Getting pulled over, weapons offenses.

[stlgunfan]

I read on here all the time about permit holders and interaction with law enforcement officers and alot of times they are not so friendly about it.

However as we see in ALOT of states alot of cops are not very familiar with carry, and gun laws. Whats the best thing to do if you are stopped and lets say for example you have a out of state permit like Utah for example. The cop doesnt have access to the computer data base in his car, and never saw a Utah or out of state permit before and says its not valid and arrest you for carrying a concealed weapon. Should you start lecturing him on the laws, and starting awnsering all there questions they ask you ect ect, or should you ask to speak with a lawyer first?

What is the best course of action if your arrested for a non violent firearms incident because of the way a LEO interputs the law?

 

[S&W 910]

i worry about that since i carry in Texas on a Utah permit

I keep a copy of the reciprocity agreement between Texas and Utah signed by the Governor

Thats all i can think of

 

[quatin]

Curious, what ARE the carry laws in Texas? I just read the "traveling" house bill that says as long as you are traveling, not a felon, have not committed a class b misdeamanor, not a gang banger and not have a HANDGUN in plain sight you can carry. Is this just handguns? What about rifles, can I be parked somewhere public and still be traveling? Can the rifle be loaded? Are there any specifics or is it up to law enforcement to judge your situation?

 

[stlgunfan]

I worry about the same thing too. Or forgetting my florida ccw permit and not having proof Im licensed when getting pulled over and arrested for carrying a gun. In MO the law states if you dont have your permit on you its 35 dollar ticket. I assume if they cant verify your permit they will detain you until they can prove it. Good thing about FL permit it has a number on the back from law enforcement to call. However as we seen on this board, and others law enforcement is terrible when it comes to knowing the firearms laws.

Here in MO the highway patrol has a cut clear manual explaining Missouris carry laws and traveling.

As you saw in my other recent thread about stl county police demanding that you have to prove you own the gun. However the highway patrol states no proof is required to have a handgun in your car and MO DOES NOT have handgun registration.

This is what is getting law suits against stl county police and another small city, and under USC 42 section 1983.

 

[wdlsguy]

I just read the "traveling" house bill that says as long as you are traveling, not a felon, have not committed a class b misdeamanor, not a gang banger and not have a HANDGUN in plain sight you can carry.

... a person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.

http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/pdf/pe.010.00.000046.00.pdf

Is this just handguns?

Yes. You are only presumed to be traveling if you meet those conditions. If the DA can convince a jury you weren't really traveling (e.g., you were on your way to / from the corner store for a gallon of milk) you can still be convicted of UCW. So you don't want to rely on this unless you really are traveling.

What about rifles, can I be parked somewhere public and still be traveling? Can the rifle be loaded?

The rules are much laxer for rifles and shotguns. It is generally okay to have one in your vehicle with you. They can be loaded and they don't need to be cased. Prudence dictates keeping them out of sight so they don't get stolen.

 

[dragongoddess]

ONe thing I would do is before traveling through another state I would check its firearm laws with the agency responsible. Its usually the state police. Get the info. Call and get verbal info and make sure you have all your paper work with you.