What to say to a police officer

Personally, where I live, I'd just answer the question, if asked. "Yes, I have firearms in my car - I'm just coming home from XYZ shooting range.

Since I have a CC license, I disclose the fact that I have my carry gun on me or in the car. I'm not required to do this, but I do to avoid any problems. I don't know for sure, but I believe the cops have access to information on who has CC permits.

When I was pulled over a couple of years ago, I kept my hands on the steering wheel and after the officer approached my car and said what he had to say, I said: "Officer, I just want to inform you that I have a CC license and have a firearm in the car." He asked me where it was. I told him it was in in my glove compartment. The problem was that my wallet/license was also in my glove compartment (both had been locked in there while I was at the gym). So I just asked him what he wanted me to do. He asked if I would mind handing him the gun to hold until he was done. I just gave him permission to retrieve the gun and wallet himself. He was fine with that. He took the gun, unloaded it. When he was done he handed me back my gun, magazine and cartridges.

It's probably best not to keep your license in the same place your gun is stored. I personally just stay calm, remain reasonable and cooperative. I'm not suggesting that others do it the way I do, I might be a little too cooperative which could be a problem in some situations, but it's what works for me.
 
As has been answered already, your response will depend on local laws.
Click to expand...

I question that, and don't think it is a matter of state law. I think the unanswered question here is when you are pulled over, are you required to answer that question, and if you don't wish to answer that question, what answer can you lawfully give that does not cast suspicion on you for what would seem to be an inappropriate question? We all know that you do not have to incriminate yourself, but whether they act on it or not, their questions are aimed at getting you to incriminate yourself. "Do you know why I pulled you over?" "Where are you going?" "Where are you coming from?" "How much did you have to drink tonight?" It is Soooo..... easy to get trapped if you are not prepared. The reason you have the right to remain silent is so your attorney can tell you to shut up, and instruct you on what you are REQUIRED to answer.
 
Here in louisiana if you get pulled over they are gona ask if you have any dead bodies, bazooka's, or anything they should know about in your trunk. It's gona happen almost everytime. If you dont laugh or give a quick calm response then they have probable cause. They are looking for drug runners. It's a question they use to see how nervous you are. I'm sure other states have similar types of questions.
 
Tell him that he has Krispy Kreme powdered sugar on his uniform shirt.

Why would you fear a cop asking you whether you have a gun in your car?

BTW, if a cop suspects you have a gun in your car, he'll ask, "Do you have weapons in your car?"
 
As already said:

1. Supply the information required by the state law as a base of your response.

2. If it is the case that the police may remove you from the car or search it due to circumstances which they may think are legal, do you want them to find the gun as a surprise? Will that go well? You can always complain later.

3. Are you just making a point and willing to take the ride in the car, to the ground or to the morgue? Easy to say that here that you want a gun in your ear.
 
Have been considering possible replies to a cop asking "is there a gun (or weapons) in your vehicle?"

"of course! Don't you??"

"is yours broken? Do you want to borrow mine?

"if there isn't, then I want to report a theft!!"

"May I search YOUR car? for my own safety??"

etc.

Saying things like that, while amusing, may not end well, if the cop doesn't have a sense of humor...

Some states require that you inform the officer if you have a Concealed Carry permit (whether you have a gun with you, or not) by law. Others, in the modern age, show the cop you do have one, on their computer.

I'm retired, and other than Dr appointments, or going to a movie, there's no place I HAVE to be "on time". So, I could spend as much time with the nice officer as needed, without impacting my schedule much. And if I give the smart ass answers I'd like to give, I probably will be spending more time than needed. Unlike my younger days 40 some years ago, my car is in full legal operating condition (all the lights are there, and work, etc.) and I do have auto insurance. I even wear the damn seatbelt ALL the time. And, I haven't been stopped for any reason in years, but I'm ready, if I get the chance! :rolleyes:
 
As long as you remember everything you are saying in your nice chat can be used against you and will be if possible.

We must have lived in different areas. When I lived in Cali you didn't volunteer anything as they were looking for a reason to put you on the ground and search your vehicle prior to arresting you for something. if they pulled you over you were going to jail for something. Period.
 
You are not required to answer any question that could might implicate you in a criminal violation. There was a recent report of a young (black) woman who was stopped for a traffic violation. The young rookie asked her, "Do you know why I pulled you over?" (This is of course, asking her to admit to a crime, or to elicit a response, "Why no, officer, I have no idea," which allows the officer to say anything he wants to in court.) The young lady handed him her license and registration, and said nothing. he went to the passenger window, again demanding an answer, and becoming infuriated because of her refusal to respond. So he arrested her for "obstructing an officer", impounded her car, and hauled her off to lock up. A wise old sergeant asked her what happened, and when she told him, he arranged for her release, and "as a favor" released her car from impound "without a charge." She is suing. Maybe if she'd shown the arresting officer her bar card first....
 
Frank, what is the Penal Code section to which you refer? The only one I know about is what was formerly called an "e" check (before they renumbered the Code, and it is no longer subdivision (e) either). My understanding is that an officer was allowed to check a firearm in plain sight (i.e. carried openly) to assure that it was unloaded (i.e., in compliance with the ban on the open carry of loaded firearms), a code provision that since has arguably been superseded by the fact that it is no longer legal to openly carry an (unloaded) firearm. I have never seen that provision construed as permitting an officer to search a locked container without a warrant, any more than he can search your trunk without a warrant.

If this is permitted, then the best response is no response, or a question to the officer:" Is this is a traffic stop? Here is my license, registration, etc." Or perhaps, "I am not armed." The officer has no cause to inquire beyond that, and it is permissible to refuse to answer. Since I have seen many people on other California boards (including a well-known Southern California CCW instructor) opine that one must keep the firearm and the ammunition in separate containers , and both must be locked, I would not put it past an officer to have the same misinformed opinion and make an arrest because the ammo in the trunk (or in the passenger compartment for that matter) was not in a locked container.
 
You must log in or register to reply here.
Back
Top