Traffic Stop Transporting Firearms

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olds442man

New member
I am new to firearms and hope this question isn't too lame. If you are going to a shooting range and get stopped by a cop for a traffic violation, should you let him know you have firearms in the trunk? One friend says yes, another says no way. He thinks it may cause more problems than it is worth to offer that information if it turns out you were stopped by a cop that is a hardcase.

Anyone ever been stopped while transporting? How did you handle it?
 
assuming the firearm and ammo is stored in you trunk in a legal manner, no I would not inform the LEO. Should the LEO Ask if he/she can inspect/search your car, tell them , "Sure,,,,,, just as soon as you show me a warrent." when it comes to dealing with an LEO never volunteer anything. Here in PA we don't really have many issues with transporting firearm. It must be unloaded and the ammo stored separately. I can even have an AR in a tactical bag and loaded mags in the outside pockets,
 
I am new to firearms and hope this question isn't too lame. If you are going to a shooting range and get stopped by a cop for a traffic violation, should you let him know you have firearms in the trunk?
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NO You have no obligation to do anything other than giove him your Drivers License and Registration.

If asked answer honestly, " Yes officer they are unloaded and locked in teh trunk", and remember in CA all firearms must be locked in a case in the trunk and unloaded. Long guns don't need to be locked but must also be unloaded. Tell him/her you were on your way to/from teh range and you'll be asked what you have and here's your ticket, have a nice day.

The second you offer to a CA LEO there is a gun in your car without being asked you can bet he/she will ask you to get out of the vehicle with your hands where they can see them and will most likely search your vehicle, detain you, possibly take your guns, run a check to make sure they are legally in your posession. It will ruin your day.
 
This is a tough one to answer. If you tell the LEO that you have a firearm in the car, like others said, you may be in for a world of problems you don't need. On the other hand, if you don't tell them, and they search your vehicle, you will get that world of problems you don't need.

A family friend who is a LEO once told me it is better to notify the cop in a polite mannor as soon as he/she approaches the car to noticy him/her that you have a firearm in the vehicle, because if for some reason, they ask to search your car and you refuse, they may interpret it as probable cause that you are hiding something, and they are gonna search anyway.

The one time I got pulled over at a safety inspection spot check, I told the cop immediately as I handed him my license and registration that I had an unloaded firearm in a locked case in my trunk, and I was carrying a licensed handgun and I possessed a valid permit to do so. I also handed him my pistol permit when I gave him my license. Very politely, he asked me where I was carrying the pistol and I told him it was in a holster on my right hip, and he instructed me to pull it out with my left hand and hand it to him, butt first, which I did. He took it and secured it in his vehicle, came back with 2 of the other officers working the detail, and asked me to step out of the car and open my trunk. I did as instructed and he then instructed me to unlock my rifle case then step to the curb. I again, did as instructed. He opened the case, saw that my AR was seperated into two halfs and had a trigger lock on it, closed the case, then the trunk. One of the cops asked what I was doing with "hardware like that" and I told him I was coming home from the range where I was training for an upcoming shooting competition, and his reply was "Oh, ok". They then did their inspection, found no violations on the vehicle, ran my license which was clean, and confirmed my permit to carry was valid, and he returned my pistol, with the clip, removed to me. No problems at all. As matter of fact, he told me that I was one of the few people that notified him they were carrying weapons and cooperated like they should have. Then I was free to go. Maybe they were just being nice, who knows. All I know is, I told them, and I cooperated with them, in return I had no problems with them.
 
A family friend who is a LEO once told me it is better to notify the cop in a polite mannor as soon as he/she approaches the car to noticy him/her that you have a firearm in the vehicle, because if for some reason, they ask to search your car and you refuse, they may interpret it as probable cause that you are hiding something, and they are gonna search anyway.
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First of all, refusal to submit to a search is NEVER enough to be probable cause. The police cannot search your vehicle simply because you refused them permission. If they really think you're up to something, they'll likely call for a drug-sniffing dog to come check your car. I consider that a search without a warrant, but the courts disagree with me. If the dog doesn't "hit" on anything, you would likely be allowed to leave.

If the LEO asks, tell the truth - and make sure you're carrying the firearm in a legal manner. Don't volunteer anything. Don't ever submit to a search without a warrant.

They're our rights and better men than us have bequeathed them to us. If we don't exercise them once in a while, we'll forget how to use them or they'll just erode from disuse.

JMHO. :)

-Dave
 
Exactly. If they don't ask, you don't tell. If they do ask, tell them the truth. If they ask to search, you are under no legal obligation to do so w/o a warrant. You're not being a badass or anything, just exercising your rights. Now that's not to say in doing so, they won't cite you a ticket for something lame they happened to "find" wrong with your vehicle or anything else.
 
from Idaho to Nazi clark county

las vegas is in clark county. I live in the sub berbs; when we moved here 2 yrs ago, I wasn't in this county 24 hrs when I was stopped for driving to slo. I explained that I was new to the area, and was looking for an address. every handgun and long gun I owned was in the trunk, handguns in a locked case, rifles in their case, and in a silicone sleve.
he said "get out of the car" when I did, he immediately put me in a wrist lock, and pushed me to the front of his car, over the hood.
I want everyone to understand that I complied politely, and followed his commands with no arguement., I had no warrents, nothing was stolen ; then the big question "do u have any firearms in the car"? I said No. he asked, "do u have any firearms in the trunk"? I said yes. he asked how many. I said I had no clue. then he asked if he could look? I had nothing to hide; when he opened the trunk, he stepped back and whistled; he asked why I had so many firearms; I said because I'm from Idaho, I just moved here and haven't had a chance to un pack; thats when back up arrived; they unwrapped each and every firearm I had, more than 30 combined; he asked if I was a gun runner, where did i get all the guns, and on and on.
finally I convinced him I wasn't on drugs or alcohol, and wasn't doing anything illegal.
in clark county, you can carry as many firearms as u like inside a vehicle, under the seat, in the trunk glove box etc. but DO NOT get caught carrying one illegally; and when u move to clark county NV, u are required to take all firearms to the local cop shop, and get a back round check for both u and the firearms; if u pass, u get to keep your guns, if not, go directly to jail.
after all of this happened, I was up set. after living here for 2 yrs, I understand why those cops didn't take any chances; last night there was a shooting in our 'hood, 6 blocks away. the shooter decided to hide in our complex, with the guys he shot at chasing him. they caught up to him and beat the living day lights out of him. then the shooter jumped in his car, with the shoot ees in rapid pursuit;
I decided 2 months ago to never, ever, lv my house w/o my smith 45 auto, and my rem 760 with a 10 rnd mag. am I paranoid? I guess I am. vegas is at the top of the list for terrorist attack. what is happening to our country?
 
Required?

Even if the Cop asks you if you have firearms in the car would you be required to volunteer that information or answer truthfully? My first instinct would be to lie just to avoid the hassle. The moment you say you have a firearm he is going to want to search the car.
 
I've asked a couple of local LEO friends here about this question. All of them said it's generally better to disclose information about your firearm rite away. The really scary thing is that they said what it usually boils down to is the particular officer you're dealing with and how you come across.

I was stopped recently in my neighborhood, with no reason given, walking down the street and searched and asked questions by 4 police officers for a good 20 minutes. I was flattered(i was not carrying by the way, just giving an example). My friend on the other hand transports his gun in a back pack in the back of his car (not the trunk), and has never had a problem. Different officers, different parts of town, and while my friend is clean cut and sports a flat top, i am tattoo'd from my neck to my wrists.

Seems to me its something of a crap shoot. Some of the LEOs around here scare me, more than the thugs in the neighborhood i work in. At least i pretty much always know what to expect from them. Time to move.
 
In Arizona, while you are not obligated to disclose the possession of a firearm to a police officer, you are legally obligated to answer all question posed by said officer, truthfully. Thus, the first question a cop asks you is there any firearms on your person or in the car. ;)
 
olds442man,

First of all, in CA you are required to transport handguns unloaded, which includes the magazines of semi-auto pistols, in a fully enclosed container secured by a lock. The gun does not have to be in the trunk, but I suggest you transport in the trunk for the extra security.

Technically, locking an unloaded handgun in the trunk qualifies as a "secure container", even if the gun itself is not cased.

Now, if a police officer stops you for a traffic violation and asks if you have any drugs or weapons in the car, you can simply say "no sir" or ignore the question.

According to lawyers, you are not obligated to answer any questions the officer asks you, though for courtesy they recommend you do acknowledge if your license info is correct. Questions such as "why were you driving so fast?" or "Didn't you see the speed limit sign?" do not need to be answered. Nor do "fishing expedition" questions like "where are you headed?" or "Where are you coming from?" This also includes "do you have any drugs or weapons in the car?"

The last time I was stopped the lady officer asked me that and I paused, looked at her and asked "Isn't that a silly question? I mean, if I'm a bad guy, I'd say no regardless. But if I'm a good guy, I'll say no too. Are bad guys actually stupid enough to say they have dope in their trunk?" She laughed and said that she's made several busts because they really are that stupid. When she came back with the ticket she did ask again and I jokingly told her "No, unless you mean the 342 stinger missles in the back." She knew an obvious joke when she heard it. :cool:
 
I've asked a couple of local LEO friends here about this question. All of them said it's generally better to disclose information about your firearm rite away. The really scary thing is that they said what it usually boils down to is the particular officer you're dealing with and how you come across.
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This is fairly accurate. As a veteran LEO, I generally evaluated who I was dealing with before I asked them if there were any firearms in the vehicle. If they didn't appear that they would ever be a threat or that they obviously weren't up to illegal activity, I never even asked about guns. On the other hand, I have dealt with guys that even though I might have only been giving them a warning for speeding, there was something about them that made me want to know if they had a weapon before I went back to my car to run their ID.

There are some people that you 'just know' have guns in the vehicle. Not that you think they are criminals by any means, you just know they have them (probably like several members here). I would ask them just so I was aware of it, but many times it became a source of conversation and they showed me what they had and what their interests were. A lot of positive LEO-civilian interaction through these contacts and I was happy we had law abiding gun activists in our area and encouraged them to maintain their skills.

Like any profession, there are people that disagree about things. I know some officers that vigorously dislike guns and definately don't think civilians should own them. They will make an issue out of you having guns in the vehicle and treat you with suspicion or even contempt...fortunately this is a minority of officers.

To answer your question best from my own experiences...I would say don't tell me unless I ask...if I am concerned about it, I will ask. Tell the truth if asked. And, if your vehicle is about to get searched for whatever reason...tell me before I start...then we can deal with it up front and determine what, if anything, needs to be done from there. Good luck and take care.
 
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satan'sbountyhunter said:
To answer your question best from my own experiences...I would say don't tell me unless I ask...if I am concerned about it, I will ask. Tell the truth if asked. And, if your vehicle is about to get searched for whatever reason...tell me before I start...then we can deal with it up front and determine what, if anything, needs to be done from there. Good luck and take care.
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That's a good point that I forgot to address. If you consent to a search (which you should never do) or if there is probable cause for a search, tell the LEO exactly what they will find and where it is. If you're a law-abiding gun owner, you have nothing to fear and your honesty will go a long way with the officer.

satan'sbountyhunter said:
A lot of positive LEO-civilian interaction through these contacts and I was happy we had law abiding gun activists in our area and encouraged them to maintain their skills.
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A lot of us 'civilians' like to be referred to as Citizens. :) All the same, I wish there were more active-duty LEOs like you.

-Dave
 
In Arizona, while you are not obligated to disclose the possession of a firearm to a police officer, you are legally obligated to answer all question posed by said officer, truthfully. Thus, the first question a cop asks you is there any firearms on your person or in the car.
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Actually, that is incorrect. You are prohibited from lying, but you are not compelled to completely and truthfully answer. That would be a violation of your fifth amendment rights. You can refuse to answer, and by law the LEO cannot use your refusal to answer against you.

And to capt_Vin- your story makes me want to vomit. These "checkpoints" are crap. Since when is it reasonable for a cop to search your car when you have broken no law? And you think they were being nice?

I am not rude about it, but I do not answer questions, and I do not consent to search. I don't argue, I don't get smart. Remember that the only reason a cop is talking to you is because he is gathering evidence. There is no good reason to give him any.
 
Like any profession, there are people that disagree about things. I know some officers that vigorously dislike guns and definately don't think civilians should own them. They will make an issue out of you having guns in the vehicle and treat you with suspicion or even contempt... fortunately this is a minority of officers.
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Unfortunately, there is no way to tell when you are stopped whether the officer is pro or anti gun. Not long ago, a shooter here in the bay area answered truthfully that he had a couple of guns locked in his trunk -- a fact that should have been obvious as the officer sandbagged the guy coming out of the local shooting range -- and the officer had him open the trunk. The result, the last time I heard, was that this honest shooter had spent $12,000 to clear himself and get his vehicle and weapons back. Most of it was over a single "assault rifle" charge. It seems neither the officer nor the DA could identify a "permanantly fixed magazine" (requiring tools to remove) versus a detachable magazine.

Even if everything is 100% legal and above board, once your trunk is opened, an officer can detain you and spend 30 minutes or more pawing through your trunk not only looking at guns, but inspecting anything else.

If asked, I'll say deny I have any weapons, but if the officer then decides he's going to search the trunk (on whatever grounds) I will tell him one exists in the trunk, claiming that when he asked, I presumed he meant inside the passenger compartment. When he finds the locked case and demands the combination, we'll have a discussion about whether I need to divulge that information.
 
If I am pulled over when I have everything in my trunk, I will not volunteer any info unless the officer directly asks about firearms... just give them the DL and Registration and keep my mouth shut. If I am CCW, then yes, I would tell them with both hands on top on the wheel. I think most states with CCW permits, require you to tell a LEO that you are carrying should you be pulled over.

In California... I don't know. Assuming that the guns are legal (under the Peoples Republic law), I don't see any problems with being pulled over when you have guns in your trunk. Just drive the speed limit, use signals, and dont drive like Dale Earnhardt Jr on the highway and you won't have to worry about this.
 
If you have a CHL, I believe you need to show it with you DL when stopped by an LEO. If asked about a weapon, tell the truth. You either have one or you don't have one! If you ever lie and get caught, you are basically "dead meat"!
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Other than handing over vehicle registration, DL, and insurance. How would responding to any further questions by the cop by saying "Sorry officer, but I am not required to answer that question." Would this work?

Being from SoCal I would have to say do not tell them you have guns!
The usual questions are; where are you going, where are you coming from, do you have any warrants for your arrest. The one I can't remember is the one about the trunk. They ask if you have weapons or illegal items or some such nonsense in your trunk, but I don't remember exactly what.

The last time I was stopped I didn't have a trunk(truck). That was over 3 years ago, and for not having my head lights on.

I would have to say simply refusing to answer(remaining silent) is realy asking for trouble.
And criminals are not stupid, just ignorant like you and me.
If criminals were well versed in the law they wouldn't be having the problems they are having. As if you and I were well versed in the law we wouldn't be here discussing this would we?
But then neither are cops are they, that's why they always threaten you with taking you in for" obstruction". Obstruction of who or what I don't know but that's why they tell you when you insist on pressing your rights.:barf:
 
If Traveling Cross country for a Meet or Hunting Trip (Driving through many states) with an Unloaded WASR 22 and not one round of ammo in your Jeep Gand Cherokee, is there a chance you are breaking a law anywhere ? (And you have a spare 10 Rd. Magazine to go with the original 15 rounder for return leg of your Journey ???:D
 
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