What Can Happen to me?

Status
Not open for further replies.
A

al391-dan

Member
Joined
Nov 27, 2004
Messages
11
Location
Connecticut
Ok heres the deal im 17 and go shooting w/ my uncle sometimes i drive w/ a rifle ina gun sock and a shotgun broken down in its case all locked up. And i keep the ammo seperate in my range bag. What would happen to me if i was ever pulled over ( arrested, fined, firearms taken away). Just would like to know and i keep the firearms in my back part and the ammo in the back seat area. I also have a newsletter from the club to show where im going. Any local CT cops help me out here or any cops period, Thanks.
 
welcome to THR!

Just tell the cops that you can do whatever you like & if they don't like it you'll teach them a lesson :neener:

Just kidding :D

I would guess it would be better in the trunk all locked up,but I'm not sure. You can Call the range and ask them they might know.
 
Never ever ever ever consent to a vehicle search. Ever.


ever.


Ask any police officer on this board or any lawyer.

Seriously.
 
AFAIK (and IANAL), if you're 17, and on your own, and in possession of firearms, you're basically screwed. You have to be 18 to have independent control of long guns, and 21 for handguns, in many states, although some do allow leeway on this. Check your State's laws for details.
 
I concur with the above posts -- you are technically breaking the law. Maybe you have no evil intent, but governmental nannyism dosen't trust you to behave like a responsible citizen on the day before your 18th birthday. The day after, of course, you're a whole new person. :confused:

I would syggest that if you continue to drive with firearms in the car, that you keep them in the trunk, out of sight and out of reach, and you give the LEOs absolutely no cause to stop you.

You should also evaluate the question of who knows that you drive with guns in the car. Someone who doesn't like you could easily call the cops with your name and license plate number, spinning an anonymous Columbine fantasy in order to get you busted.
 
Wouldn't be an issue in Alaska, even with a handgun.
What Zrex said.
Never, ever, ever, ever, consent to a search. If the police have probable cause to search your vehicle, make them tell it to a judge in a search warrant application. If a judge believes PC exists based on the SW affidavit they'll issue a SW. Otherwise they are on a fishing expedition avoiding paperwork and hoping to get lucky due to your ignorance of or your failure to assert your rights.
 
If your state laws say you hae to be 18 to legally be in possesion of a firearm, then don't risk having one with you in a car. If you get cited or arrested for illegal possession of a firearm, it could haunt you when you become old enough to buy one on your own.

Even though you may be the world's safest driver and have a car that is in perfect operating condition, there is always a risk of being stopped. It may be because a car similar to yours is being looked for or you may fit the description of somebody the police are looking for.

As far as an LEO asking to search your car, I personally have no problem with being asked that. If they have a reason or suspicion to need to look and you refuse, it can pretty much screw up your day. If they decide a warrant is needed based on your refusal or their PC, then you can wind up sitting and waiting until a warrant is issued and gets there. In the meantime, you would most likely be viewed with suspicion and would probably be treated much differently than if you were to be cooperative.

If you have nothing to fear from a search, then let them do what they need to do and go on your way. There is nothing in my car or on my person that is illegal or would cause any problems if I were to be contacted by the police. I like to keep it that way. If I should ever need the police to help me, I don't want to be somebody who a cop remembers that I was the guy that caused them a bunch of trouble simply because I didn't wan't my car searched.
 
Problem asking here

is that what is legal in one state may not be in another

Best source would be a state issued booklet with hunting seasons, which probably lists firearms regulations (ours does)

You could also ask a game warden (they'd know for sure) or state police. Better make a phone call than lose your firearms and/or be arrested.
 
If they have a reason or suspicion to need to look and you refuse, it can pretty much screw up your day. If they decide a warrant is needed based on your refusal or their PC, then you can wind up sitting and waiting until a warrant is issued and gets there.
Click to expand...
If they have probable cause (i.e., maybe something as simple as perforated targets on the seat next to you) they won't be asking - they'll just go ahead and search. Your attorney will get to argue whether the search was justified in court. The important thing is, NEVER consent to a search. Don't physically resist if they DO search, but don't give them permission.

And as far as holding you while waiting for a search warrant . . . simply refusing to consent to a search does NOT constitute probable cause. Holding you there for an extended period of time while they allegedly wait for a warrant may be an attempt to provoke you into doing something stupid, but I believe there have been court decisions (don't ask me to cite them) that state they can't hold someone without PC. In this case, keep your mouth SHUT, and don't do anything stupid.

And as has already been said, you need to know what the actual LAW in YOUR jurisdiction is.
 
What if the cop asks if you have any weapons in the car? Does that give them cause to search the car even if the weapons are legal?
 
OK, guess I have to ask exactly why I should never consent to having my car searched if an LEO asks permission to do so.

I don't want to start an argument about this but I'm simply curious as to the reasons why!! :D

Guess I believe that if I have nothing to hide (and I don't) than I have no problem with cooperating. To me, refusing to allow a search (and I'm talking within the ontext of the original posters question) would simply cause a person to be detained until some decision is made by a senior LEO to go ahead with the search pending the arrival of a warrant. I would think the act of refusal would tend to cast even more suspicion on somebody and if there is nothing to fear, then why put yourself under the police microscope or at least becaome a bigger blip on their radar??
 
it seems to me that most often when a LEO asks to search your vehicle they are fishing for some charge to put on you. ever watch 'cops'? all the ones that agree to a search have something they thinkt he cops wont find. but they always agree to the search, assuming that their compliance will somehow make the cop search less effectively and therefore not find whatever contraband they are in possession of.

if a cop knocks on your front door and says "hey you're porch light isnt on, can i search your home?" will you agree to it?
i know, bad analagy, but if they have probable cause to perform a search or get a warrant, then by all means you should make sure they follow the letter of the law.

your refusal for them to search doesnt make you any more suspicious. they will search with or without your consent. but you shouldnt give up your rights in the process.


p.s. state law differs obviously, (regarding the original posters question), for example in alaska, i believe long guns can be possessed by 16 yr olds without supervision of an adult (it may be lower even, i forget) and i think its 18 for a handgun. federal law only applies to the purchase of the firearm from a licensed dealer.
 
If there is no reason to allow the LEO to search your vehicle, then dont let them. There are some tactics that are used that you may want to know. They might ask if you have any grenades, rocket launchers etc... in your car. If you answer NO then they will ask if you mind if they look just so they know. Its a trick and an obvious one. Never give consent to a search unless your positive that no one has left anything in your vehicle that you dont want found. Period.

There are laws limiting the time that they can have you stopped. In my state it is ABOUT 15 minutes or a reasonable amount of time to execute a stop and issue citations etc. This can only be lengthened if there is suffecient evidence to hold you longer for another crime. The smell of an intoxicating substance, smell of marijuna burning, etc... Things like reasonable suspicion that can lead to probable cause...

Its best to be safe. If legally you are not allowed to be in possession of a firearm without a parent or guardian with you then dont. Mistakes we make when we are younger can affect us when we are adults. Dont take the risk.

Good luck.
 
Most cops are cool if when they ask to search your car, and you say yes. I was 16, ran to a friends aid that was about to get his 5' 3" self beat up, called a couple friends, we met him at his work. I immediately had a friend pop his hood on his car, and I grabbed my 6 d cell maglite. Cops ended up coming, and before they got there, the maglite made its way back into my car. Other kids said I had a big black club, cop frisked me, then asked if he could search my vehicle. I sayed "yeah, go ahead" and threw him the keys. I had cigarettes, which I explained my sister and I share te car :rolleyes: and he finally made his way to my back seat, and saw the flash light. He grabs it, goes "that's a damn big flash light", looks at it for a second, then puts it back down, and tells me my tag is expired, and that if he catches me driving on the road, he will have to give me a ticket :neener: .

After that experience, cops can search my car whenever. I don't ever have anything illegal on me anyways, and my friends car was broken down at that time...
 
AFAIK (and IANAL), if you're 17, and on your own, and in possession of firearms, you're basically screwed. You have to be 18 to have independent control of long guns, and 21 for handguns, in many states, although some do allow leeway on this. Check your State's laws for details.
Click to expand...

Actually, that's incorrect for most states, though CT is stricter than the average and you are correct in CT's case

Federal law only regulates the possession of handguns. For long arms and handguns it regulates the sale. Under federal law you must be 18 to purchace a long arm and 21 to purchace a handgun, but you need only be 18 to possess a handgun, and there is no minimum age for rifle.

Under CT law you are held to stricter standards, you may not possess a handgun until 21 (sucks, only 18 in most states) and no long gun until 18.

sorry you live in the peoples republic of connecticut.
 
so what your saying victory is that it is legal for me to carry/transport a long gun w/ me at my age. Also do you live in this wonderful state that still has the assualt weapon ban in affect.
 
no, i am saying that while it is legal under FEDERAL law, CT law is stricter. It is not legal under CT law. Wait until you're 18. I personally live in PA, which has very lax laws.
 
If you are pulled over it would probably for a traffic infraction, 9 times out of 10 as long as you don't do anything STUPID to give them reasonable suspicion they can not detain you. If they have probably cause that a crime has been comitted then they can get a warrant or arrest you.

But then again I am not a lawyer or in law school.
 
Vermonter said:
What if the cop asks if you have any weapons in the car? Does that give them cause to search the car even if the weapons are legal?
Click to expand...
In California, as I understand it: "yes". If you respond that you have firearms on your person or in your vehicle, or if a cop otherwise has probable cause to believe that you do, then the cop gets to fiddle with your guns.

Specifically, P.C. 12031(e) states:
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.
Click to expand...

(P.C. 12031 is the section that outlaws the carrying of loaded firearms in most areas, with the usual exemptions for the King's Men and such.)

So, if you say "Yes, Officer Friendly, I've got my trap gun in the trunk", but refuse a consent search, the law explicitly grants the officer P.C. to arrest you for illegally carrying a loaded firearm. Charming.

-PH
 
Giff me your papers bitte !

Vas ? You do not vant me to search you? If you haff done nothing wrong then you haff nothing to fear. Vat are you hiding? Let me take a closer look at these papers now.......


How far away from that are we ? Be very afraid.

I fear for our country. :(
 
Status
Not open for further replies.
Back
Top