck I want Blood for Oil over hand wringing sentiment!
                              ^

                              Comment

                              • #30
                                Roddd
                                Member
                                • Apr 2011
                                • 348

                                If you wanna avoid answering an officer and you're not under investigation, go for it. I'm sorry if people have a negative perception of LE.
                                Last edited by retired; 05-03-2011, 5:58 PM. Reason: clean up

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