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  • #16
    CBR_rider
    Veteran Member
    • Jan 2013
    • 2706

    Originally posted by smith629
    So basically what I'm understanding is its completely up to me how I answer.
    You got it. Those in/retired from law enforcement who stated not to lie and not to answer a question with a question are spot on if you don't want to prolong your traffic stop.

    As for me, I don't always ask people if they have weapons in the vehicle when I stop them; however, I do frequently ask it for reasons far less nefarious than trying to seize someone's legal weapons. I often ask "the question" if someone is going to be reaching around for paperwork, I am offering and/or making someone correct an equipment violation on the spot, I am going to allow them to be removing property from their vehicle before it gets towed, etc. so that way there are no surprises for any of us on the traffic stop. And sometimes I ask if I suspect they are coming from a gun range/hunting/etc just to see if I'm right while my partner runs their driver's license/checks paperwork/etc. I've learned about some pretty cool hunting/shooting areas by simply engaging people at work about common points of interest.
    Originally posted by bwiese
    [BTW, I have no problem seeing DEA Agents and drug cops hanging from ropes, but that's a separate political issue.]
    Stay classy, CGF and Calguns.

    Comment

    • #17
      DuneShoot
      Senior Member
      • May 2010
      • 1041

      To the LEO's in this thread I have often wondered what would YOU would do in this scenario:

      LEO asks if I have guns and I reply with "yes, locked up and unloaded" in a polite manner.
      LEO asks to see them and I refuse.

      What YOU do if a civilian refuses a search on the side of a road?

      Thanks for your opinions.

      Comment

      • #18
        goot16330
        Junior Member
        • May 2013
        • 80

        Originally posted by DuneShoot
        To the LEO's in this thread I have often wondered what would YOU would do in this scenario:

        LEO asks if I have guns and I reply with "yes, locked up and unloaded" in a polite manner.
        LEO asks to see them and I refuse.

        What YOU do if a civilian refuses a search on the side of a road?

        Thanks for your opinions.
        Since you (the civilian) just informed me (the officer) that you are in fact transporting a firearm, you do not have the option of giving me consent to search. It is my responsibility to ensure that the firearm is being transported legally (unloaded, in a locked container)

        Comment

        • #19
          DuneShoot
          Senior Member
          • May 2010
          • 1041

          Wow!
          Thanks.

          Comment

          • #20
            SDGUNS
            Junior Member
            • Nov 2008
            • 25

            Traffic Stops referring to guns.

            Most people are stopped for traffic violations, and usually that question never comes up or is there anything illegal in the car. Most officers consider that a fishing expedition. You have the right to refuse an unlawful search. On the other hand if it's in plain view, you have no choice. Most officers support the second amendment. All they ask is when they question you about a firearm that you maybe carrying exposed, don't play games and screw around. If you have a permit just show them. You can take a bad situation and make it worse. Especially when the person carrying the gun becomes evasive, defiant, hot tempered or angry. That could easily turn into a shoot out. For people like this, they should permanently yank their CCW permit for good. I hope this information helped.

            Comment

            • #21
              Ninety
              Veteran Member
              • Nov 2012
              • 4062

              Originally posted by goot16330
              Since you (the civilian) just informed me (the officer) that you are in fact transporting a firearm, you do not have the option of giving me consent to search. It is my responsibility to ensure that the firearm is being transported legally (unloaded, in a locked container)
              This is where the problem is.

              So answer truthfully and risk being charged with a crime b/c the LEO doesn't know all the thousands of laws in CA.

              such as loaded mag in locked container = unloaded firearm. We have all heard of people being charged.
              80% build with no serial numbers
              homebuilt AR pistol


              The problem with answering the question is it leads to search and possible confiscation.
              the officer is only doing his job. You must do yours as well. Exercise your rights.

              So to the LEOs and I agree Irish Joe's answer is a good one..

              How does "The fish aren't biting today sir" go over ?

              or the "I don't discuss the contents of my vehicle sir"


              We have all seen the video.. you are never 100% sure what is inside your vehicle unless you do a full search every time you get into it.
              NRA Member
              The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
              All that is required for evil to prevail is for good men to do nothing.
              -Edmund Burke
              I'd much rather go to my grave never needing my gun, than go there wishing I had it.
              - Phil Dalmolin

              The Battle of Athens was illegal too.

              Comment

              • #22
                ElDub1950
                Calguns Addict
                • Aug 2012
                • 5688

                Originally posted by IrishJoe3
                DB42 .....

                You are a perfect example of dictating the nature of the stop and where it goes.

                I don't understand why some people insist on creating drama in their lives.
                Agreed..it's amazing how many people would rather create a hassle for no real reason. Well, at least that's what they say they'll do when they are 4 beers into their 'keyboard commando' mode.

                Comment

                • #23
                  IrishJoe3
                  Veteran Member
                  • Feb 2009
                  • 3804

                  Originally posted by Ninety
                  This is where the problem is. So answer truthfully and risk being charged with a crime b/c the LEO doesn't know all the thousands of laws in CA. such as loaded mag in locked container = unloaded firearm. We have all heard of people being charged. 80% build with no serial numbers homebuilt AR pistol
                  The problem with answering the question is it leads to search and possible confiscation.
                  Originally posted by Ninety
                  How does "The fish aren't biting today sir" go over ?

                  or the "I don't discuss the contents of my vehicle sir"
                  Originally posted by Ninety

                  We have all seen the video.. you are never 100% sure what is inside your vehicle unless you do a full search every time you get into it.
                  [/QUOTE]


                  -IJ
                  Urban legends are a poor basis for making public policy.

                  Comment

                  • #24
                    budprop
                    Member
                    • Dec 2008
                    • 190

                    So on this topic, I drive a F-150 crew cab and have always wondered the best place to transport my rifle. Assuming I make no stops between the house and the range, should I keep it in a locked case in the bed, or in the back of the cab? I assume if it is in a locked case in the cab then it is "accessible" and subject to search, what if it is in the same locked case in the bed?
                    Democracy is two wolves and a sheep voting on what to have for dinner, Freedom is a well armed sheep contesting the vote.
                    Track the learning process http://blackriflebuild.blogspot.com/

                    Comment

                    • #25
                      IrishJoe3
                      Veteran Member
                      • Feb 2009
                      • 3804

                      Originally posted by budprop
                      So on this topic, I drive a F-150 crew cab and have always wondered the best place to transport my rifle. .,....
                      I stopped a guy like that one time, he had 5-6 rifles and shotguns loose on the front right passenger seat. Perhaps not the best idea, but legal, (for now).

                      Personally, I put them on the back seat or floorboards and throw a blanket over them in case I want to stop for coffee or gas or something.
                      Urban legends are a poor basis for making public policy.

                      Comment

                      • #26
                        aaaslayer
                        Senior Member
                        • Aug 2011
                        • 643

                        Originally posted by budprop
                        So on this topic, I drive a F-150 crew cab and have always wondered the best place to transport my rifle. Assuming I make no stops between the house and the range, should I keep it in a locked case in the bed, or in the back of the cab? I assume if it is in a locked case in the cab then it is "accessible" and subject to search, what if it is in the same locked case in the bed?


                        What he said....


                        I drive a truck too, when I go shooting, I transport all my firearms with the bolt back and a lock through them and in a locked case in the cab. They're "not easily accessible" as I would have to undo my seatbelt, climb to the back and unlock the case and then the gun lock. Is it okay to transport that way?

                        I also transport my ARs in guitar cases that are not locked, but the bolt on the ARs are locked back and have a lock through them. Is that okay?



                        One more question, how would you LEOs react to an AR if it is an 80% lower and you knew nothing about that? Would it be confiscated even though it is perfectly legal?


                        NOT ALL LEOs are gunnys and NOT all of them know their gun laws unfortunately, so I wonder how one would act if they were to encounter such thing. Perhaps you can ask some of your partners who do not know anything about that, how they'd react if they were to see a lower without a serial number. I would love to hear feedback from a LEO.


                        Thank you
                        Last edited by aaaslayer; 05-30-2013, 3:49 PM.

                        Comment

                        • #27
                          aaaslayer
                          Senior Member
                          • Aug 2011
                          • 643

                          Originally posted by PsychGuy274
                          I was stopped at a Border Patrol checkpoint and they asked where I was coming from. I told them that my friend and I were shooting down at Jacumba. He said, "Shooting? Do you have any guns in the vehicle?" I light-heartedly said, "No, we were just pointing our fingers and saying, 'BANG!'" He laughed, told us to have a good one, and let us go.

                          Another time I was pulled over for speeding and the officer asked for all my info. I told him it was in my glove compartment, but I preferred that he get it instead of me because I had a pistol in there (Colorado) and I didn't want him to think I was reaching for it. He just got the info, didn't say anything about the pistol and let me go.



                          Cool story bro.


                          I find that hard to believe.

                          Comment

                          • #28
                            hardlyworking
                            Senior Member
                            • Jan 2013
                            • 1210

                            Option A) You do in fact have guns in the car
                            What the cops seem to be saying is this:
                            Don't F' with me, tell the truth, because I'll know you are lying and then I'm searching your car.
                            Aaaaand, if you tell the truth, then they are obligated to search your car.

                            So, *because* they are searching your car essentially no matter what, you may want to take steps to protect your 4th, in the event that you wind up in COURT, which is by far the deeper waters to be swimming in.

                            Option B) You do not in fact have guns in the car
                            Cops are saying: Don't F' with me, tell the truth so we can both get on with our lives, instead of being a prick and saying "I don't consent to searchezzz!" and forcing some drama nobody needs.

                            Comment

                            • #29
                              Che762x39
                              Veteran Member
                              • Aug 2011
                              • 4538

                              You know I have been making traffic stops since 1978?

                              I never asked a stupid question in all those years. If I see a gun cleaning on your back seat or a handful of spent 22 cases on your floor mat, I will ask that question. If it appears you are hiding a joint, a can of beer, hiding something, anything I will ask.

                              Making a traffic stop at Florence and Normandie an hour after a shooting is a lot different from a traffic stop in Petticoat Junction six months after hunting season. YMMV

                              Comment

                              • #30
                                Ron-Solo
                                In Memoriam
                                • Jan 2009
                                • 8581

                                Originally posted by hardlyworking
                                Option A) You do in fact have guns in the car
                                What the cops seem to be saying is this:
                                Don't F' with me, tell the truth, because I'll know you are lying and then I'm searching your car.
                                Aaaaand, if you tell the truth, then they are obligated to search your car.

                                So, *because* they are searching your car essentially no matter what, you may want to take steps to protect your 4th, in the event that you wind up in COURT, which is by far the deeper waters to be swimming in.

                                Option B) You do not in fact have guns in the car
                                Cops are saying: Don't F' with me, tell the truth so we can both get on with our lives, instead of being a prick and saying "I don't consent to searchezzz!" and forcing some drama nobody needs.
                                Um, no, that's not what we are saying.
                                LASD Retired
                                1978-2011

                                NRA Life Member
                                CRPA Life Member
                                NRA Rifle Instructor
                                NRA Shotgun Instructor
                                NRA Range Safety Officer
                                DOJ Certified Instructor

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