Disclosure of lawfully concealed firearm on a traffic stop

Status
Not open for further replies.
J

jeff_d_148

Member
Joined
Mar 4, 2008
Messages
33
If stopped by police for a traffic violation and the police officer asks if I have any drugs or weapons in my vehicle, I know that it is illegal to lie to them and I can be charged with obstructing.

But if I say yes then that gives police probable cause to search my vehicle.

Is it enough to respond, "I do not have any illegal contraband in my vehicle" or "I do not have anything illegal in my vehicle" and not say anything further in reference to that particular question?

It seems like a Catch 22 and a very good tool for LEOs to get inside your vehicle. Please do not respond to this thread by saying "Just cooperate, tell the police everything, and let them search your vehicle." I hold the bill of rights in too sacred a regard to ever do that.
 
I don't see why you think that legally transporting a firearm which you legally own would give anyone probable cause to search your vehicle.

I would not volunteer that I have a weapon unless asked. But if asked, I would answer truthfully and completely. I would also state I am in compliance with all applicable laws. If the officer then asked if he could search my car, I would respectfully say No. If he claimed probable cause, and attempted to search against my will, I would again state that I did not consent to the search and was in compliance with all laws, but I would certainly allow him to physically proceed. Hopefully he would have a dash board camera that would record me refusing the search. In any case, I would not try to stop the search. After he left, I would find a civil rights attorney, and file lawsuit for a few million dollars against the officer's police department and local government.
 
Keep in mind that the laws of many states require disclosure regardless of whether or not the question is asked. I suggest that you become informed about how things are in your state and in any state in which you are traveling.

If the question is asked, you must answer truthfully. Evasive answers are not likely benefit you. In some Federal scenarios not stating a material fact in response to a question can itself be considered a false statement. I don't have any idea whether that's true in local traffic stop situations.

Where I live there is no legal requirement to disclose, but my CCW instructor recommends it anyway. The officer may already know from your license plate that you are licensed, but he may not.

He also recommends that if the officer asks you to hand him the gun, you respond by saying that you prefer that he take it and telling him where it is--safer that way. He may ask you if you mind his putting on the back seat after the situation is resolved and the stop is completed--also safer.

Keep in mind that traffic stops probably involve the highest degree of danger that police officers are apt to encounter very often. I would much rather keep the officer's level of concern as low as possible than to add to it.

Remember, we pay these guys and gals to enforce the laws of our society, and there is no reason to make their task any more difficult.
 
Jeff,

You do not say what state you are in, but the question you are asking is going to depend entirely upon that answer. To my knowledge (IANAL, and all the usual disclaimers) it is not a crime to lie to a state leo in any state. Others may chime in with more info on that. It is a crime to lie to a federal leo, but that's a different scenario. As for whether or not you are required to inform during a traffic stop, that too is governed by your states laws. Some requie it, some don't. Others require that you inform if asked. You need to consult your state laws or post your state here so someone with local knowledge may be able to help.

I.C.
 
The same questions or statements rephrased/hashed on a daily basis ... search and read the previous threads, polls, etc.

Then do what you please and accept the consequences of your actions. After all ... it's your "right".
 
I've wondered the same thing after a very poor experience with a traffic stop. I was truthful and the patrolmen commented more than once that I was very cooperative. I've thought more than once that for all of my truthfulness and cooperativeness, the only thing that didn't happen was that I didn't go to jail although I don't know what their reasoning would have been for that.
Long and short, I too have wondered when answering that question about just saying no. You aren't under oath and it would give them one less reason to search your vehicle.
 
I wouldn't recommend lying. But why say anything at all? You aren't under an obligation to answer his question.
 
But why say anything at all? You aren't under an obligation to answer his question.
Click to expand...

There it is. You are only required to identify yourself. If you are getting a ticket you should sign it, failure to do that can get you arrested.

Other than that there is no need to even have this conversation.

Except of course in states like Texas and some others where it is required that you notify if you are carrying with a permit.
 


In several states, and Texas is one, you are required by law to provide that information and your CHL if you are carrying concealed or have of handgun on or about your person. Oddly, if you are not licensed, Texas law does not require you to admit to having a handgun in your vehicle. Also, under Texas law, all long guns are not regulated; their possession, loaded or not is legal.

​
 
Last edited:
In Colorado if they ask you have to tell them. If I'm asked I don't say a word I just hand them the permit.

If they ask to search the car I politely decline and ask to speak to a lawyer.
 
Sometimes the quickest path isn't the right path.
Click to expand...

For me, whatever it is that properly minimizes the delay is the "right path", and getting home without a traffic ticket would be an added bonus.

However, I must admit that I don't understand your comment. Maybe I'm missing something. :confused::)
 
Do you think that's the quickest way to get home?
Click to expand...

I honestly don't care if it's the quickest way home. If I give consent to a search I've given away any legal protection I have. I don't know the cop that's searching my car, I don't know if he's crooked, or trying to enhance his reputation by planting drugs in people's cars. So the smartest thing I can do is ask to speak to my lawyer and let her sort it out?
 
For me, whatever it is that properly minimizes the delay is the "right path", and getting home without a traffic ticket would be an added bonus.

However, I must admit that I don't understand your comment. Maybe I'm missing something.
Click to expand...

There is NEVER anything to be gained by voluntarily giving up your Fourth Amendment rights. YOU may believe that you are 100% guilt free but it only takes one bad cop, one mistake, and you could be in a world of trouble.

Just last week we read of a woman who told LE she had a handgun in her trunk and the cop shot himself with it trying to unload the thing. Why open that can of worms?

Why would you ever put yourself in that position, especially for such a simple reason as getting your trip over a couple of minutes quicker?
 
Polite but not especially helpful is where I come down on this one. Just on principle I will not give up civil rights, no matter how convenient.
 
Disclosing a legal firearm is not cause for a search.
Click to expand...
Except in CA.

CA law allows LEOs the right to search & examine firearms in order to ensure they are not loaded.



CA Penal Code 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.
 
And once again, here we go....

WHY is everyone of the opinion that EVERYTIME you come into contact with a cop, that the following applies:

1. We are all JBT's...
2. We want to trample on your rights...
3. We would think nothing of stealing your belongings...
4. We will tune you up if you protest...

ARRRRRRGH!!!!!

Now before we trot out the Supreme Court and case law about this one, let me tell you how to get through this THORNY PROBLEM :rolleyes: unscathed, and without undue delay.

1. FIRST AND FOREMOST, IF YOU DON'T WANT TO GET PULLED OVER, DON'T BREAK THE LAW.

2. Read #1 above at LEAST 20 times. Got that grooved into your memory? Good.

3. Pencils have erasers for a reason: Human beings make MISTAKES.

So: if you have a carry permit, then BEFORE you hand them ANYTHING, or reach for ANYTHING, state the following: "Before I reach for my license, I want you to know that I am legally armed, with a permit, and I have the firearm on my person. What do you want me to do?"

If for some reason you have a firearm without a permit, ensure that it is boxed up, and placed to prevent ready access to the operators of the vehicle. It must be unloaded, also. Store ammunition separately.

If you are asked if you have guns in the car, say "Yes, I do. I'm just coming from (going to) the range/my new home/the gunsmith/my buddy's house/etc. They're unloaded, and in the back."

To the original poster, forgive me from saying so, but it sounds like you are saying behind the lines that you may have something to hide. Well, if this is the case (and I'm not saying it is), then DON'T CARRY A GUN, AND YOU DON'T HAVE TO WORRY ABOUT IT!!!

OK. So now that we're done with THIS one, can we skip the inevitable cop bashing and go on?
 
Status
Not open for further replies.

Similar threads

N
  • Locked
Virginia and 4th Amendment.
Replies
6
Views
593
David Park
D
B
  • Locked
Are police allowed to look in locked compartments at traffic stops?
2
Replies
43
Views
8K
Art Eatman
A
M
  • Locked
If LEO asks if you have firearms during a Terry stop
2 3
Replies
65
Views
3K
Art Eatman
A
S
  • Locked
Refusal for Search question
Replies
12
Views
543
yy
Y
S
  • Locked
Guilt by association...
Replies
19
Views
933
El Tejon
E
Back
Top