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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #41  
Old 02-21-2013, 9:29 PM
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Quote:
Originally Posted by taperxz View Post
Worst answer ever!!! They didn't ask you if you had anything illegal in your car! Firearms properly stowed are not illegal.

This answer just raised the idea of a lie.

The best answer is silence or " i do not wish to discuss the inventory of my vehicle." If they begin to search, you tell them you do not consent to a search.
Because you don't think that will get their attention?

Really, you need to think this through a bit better.
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  #42  
Old 02-21-2013, 9:30 PM
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I've never been asked about firearms in my car. When ever I'm pulled over the officer always seem relieved to see a young white guy, dressed nice, short fade hair cut, hands on the wheel and polite additude. The last 4/5 times I got pulled over I was let off with a warning. Somehow CHP's always let me go with a warning. I really like those guys.

Last edited by North Bay Guy; 02-21-2013 at 10:08 PM..
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  #43  
Old 02-21-2013, 9:37 PM
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Originally Posted by ogarcia_02 View Post
Don't forget to add the "pig, oink oink oink" at the end
Oh yes...I laughed til I cried when your post. Sniff....sniff, is that Bacon that I smell.
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  #44  
Old 02-21-2013, 9:39 PM
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Officer you do know in california when fishing you are required to have your fishing license visible
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  #45  
Old 02-21-2013, 9:39 PM
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Originally Posted by ogarcia_02 View Post
Don't forget to add the "pig, oink oink oink" at the end
And remind him you pay his salary.
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  #46  
Old 02-21-2013, 9:46 PM
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It happenef to a girl I know. She was probably speeding which prompted the stop. Cop asked if she had weapons in the car. She said yes. And probably told him its in the trunk. She was an avid shooter, every Friday night! Anyway, the cop wanted to search her car but he was in a conundrum. Policy stated he needed to have a partner present if guns were known to exist. I don't know what happened. A backup probably rolled onto the stop, but she was legal so. The worst thing she'd get was a speeding ticket.

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  #47  
Old 02-21-2013, 9:46 PM
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^^^ That would be great.
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  #48  
Old 02-21-2013, 10:05 PM
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Quote:
Originally Posted by bohoki View Post
you say no
any other answer might give probable cause to use the unconstitutional loaded check
^^^This^^^ It is not illegal to lie to a non-federal LEO during a traffic stop. Only if it elevates to an actual investigation, not a fishing expedition. It could cheese of the officer if they find out during a search but that's why you say out loud "I do not give consent to search me or my property".
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  #49  
Old 02-21-2013, 10:09 PM
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I keep a box of donuts in my glove box, when the cops flash their lights behind me I throw the donuts out the window...haven't gotten a ticket in years
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  #50  
Old 02-21-2013, 10:17 PM
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Originally Posted by penguin0123 View Post
Sir, we are going have to ask you to come back to the station on suspicion of firearms theft.
"If you want my azz back at the station then make an arrest, Bucko"
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  #51  
Old 02-21-2013, 10:23 PM
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Originally Posted by Tincon View Post
And your lawyer has something to challenge later. Do you have a better answer?
I can't afford a lawyer..... My better answer is no, unless I'm 100% certain there are no weapons in my vehicle then I can afford to try to exercise my rights protected by the fourth and fifth. This isn't the land of liberty I was indoctrinated it was.
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  #52  
Old 02-21-2013, 10:30 PM
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I got asked a more specific question: "Do you have any machineguns or hand grenades?"
I did not, so I said no. The officer then told me to remove the tow ball from my rear bumper because it was obscuring the license plate.
Anyway, it's a trick question. Think about it.
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  #53  
Old 02-21-2013, 10:32 PM
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Default WHY YOU DON'T LIE

Quote:
Originally Posted by gobler View Post
^^^This^^^ It is not illegal to lie to a non-federal LEO during a traffic stop. Only if it elevates to an actual investigation, not a fishing expedition. It could cheese of the officer if they find out during a search but that's why you say out loud "I do not give consent to search me or my property".
First off, it may or may not be illegal to lie, but it absolutely can, and probably will, be used against you in court. For example, they ask if you have guns. You lie and say no. They develop PC for whatever reason, they search, they find a featureless AK with a detached grip in another bag. They arrest you for attempted possession of an AW. At trial they need to prove intent, or a guilty state of mind. Well gee, I wonder how they might do that. Officer testifies, I know he was trying to do something illegal, because he lied to me about having a gun. Think an LA county jury might find that persuasive?
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  #54  
Old 02-21-2013, 10:32 PM
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I'm fond of, "Officer, on the advice of my attorney I exercise my 5th Amendment right to just shut the phukk up!"
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  #55  
Old 02-21-2013, 10:37 PM
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Quote:
Originally Posted by penguin0123 View Post
Sir, we are going have to ask you to come back to the station on suspicion of firearms theft.


If you are asked "Do you have any weapons in your car?" Can't the answer be "No, I don't have any weapons in the car". Since the weapons would be locked in the trunk wouldn't that still technically be telling the truth? I mean, in my car, is different than in my trunk. When we say I got in "my car", we know that doesn't mean in "my trunk".
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  #56  
Old 02-21-2013, 10:47 PM
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Originally Posted by jcwatchdog View Post
If you are asked "Do you have any weapons in your car?" Can't the answer be "No, I don't have any weapons in the car". Since the weapons would be locked in the trunk wouldn't that still technically be telling the truth? I mean, in my car, is different than in my trunk. When we say I got in "my car", we know that doesn't mean in "my trunk".
You're joking, right?
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  #57  
Old 02-21-2013, 11:27 PM
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Originally Posted by Foreman View Post
You're joking, right?
Not really. When police want to know about weapons, possibly for fear of their own safety, they won't really care if you have any in the trunk. If you can't access the weapon, it shouldn't be a safety issue. "In the car" and "in the trunk" are two different things.
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  #58  
Old 02-22-2013, 1:53 AM
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i like to ask questions back.

the last time an officer pulled me over i was just leaving the clay pits and almost to 99, half deaf from an ear plug that wasnt properly seated and he asked if i had any firearms in the vehicle i simply asked him
"Why?" in a calm and collected voice
his response was "for officer safety"
so i asked him "is there any reason you are feeling uneasy or anything leading you to believe there is a firearm in the vehicle?"
his response was "No", and that part of the conversation was over. done with, and nothing more.

i put him in a place where he would have to come up with a good reason for asking his question and made my point as well that there was no reason to fear pulling me over for going 5mph over the speed limit, got my retarded ticket and went home to clean the pile of rifles in my truck.
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  #59  
Old 02-22-2013, 2:25 AM
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The favored stand-bys: "the dog alerted" "furtive movement" "acted suspicious" are the old line qualifiers. Possibly to be lost in court, but guess who bears the cost? I am reasonably certain that is not what the founders intended.
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  #60  
Old 02-22-2013, 4:22 AM
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I think a key is if they ask about firearms / guns OR weapons.

If it's phrased as weapons you're in the clear to say no. A firearm is a tool and only a weapon used as such just like a hammer or shovel.
If phrased as guns you should be able to safely say no because lying to a cop is not illegal unless part of the investigation of a crime.

That may get your interaction with the gestapo done soonest.

Any wonder why the police are no longer the friend of law abiding citizens?
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  #61  
Old 02-22-2013, 4:34 AM
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Originally Posted by cmichini View Post
I think a key is if they ask about firearms / guns OR weapons.

If it's phrased as weapons you're in the clear to say no. A firearm is a tool and only a weapon used as such just like a hammer or shovel.
If phrased as guns you should be able to safely say no because lying to a cop is not illegal unless part of the investigation of a crime.

That may get your interaction with the gestapo done soonest.

Any wonder why the police are no longer the friend of law abiding citizens?
Dam right, cmichini. They have been unleashed upon us by the politicians as just more bureaucrats crawling around our insides looking for "violations" -- read that, funding.
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  #62  
Old 02-22-2013, 6:07 AM
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Originally Posted by penguin0123 View Post
Sir, we are going have to ask you to come back to the station on suspicion of firearms theft.
am I under arrest? I want to speak to a lawyer.
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  #63  
Old 02-22-2013, 6:15 AM
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I'm afraid i'll probably keel over and die of a massive heart attack if i'm ever pulled over and asked if I have any firearms in my car...mainly, because in over 40 years of driving I've never been asked that question yet during a traffic stop, even though it comes up on Calguns every full moon

In fact, I've never had a situation where my traffic stop turned into anything more than whatever I was pulled over for...never been asked to search either

I must be driving the wrong roads or something...where is all this adventure happening that I'm missing?
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  #64  
Old 02-22-2013, 6:23 AM
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Originally Posted by dave1947 View Post
Officer you do know in california when fishing you are required to have your fishing license visible
this ha ha ha
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  #65  
Old 02-22-2013, 6:35 AM
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I would fall back on "Officer, what has that got to do with the reason you stopped me?"
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  #66  
Old 02-22-2013, 6:36 AM
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Originally Posted by dustoff31 View Post
This ^^^. I drove in CA for 20 years as a resident and another 20 as a non-resident/visitor. Not once have I ever been asked about guns in the vehicle.
I have been asked "do you have anything I should know about in the car" before. I was in high school at the time. I told them no, and they proceded to search my car anyway. I had some cammies and a gas mask in my trunk that was still in there from Halloween, and they asked all kinds of questions about that stuff. They didn't find anything illegal, and let us go, but it still sucked.
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Old 02-22-2013, 6:51 AM
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after being stopped sunday morning pulling into a harbor freight because my windows were to dark ,moved from arizona and never changed the windows, after seeing my sass ,nra and bass stickers they ask is i had any guns in the car .
no guns or fishing poles
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  #68  
Old 02-22-2013, 6:53 AM
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Strange thread, I didn't know so many people were carrying illegal items in their car that they had to figure out a way to deceive a cop. BTW, if they want to search the car the will, if you give them smart answers you can bet they will, if you don't consent and they still want to search be prepared for a tow truck. In 50 years of driving I have never been asked if I had guns or illegal items in the car when I was stopped. I guess if you are wearing a hoodie, have tats all over your face and have a bad attitude you are going to be searched.
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  #69  
Old 02-22-2013, 7:00 AM
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I have a question that's a little off topic, but still relates. If you're going to/from the range, etc with your guns in a pick-up, is it ok to have them in the cab as long as they are in a locked case? If you have a soft case instead of a hard case (for rifles), is it legal to have a cable lock through the mag well (bolt action)? What about if you have a lever action rifle in a soft case, you can't really put a cable lock through a lever action?
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Old 02-22-2013, 7:03 AM
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I've only been asked this once, and it was probably 20 yrs ago.

His exact question was phrased "do you have any guns, drugs, bazookas, or atom bombs in your car?"

My exact response was "bahaha. Are you calling my fat boy?"

He laughed. I laughed. I still got a ticket. It was for tinted windows.

No big deal.
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  #71  
Old 02-22-2013, 7:03 AM
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This is a no brainer.

Cop: Do you have firearms in your car ?

Driver: No.

Cop: May I look in your car ?

Driver: No.

Cop: Are you refusing to let me look ?

Driver: Yes.

Cop: I can get a warrant.

Driver: Go ahead, I'll wait.

It's just that simple.
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  #72  
Old 02-22-2013, 7:05 AM
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Originally Posted by JDay View Post
You are under no obligation to say anything to the police. If you get pulled over just hand them your license, registration, and proof of insurance.
"Just say NO"
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  #73  
Old 02-22-2013, 7:13 AM
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Gee, these are really useless threads.
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Old 02-22-2013, 7:15 AM
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Just say no. I made the mistake of saying yes once. Then I was asked if they were all registered to my name and I said no two are registered to my dad. Then he took all 4 guns out of the cases put them in his trunk and it took me 3 weeks to get an apointment to get them back

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  #75  
Old 02-22-2013, 7:18 AM
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Originally Posted by jcwatchdog View Post
Not really. When police want to know about weapons, possibly for fear of their own safety, they won't really care if you have any in the trunk. If you can't access the weapon, it shouldn't be a safety issue. "In the car" and "in the trunk" are two different things.
Your logic is flawed. The trunk is part of the car; therefore, anything in the trunk is in the car. There can be things in the car that are not in the trunk.

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  #76  
Old 02-22-2013, 7:19 AM
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Quote:
Originally Posted by 64physhy View Post
I have a question that's a little off topic, but still relates. If you're going to/from the range, etc with your guns in a pick-up, is it ok to have them in the cab as long as they are in a locked case? If you have a soft case instead of a hard case (for rifles), is it legal to have a cable lock through the mag well (bolt action)? What about if you have a lever action rifle in a soft case, you can't really put a cable lock through a lever action?
To transport in California:

Handguns must be in locked case. All guns must not be loaded

Ammo can be in the case and even in the magazine but if the mag is loaded it can't be in the gun.

locked in a soft case is OK so long as the bag can not be manipulated in a way that it gives you access to firing the gun without first unlocking or damaging the container.

Many people choose to transport ammo separately to avoid possible problems because not all LEO know/understand the law and rulings surrounding the law.
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  #77  
Old 02-22-2013, 7:33 AM
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Wether you do or not, NO. Cops lie all the time, I have no qualms lying to the cops. And NO you can't search the car.
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  #78  
Old 02-22-2013, 7:36 AM
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I transport everything in the bed of my truck so answer will be no
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Old 02-22-2013, 7:38 AM
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Quote:
Originally Posted by Tincon View Post
First off, it may or may not be illegal to lie, but it absolutely can, and probably will, be used against you in court. For example, they ask if you have guns. You lie and say no. They develop PC for whatever reason, they search, they find a featureless AK with a detached grip in another bag. They arrest you for attempted possession of an AW. At trial they need to prove intent, or a guilty state of mind. Well gee, I wonder how they might do that. Officer testifies, I know he was trying to do something illegal, because he lied to me about having a gun. Think an LA county jury might find that persuasive?
If it's not illegal, it does not matter.
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Old 02-22-2013, 7:55 AM
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The answer is usually, "No," whether I do or not.

UNLESS, they are investigating a crime concerning firearms (like I match the description of an armed robber or something OR they ask me to step out of my vehicle for whatever reason.

The last two have never happened to me though.
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