Legal ownership of guns when in the presence of police help

[SIGfiend]

1. When pulled over for a traffic stop does one have to tell the police if they have weapons in their car? What if they refuse to answer or lie? Is it a crime to do either? What if you have weapons in the car but they are in the trunk which are considered out of plain sight for the purpose of their cabin search? Can they forcefully enter the trunk without your permission if you say no?


2. I carry my handguns on me around my house. If I have to call the police to my house say for something like reporting stolen items of mine (which I've had to in the past) would I have to tell them I have a gun on me? If it is not concealed and I am carrying it around on my waist is it against the law to do so in their presence or can they force me to remove them?


Thanks, you guys are all a big help!

 

[redbearde]

Different states have different laws about informing an officer and about transporting weapons.

Know your state laws...including those states you don't live in but spend time in.

It is my opinion that surprising a police officer with my concealed weapon is a Very Bad Idea. When I have been pulled over in states where I am not legally required to inform Officer Sir that I am carrying......I still tell him when I hand over my license.

The most recent response was very reasonably, "where is it?", "okay please leave it holstered," and "thank you for letting me know".

www.packing.org might help you out.

 

[7mmsavage]

Best to be straight with them

I have been in this situation twice, both times in a car pulled for a minor traffic violations. In one case only the driver was carrying, in the other both the driver and I were carrying. Both times everyone was very upfront about having guns in the car, as in take them out and lay them out wher the officer could see them. The police checked the serial #'s and gave our guns back with no trouble. If an officer asks if you have a gun and you say no, I think you are really asking for trouble if they find one. I don't know if it's illegal, but he/she will surely think that you are hiding something and would definately be cause to search you and your vehicle.

 

[mnrivrat]

OK - I think I'll take a shot at this and see if I get it right.

If your firearm is being carried in the car by a person other than a person who has a permit to carry, then I don't believe you have a legal obligation to declare it to an officer. If an officer asks wether there are weapons in the car, I do not believe you are in most cases legaly obligated to answer, nor are you legaly obligated to allow them to search without a warrant.

If you are a permit holder, then in some states you are legaly required to notify the officer as soon as approached.

To legaly transfer a weapon for non-permit holders there generaly is a requirement that it be unloaded and in an inclosed case. Some states allow allow uncased guns and some states may also allow certain types of guns to be loaded.

Your second question regarding carry within your home. I am not aware of any state that has a law that prohibits a homeowner from being armed within his dwelling. (there may be some cities that prohibit ? ) I therefore believe the answer in general terms is that you are within your legal rights to be armed in your home, including during the presents of an officer.

 

[SIGfiend]

7mmsavage, I don't believe that making the officer think you are hiding something will justify their search. It is not a crime to look or seem suspicious alone; you have to have done something illegal or been implicated as having done something illegal to justify a search of your trunk area (or warrant)

 

[SWMAN]

2. I carry my handguns on me around my house. If I have to call the police to my house say for something like reporting stolen items of mine (which I've had to in the past) would I have to tell them I have a gun on me? If it is not concealed and I am carrying it around on my waist is it against the law to do so in their presence or can they force me to remove them?/QUOTE]

In DC its a crime to have a loaded weapon in your home, unless you're a criminal.

 

[Smokehouse]

Be polite, not submissive. Be courteous, but don't spill your guts. Provide information that will facilitate the result you desire from his presence(if you called him there). In short, think. Don't react. No brainer.

 

[spencerhut]

Been Pulled Over While Carrying

Situation #1 A couple of weeks ago I got pulled over for a minor moving violation. I did as I was taught in my CCW class, I said nothing to indicate I had a firearm and simply handed the officer my CCW along with my license. He continued to act as though he was going to write me until he unfolded and started to read the CCW. He paused for a second or two, and then said "have a nice day" and let me go.
Situation #2 Was discussed at length here http://www.thehighroad.org/showthread.php?t=279076
One thing I did not mention was the 911 operator insisting I put my weapon in the trunk "so the officer can feel safe" after they made us pull over and wait for the police. I refused to comply until the Sheriff was in sight. The Sheriff did not have a problem with my actions and did not have the slightest interest in my weapon. Once the report was taken he did not blink an eye as I re-armed myself in his presence before getting back in my car.
So 2 for 2 I've had the good fortune to have some nice and very reasonable LEOs to deal with.

 

[Black Adder LXX]

I haven't been pulled over while carrying yet, but I hear a lot of good responses from handing the premit to the officer WITH the license.

In FLA we're not required by law to notify if not asked, but if I get pulled over while carrying, I plan on giving the LEO my CCW permit as well. Most cops are guys just trying to do their job, why make the situation more difficult than it has to be?

But what do I know...

 

[Havegunjoe]

First, where do you live? Different laws in different states apply. Speaking for MN, #1, no, lying to a cop is against the law and you must answer truthfully if they ask, If you give them permission to search the car they can search the trunk too. If they are suspicious of something, probable cause, they can search the entire car but may have to prove before a judge they had probable cause later.

#2, You do not need a permit to carry a gun on your property. Unless the police are raiding your home for some reason they can only ask that you disarm in their presence. Your house, your rules, you don't have to.

I suggest you check out the laws in your state and perhaps take a course on CC even if you don't plan to get the permit. A good course should answer all of these questions and more.

 

[RNB65]

Call or e-mail your local district attorney's office and ask them your questions. They'll know what your state laws are and be able to give better guidance than a bunch of folks on the 'net.

 

[SIGfiend]

Haven, I live in Cali.

I thought that 'being suspicious' is not justifiable enough for a full search.

To everyone else who says the trunk is fair game if you give permission - true, but I am NEVER going to be stupid enough to do this.

 

[KingHugh]

Issue #1, legal or not, tell them. The more at ease the officer feels, and the more "respectful" you are, the better chance you have of having the stop "go your way". Be polite, turn off the engine, roll your window down all the way, keep your hands on the steering wheel, turn on the inside dome light if it's night time, advise him that you are armed as you are handing him your license and your permit. If you don't tell him, and he sees it accidently, you will spend some uncomfortable time until you can prove you are carrying legally. It may not be right, but average citizens cannot know the stress that goes along with approaching the unknown several times a day, where you could end up in a fight for your life in the blink of an eye. They deserve some slack for that.

As for in your home, you are calling him there to help you, why would you want to make him uncomfortable just because it's legal. Put a jacket on, or at least advise him at the door, before inviting him in, that you are permitted, and that you're carrying. What's the harm?

Remember, the vast majority of Police officers are just regular guys & gals doing a very tough job, and all they want to do is get home at the end of their tour. There are some jerks out there, no doubt, but most LEO's aren't looking to cause trouble for you.

 

[gotarheels03]

It may not be right, but average citizens cannot know the stress that goes along with approaching the unknown several times a day, where you could end up in a fight for your life in the blink of an eye. They deserve some slack for that.

I have a family full of cops and completely agree with this. Cops have to be on edge anytime they're on duty, and traffic stops are some of the most dangerous things they do because there are just so many unknowns involved in any one stop.

 

[newman32]

#1 is something I've thought a lot about too. In NJ, the only way for me to ever transport guns is unloaded, separate from the ammo, locked in the trunk. That's legal.

In a traffic stop, I would be legal, but I was never sure how to answer "are there any weapons in the car?" if asked. Sure, they are in the trunk locked away as prescribed by law - but would my answer to the affirmative lead to pat-downs, and searches?

On a related thread, someone said an answer like "there is nothing illegal in the car" might be a good answer. I don't know. I just drive extra careful in NJ when my gear is in the trunk.

God bless NJ.

 

[Aguila Blanca]

1. When pulled over for a traffic stop does one have to tell the police if they have weapons in their car? What if they refuse to answer or lie? Is it a crime to do either? What if you have weapons in the car but they are in the trunk which are considered out of plain sight for the purpose of their cabin search? Can they forcefully enter the trunk without your permission if you say no?

Are you asking about what to do when "transporting" firearms -- meaning they are in the car but not on your person, perhaps unloaded -- or are you asking about what to do if you are "carrying"?

Even the states that require LEO notification only require it is you are carrying. If you have a firearm in the trunk or in the lugage area of an SUV behind the rear seat, I don't think you are required to notify in any state.

However - I am not a lawyer.

 

[Im283]

If an officer asks if you have a gun and you say no, I think you are really asking for trouble if they find one. I don't know if it's illegal, but he/she will surely think that you are hiding something and would definately be cause to search you and your vehicle.

+1

Even if you do not know there is a gun in the car and they find it it WILL lead to trouble.

 

[elkhuntingfool]

In Utah....

I do belive that your CCP and DL are linked together. From speaking with LEOs - they don't like to be surprised that your a CCP and didn't let them know - I don't think it's a requirement, but it's been a while and I could be wrong. Either way - I hand them my CCP and DL if I'm carrying or not. I have been asked, but was not carrying at the time. I'm sure if I'm asked, they'll tell me the next steps and I will be happy to comply. I don't enjoy lying on pavement