legally being asked if you have a gun?

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Sniper X

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I am sure this has been asked ad infinitum, but I have never seen it here and can't seem to find it on a search. Is there any legal reason a police officer can ask you if you are carring a firearm, if you are not breaking any laws, and going about your daily business. And, are they, the police legally able to ask you if you have any weapons durring a trafic stop that has absolutely nothing to do with a weapons violation?
I live in NM and no one seems to know and I don't want to ask a cop because I have asked them legal questions before, and either gotton a wrong answer, or have been scrutenized undully for it.

Thanks!
 
I know I've been asked by the cops in Old Mexico, "You got anything illegal in there? Any guns? Drugs?"

Of course, I don't know if they were legally allowed to ask, but that doesn't count for anything in Mexico.

New Mexico, though, I don't know.

jitcrunch.aspx
 
Well, they can ask just about anything. You don't have to answer. They are just using the chit chat to feel you out.
 
Some states require you to inform a police officer of the presence of your handgun if you hold a concealed handgun permit.

I think there may be some states that also require you to identify yourself (and only identify - not blab everything from your horoscope to your shoe size), when directed to do so by a police officer.

Otherwise, you never HAVE TO talk to the police.
Its really a simple concept to understand.
 
They are the law. Telling the cop they can't do something makes for not fun times. It's usually better to hash it out in court later if it's really an issue.

I think the legal reason would be 'for their own safety' in this case.
 
Tell them, "No."

Always carry at least two. That way, you can answer honestly when they ask if you have "a gun" in the car.
 
I think the legal reason would be 'for their own safety' in this case.

I agree. Put yourself in the cop's shoes. If you TELL him or her that you have a gun on you, it probably puts them at ease ( a criminal would not acknowledge firearms possession). It's not legally required that I hold the door for a woman, but I do it as a courtesy. Likewise, it's not legally required in some places that you tell a cop that you're carrying, but I would do it as a courtesy.

If a police officer gives you that much of a problem, take them to court.

Remember, that in modern society, we're all ambassadors for our culture. If one of us acts poorly, it reflects on all of us.

Don't be a jerk to police officers.
 
And, are they, the police legally able to ask you if you have any weapons durring a trafic stop that has absolutely nothing to do with a weapons violation?

As others mentioned, some states require that you notify an LEO if you're carrying a concealed weapon. If your state doesn't have such a requirement, then you don't have to answer any of their questions. Don't lie (that can get you charged with obstruction), but politely refuse to answer.
 
Tell them, "No."

Always carry at least two. That way, you can answer honestly when they ask if you have "a gun" in the car.
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NOT a good idea. You may not need to answer but lying to the Police is against the law. And, word games will be frowned on, I am sure.

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They can ask you anything you want. You have no right not to be asked a question. Whether you respond is up to you. As was previously stated some states have laws requiring CCW holders who are carrying to inform the officer. However aside from that if you choose to remain silent, thats your right.

Of course there is the technical side and the practical side. There aren't many ways to not talk to a cop which aren't going to either raise his suspicion or make him think you're a jerk.
 
I'd say it depends on the state. For example, in Nebraska, if you have a CHP you are required to inform the officer (before they ask!) that you are carrying a gun during "official contact."

Regardless of right vs. wrong, legal vs. illegal, cops don't like being lied to (nobody does).
 
From http://www.dps.nm.org/lawEnforcement/ccw/docs/10.8.2NMAC_17Nov05.pdf :

"10.8.2.16

C. Display of license on demand. A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display his license to carry a concealed handgun."

So, yeah, it looks like you have to show your CHL on demand by the police. It doesn't say whether you have to say that you're carrying, just that you have to show your license when you are.

Putting 2 and 2 together, the officer will assume you're carrying, whether you show him or not. In Arkansas, whenever we run a DL it comes back as "Act 419" if the person has a CCW permit. You also have to display your license on demand, but it doesn't say you have to show your weapon or tell whether you're carrying. You be the judge of whether or not it's a good idea to do so.

If you're carrying with no permit, then you probably shouldn't be giving the police a reason to stop you. Yes, as an officer, I'm allowed to ask if you have cotton candy, elephants, hand grenades or any other weapons in your car. I can develop PC for a search from your reaction if other factors are present that I can articulate in a court of law.
 
"You may not need to answer but lying to the Police is against the law. And, word games will be frowned on, I am sure."

Lying to the police is NOT against the law. If it was, half the populace would be in jail. However, as part of the PATRIOT Act, lying to a Federal Agent IS against the law, but is mainly used to hold persons of interest, as is my understanding.

Lie to the cops all you want. They're used to it. There are cops in my family, and all of them subscribe to the premise, "In God We Trust, Others We Polygraph." Even if you ARE telling the truth, they'll usually think you're lying.

In Texas, it is heartily suggested that you tell an officer that you have a CHL and/or a weapon in a car. However, in the past, I have shown the officer my CHL, and have been asked, "What am I supposed to do with this?" Depends on your situation I guess...
 
Oklahoma requires notification if you are carrying with a concealed handgun permit.
Other than that My answer is "There is nothing illegal in my vehicle".
I also have a standard answer if they ask to search my vehicle, "No".
 
sacp81170a: C. Display of license on demand. A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display his license to carry a concealed handgun."

So, yeah, it looks like you have to show your CHL on demand by the police. It doesn't say whether you have to say that you're carrying, just that you have to show your license when you are.


There's a catch with that - New Mexico allows for carrying in your vehicle - anywhere - regardless of whether you have a permit or not.

So really under NM law - if you're pulled over, they'd have no reason to "demand" that you display your CCW license while a gun is in the vehicle.

That said...don't be a dick. If they ask you if you have a gun, tell them. And then also tell them you have your bible and are excercising your religious freedom (in case they wanted to know about other lawful activities you're conducting). :)

-Rob
 
TCA 39-17-1351.(n) (1) .... The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.

Tennessee's law.

From reading this it sound like if you don't have your handgun on you then you are not required to show a permit.
 
ArmedBear said:
Always carry at least two. That way, you can answer honestly when they ask if you have "a gun" in the car.
Wait, let me file that with phrases I must be sure NOT to use with the local and state police. Why do I think that answer would be a lot like buying a shovel, digging a six-foot deep hole, climbing in, and pulling the dirt down around me?
 
Tell them, "No."

Always carry at least two. That way, you can answer honestly when they ask if you have "a gun" in the car.

Ahh, nothing like law abiding citizens cooperating with law enforcement.
 
A good resource for each state's specific requirement on this issue used to be packing.org , but that seems to be down these days unfortunately. Anyone else know another site that shows state by state regulations so clearly ?
 
You may want to avoid defining "a" as "one." If you try the line suggested, here's what the prosecutor will say in court: "Did the officer ask you if you had 'ONLY one' gun in the car?"

In other words, it is just as easy for them to define "a"/"an" as "any" as it is to define "a"/"an" as "one."
 
Why not tell them?

As long as you are legally permitted to carry what's the harm?

Cops are on our side (at least I hope so) fellas, why not simply tell them the truth? It's not like they can do a damn thing about it either way as long as you have a permit and are behaving in accordance with the law.
 
A good resource for each state's specific requirement on this issue used to be packing.org , but that seems to be down these days unfortunately. Anyone else know another site that shows state by state regulations so clearly ?

http://handgunlaw.us/

Not quite as conveniently laid out as packing.org, but a good source nonetheless.

There's a catch with that - New Mexico allows for carrying in your vehicle - anywhere - regardless of whether you have a permit or not.

Good point. I didn't catch that while I was reading through their law. Kinda makes ya wish there was some kind of model CCW legislation, like traffic statutes. But then, that might make it easier for law abiding citizens to carry and there's some folks in positions of power that wouldn't want that, eh?

:rolleyes:
 
However, as part of the PATRIOT Act, lying to a Federal Agent IS against the law, but is mainly used to hold persons of interest, as is my understanding.
That is not correct. The statute that covers false statements to the government is 18USC1001, and was around long before the USA-PATRIOT Act. Further, it's not just a crime to lie to a fed LEO, but to make any false statement or misrepresentation of material fact. For example, if someone lies on the forms to get HUD benefits, or lies on the forms to get a security clearance, they are violating 18USC1001, even though it's not a LEO who takes those statements.

Again, not restricted to statements to LEOs, and it has nothing to do with the USA-PATRIOT Act.

People get charged/prosecuted for 18USC1001 violations regularly, and it has nothing to with merely wanting to "hold persons of interest."
 
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