legally being asked if you have a gun?

[another okie]

In addition to what DMF said, you should check your own state laws to see if the busy little bees in the legislature have made it a crime to lie to a police officer in your state, and if you lie to cover up a crime or hide a fugitive, that probably is a crime.

 

[JerryM]

I am not sure under what circumstances a cop would ask if you had a weapon if you were just walking down the street.

As has been said, NM is a state with the law that your car is an extension of your home. You can carry a gun concealed or not, and loaded or not. If the cop ask during a traffic stop tell the truth, and follow his instructions. You do not need a CHL in your car, or to carry openly.

Jerry

 

[gezzer]

You have the right to remain silent; use it!

 

[wheelgunslinger]

Don't start something you can't finish, legally speaking.
Playing word games with officers is not the best idea unless you're better at it than they are. Are you?

I also almost always have a firearm with me on the seat of the car. I tell officers about it since I don't want them to be nervous. I'm nice until I have to not be nice. Give a cop a chance to be a nice person and he/she will usually do the same for you.

 

[Elm Creek Smith]

I was stopped by an Oklahoma Highway Patrolman for "speeding," and he didn't even want me to talk to him until I went back to his car. I got in the passenger side and handed him my driver's license and CHL. I quietly advised him that under the rules of the Oklahoma Self-Defense Act that I was legally armed. He seemed disinterested enough to hand me my CHL, and, while writing me a ticket for going six mph over the speed limit on the Indian Nations Turnpike he asked me if I was wearing a gun now. I allowed as how I was, and he inquired as to what it was. When I told him it was a S&W Model 13, he said that it was a good choice. That was the end of it.

About the "speeding" ticket, I decided not to fight it because I would have had to take at least a day off work to drive down to Pottawatomie County and might still lose and get a bigger fine and court costs. The problem with the ticket is that he used radar in a car that wasn't charging, just running off the battery, and his radios weren't even working right. I would have asked for the maintenance logs and calibration records for the car and the radar unit and probably have been tagged as a "smart-ass big city dude" by the judge. It was easier to pay the ticket. Sheesh.:banghead:

He never asked me if I had illegal drugs or bombs or anything, so he'll never know.

ECS

 

[jfdavis58]

I think your question is very strange.

I live in Albuquerque; have for 35 years.

NM is an open carry state and you can legally carry a loaded handgun (only) in your vehicle, concealed or not. In fact you could carry a loaded handgun, concealed or not on your motorcycle or your bicycle--the law says conveyance, not automobile; just don't dismount with it concealed and no CHL. There are some notable restrictions: tribal land, federal/military/scientific (national atomic labs) lands. And some gray areas: schools and surrounding areas are federal no gun zones, locally the conveyance rule is in conflict-CHL holders would appear to be allowed to carry in the car to pick-up/drop-off children at school-others are not allowed.

There are very few, if any questions that are 'out-of-bounds' for a police officer to ask-perhaps some obscure civil rights issue or personally invasive topics--but none come to mind. You are required to answer truthfully in any case.

If you have a CHL it will be flagged on your driving record and be revealed on a license check. Current thinking and teaching is to provide the CHL with the DL, VReg and PoI when requested.

How an officer proceeds once a weapon is determined to be present is discretionary to the officer. He has a legal right to secure the weapon if he desires-including the removal of the gun from someone's person who holds a CHL.

It's illegal to discharge a weapon from a vehicle.

The NM assault laws would seem to imply that brandishing a weapon, including everything from simple 'printing' to actually touching a weapon in a holster might be construed as criminal under the wrong circumstances. This really ups-the-stakes in an old fashioned argument!

The simple, easy way to get current thought and practice is to contact the department of public safety-they will work on a no-name or first name basis and are very friendly and helpful if you are direct and to the point with your inquiry.

NM has a terrible DWI/DUI problem; law enforcement is particularly concerned when youthful drivers, guns and alcohol all arrive in the same vehicle; they are particularly skeptical of drivers with guns in stops late at night.

 

[Soybomb]

Why not tell them?

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

Several members here have reported additional delays during traffic stops, being asked to step out of their cars, having their gun's serial numbers checked, etc. If guns are unrelated to the reason they're stopped, I can certainly see why they would not want to make an issue of them and lie to the officer and say they have no weapons.

 

[luzyfuerza]

jfdavis58 posted this: "...And some gray areas: schools and surrounding areas are federal no gun zones..."

One accomplishment of the Rhenquist court was to strike down the federal legislation that created "gun free" zones around schools. It's not a gray issue any more.

 

[Blackbeard]

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

Welcome to The High Road, Mr. Clinton.

Seriously, bad idea. Honesty is the best policy. Save the word games for the politicians.

 

[Flyboy]

One accomplishment of the Rhenquist court was to strike down the federal legislation that created "gun free" zones around schools. It's not a gray issue any more.

Unfortunately, it was struck down for not having a nexus in Interstate Commerce. The Congress, therefore, immediately re-passed it, including the words "Interstate Commerce."

Given the Raich ruling, I'd be inclined to treat it as valid law, unless you want to be a test case.

 

[thexrayboy]

Call your state representative. That's why they get the big bucks.

Better yet, write him/her. My experience is if I write (or email) I get a piece of correspondance back. Keep it in a safe place and use it if need be.

While it's nice to keep in touch with your reps to let them know you care about their actions they are not the ones to ask regarding the legality or illegality of an issue. Don't bother asking a LEO if something is or is not legal.
The person to ask is a practicing attorney, preferably the local DA or an Attorney with the State Attorney Generals office. These are the persons that decide if an allegation by LEO becomes a charge in court.

Cops can ask anyone anything they want to. In some states such as Nv. etc
that are covered by the Hiibel vs US case you must identify yourself. Beyond that your right to remaing silent is absolute. If however you excercise that right you can expect to be hauled into the station for questioning because you failed to cooperate with a LEO. This will be misconstrued as "obstructing an officer" it isn't but thats what they will call it. You will then be forced to play the expensive lawyer game. You will probably win eventually but your bank account will lose.

If an officer asks you a question answer it as briefly and succinctly as possible. Answer it honestly but do not add to or embelish your response in any way. If the officer asks "where are you going you answer "work". Not
" I work at Safeway and after getting gas and hitting the post office I'm heading there". Just say "work". If he asks "where?" Say, "Safeway".

Do not lie but do not give them anything but the shortest most direct answer you can. Doing this indicates cooperation but most LEO will not take the time to play the word games to get more info from you. Volunteering extra
info gives them details to use to fish even further. Deny them this.
If they persist in irrelevant questions ask the officer if your are under arrest. If he says "no", ask if you are free to leave. If he says no than you are being detained. Consider this the same as an arrest, say nothing and ask for a lawyer.

The guy behind the badge is not your friend when he stops you or asks you a question about any situatuion that you did not call the police about. His job is to find someone to arrest and you will do as well as the next guy.

 

[tkendrick]

I have serious doubts as to the integrity, much less the intelligence of anyone who would intentionally lie to a cop when asked this question.

I have been asked this question at least three times in the past 35 years, all three times I was carrying and all three times I said yes. It never once caused a problem.

My first assumption, were you to lie to me, and I found out about it, would be that 1. the cuffs need to go on, and 2. we're going to spend several hours finding out where you hid what-ever it is in your car that you are afraid of me finding. I am not, nor have I ever been a cop, after reading some these posts, I feel most cops a lot more trustworthy than some of you are.

 

[ilcylic]

JerryM: You have perhaps had better luck with officers of the law than I have. I have been stopped by police officers while simply walking down the street, with the whole hands on the hood pat down game as well. In Albuquerque.

ECS: I got popped in OK for doing 6 over as well. Likewise, the officer asked me back to his patrol car. He ran the serial number on my pistol, but only gave me a warning on the speeding violation. Guess it balances out.

 

[skinewmexico]

In NM, your car is considered an extension of your home, and it's legal to have a gun in your car, just like your home. In Texas, it's the law to present your handgun liscense to the officer when you are stopped, so I would.

 

[.cheese.]

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!

Varies on a state by state basis.

More importantly though, if they ask if you have a gun, and you do, and you're legal..... why not just say "yes"?

Saying "no" only lies to the officer and gives them a reason to distrust you.

The police are just men and women doing their job of trying to help keep us all safe. If the ask me, I'm totally honest. If I were them, I'd want to know too.

ETA: that wasn't very "legal and political" of me. sorry about that. I'll add by saying you should check packing.org, check the local gun store to see if there is a book on all of your state (and maybe more local) laws regarding firearms. I wouldn't just trust whatever some people say on a forum about something that could be the difference between a "goodnight officer." and "Why am I in cuffs?"

 

[Jack A. Sol]

ALWAYS TELL THEM NO. it doesnt matter what the law says or what the cop wants. nothing good can ever come from a cop knowing that you have a gun. ever. thats not legal advice, thats COMMON SENSE.

 

[kurtmax]

I don't answer any questions that officers ask me, except for giving them my driver's license (if I was stopped while driving), or telling them my name and address (required by state law). I don't remember if you are required to show an officer your pistol permit if asked, but I don't think you do here...

Police are trained to gain information from people by asking innocent questions or chit-chat. It's all a farce and they aren't just being friendly. They suspect you of commiting a crime.

If an officer asks me any question that doesn't pertain to the DL, name or address, I simply reply that I'm a 'law-abiding citizen going about my business'. As far as I'm concerned, that is all they need to know.

I've had officers ask for my ID and a bunch of other questions while I was on foot. I calmly tell them that I am not required to give them my ID, or answer their questions. So far they have left me alone after I tell them that.

 

[Soybomb]

I have serious doubts as to the integrity, much less the intelligence of anyone who would intentionally lie to a cop when asked this question.

How come? Is it really their business any more than its my business if you're wearing boxers or briefs that day?

 

[Blackbeard]

How come? Is it really their business any more than its my business if you're wearing boxers or briefs that day?

They're looking for your reaction to the question, not your answer. If you say "yes" or "no" you're fine. If you get nervous or give an evasive answer, he's going to get suspicious and it may be step out of the car time.

 

[LT1coupe]

I'm not sure what has happened to some of you guys, but I have almost always been treated with as much respect as I offered a LEO. Refusing ID is asking for trouble. I've only been stopped a couple of times since i got my CCW, but the instant they saw my CCW they treated me with less scrutniy than before. I've been told by more than one LEO in conversation that they automatically know anyone that has a CCW has a clean record & has taken the steps to carry legally. I have had a couple of bogus "fishing" stops claiming I rolled through a stop sign or crossed the center stripe when working late, but I also have a measure of friends that have been killed in alcohol related accidents so I don't mind too much....
Think about walking up to a car at night to talk to people that are never glad to see you, typically po'd that they got caught. I turn on my dome light, face forward & keep both hands high on the wheel. They appreciate it & I've had warnings instead of tickets for cooperating...