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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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#81
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I'm my younger years I've probably been pulled over a dozen times (been ticket free since 1992) and have never been asked about having firearms or other weapons. Years ago on new years eve I was driving my pickup with several drunk friends riding in the back with open containers. We got stopped and the police made my friends dump out their beers and then started to go though the cab. I had an unloaded handgun in my backpack behind the seat and told the officer about it. He said he didn't care and was just looking for any other open containers. He didn't find any and let us go on our way
Last edited by delta9; 02-22-2013 at 8:23 AM.. |
#82
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Any time you are stopped in a vehicle you are by definition "under arrest" and signing the ticket is "making bail." That's why people who refuse to sign the tickets get a free ride to the pokie.
WRT to the OP's question, which comes up pretty often - you have to decide what to do if you ever find yourself in that situation. If you say yes, CA law says the PD can inspect the guns to make sure they are being transported legally. If you say no, one of two things will happen - the officer will nod sagely and proceed with wrapping up the stop, or a roadside debate will ensue, in which your car will probably ned up being searched despite your protests. Heaven forbid you acatually have guns - free trip to the pokie with a charge of obstruction (aka contempt of cop). If you say nothing or tell him you plead the 5th, one of two things will happen - the officer will nod sagely and proceed with wrapping up the stop, or a roadside debate will ensue, in which your car will probably ned up being searched despite your protests. Heaven forbid you acatually have guns - free trip to the pokie with a charge of obstruction (aka contempt of cop). Without indicting any agency, if a LEO wants to search your vehicle, they're going to do it. At the end of the day, the only person on the losing end is you, no matter the outcome. The LEO is on the clock, and if they make a mistake they have well established "good faith" defenses in place, whereas you (in hte worst case scenario) are out time, money, possibly your guns (even if temporarily) and more importantly you may very well fail your next DROS because the system isn't updated and only shows you were arrested. In all the times I've ever been stopped (used to get stopped a LOT), I've never been asked the question. The one time I was stopped and actually carrying (loaded on a belt holster for work) I notified the deputy (LASD) as soon as he walked up to the car. Fortunately he recognized the uniform and all was good.
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It was not a threat. It was an exaggerated response to an uncompromising stance. I was taught never to make a threat unless you are prepared to carry it out and I am not a fan of carrying anything. Even watching other people carrying things makes me uncomfortable. Mainly because of the possibility they may ask me to help. Last edited by A-J; 02-22-2013 at 9:08 AM.. |
#84
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You can always say no. If they search you after you say no you have illegal search and seisure on your side, unless you give them another reason for PC. "Just say no!". It is really not that difficult to comprehend.
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#85
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The only time you are likely to be asked about guns is if you were pulled over leaving a gun shop or range, or if you have some gun accessory visible (a holster, targets, ammo)
If it is in the trunk, or otherwise out of sight, they won't ask. |
#86
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#87
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Maybe you would like to let them feel up your junk while your at it
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#89
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First, telling them you have nothing illegal in the car raises suspicion because thats not the question they asked you. NOW you look stupid for answering a question that was not asked of you. At least if you let them know, that YOU know, you don't have to discuss what is in the privacy of your vehicle, they know that you know "the game" Personally when confront with LE i would never associate the word "illegal" to any statement i make to LE or anyone for that matter If they find probable cause and search your vehicle and DO find something illegal that you forgot about, you have now lied about something illegal. IF they choose to search your car and find weapons properly locked up, SO WHAT! What can they arrest you for??? Its not illegal to have firearms properly stowed in your car. Not to mention that IF you tell them you have firearms it is a free ticket for them to check those weapons. If they are asking to see weapons, it means they don't know whats in the case or they don't know you have them. If they did know, they wouldn't be asking. |
#90
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I will say with absolute certainty that CPC 25850 does not say you are *required* to say you have guns in the vehicle. It makes possession of a loaded gun in public illegal (generally speaking - there are exceptions), and allows LEOs to check to confirm it's unloaded. Quote:
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It was not a threat. It was an exaggerated response to an uncompromising stance. I was taught never to make a threat unless you are prepared to carry it out and I am not a fan of carrying anything. Even watching other people carrying things makes me uncomfortable. Mainly because of the possibility they may ask me to help. Last edited by A-J; 02-22-2013 at 10:17 AM.. |
#91
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#92
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I was told by an attorney who exclusively only handles Firearm related cases, that in California, when the police run your car license, their computers SHOW if you are a Handgun owner, it lists your hand guns; they are linked in with that information. They ask for safety reasons.
I am still unsure what the proper answer is to the question if you are asked, "do you have any firearms in the car". Isn't lying to law enforcement authorities some sort penal code violation in itself ? |
#93
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This. I really don't understand the paranoia, do you think that owning a gun makes you drive differently? I've been stopped before, not 'regularly' or often; NEVER been asked about firearms or weapons. Why would that change after buying a gun?
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#95
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Things usually turn out best for those who make the best of how things turn out. ![]() |
#96
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Since it is not illegal to lie to a state law officer just say no, if he wants to search then tell him you do not consent to a search, it is now in his ball park if he feels he can come up with PC to search, refusing consent is not PC because you are under no obligation to give up your rights.
Any time you act like an smart *** with an officer you will most definitely peak his curiosity, it always did with me. |
#97
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I was pulled over in my motorcycle and was asked if I had a gun bomb bazooka or any other thing deadly or dangerous to the chipper. Of corse the answer was no since it was true.
To day I would probably ask if he considered doughnuts to qualify ![]() |
#98
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#99
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Rather than obsfucate with a general "I have nothing illegal in the car", which leaves questions.
Try redirecting with "Sir, I have a pocketknife in my pocket, but it is a tool, not a weapon." which directs his attention to the knife which is obviously legal. FWIW I've been asked about "weapons" on one occasion but never "firearms". |
#100
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Does that actually work?
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WTB: multiautomatic ghost gun with a .30-caliber clip to disperse with 30 bullets within half a second. Must include shoulder thing that goes up. Memberships/Affiliations: CERT, ARRL ARES, NRA Patron Member, HRC, CGN/CGSSA, Cal-FFL |
#101
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Seems like a lot of "puffery" here from ficticious stops thay may or may not happen.
OP - You can say nothing. You can say "nothing illegal sir". You can say "I choose not to answer until my lawyer is here". You can say "I do not consent to a search". You can say "Am I free to go". You can say all the cool bold yes you have a right to say stuff quoted above. But will you under pressure having just left the range . . . In the real world for those of us who don't want to get arrested, taken to jail then later released when the charges will get dropped why go through this game?? My guns are locked in a hard case. My mags are empty and locked in my range bag. My ammo is locked in a seperate compartment in my range bag. All locked in the trunk. If and when I ever get pulled over leaving the range and asked "do you have anything illegal or anything I should be worried about" my answer will be "no". If asked "do you have a gun in the car" My answer will be "yes sir and it is locked properly in the trunk". I know it's not the typical forum answer but for me, I'm legal and if he wants to do a search he's going to anyway. Why make it a pain for him and me. Just my opinion and I will live with my choices. You have to decide for yourself.
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#102
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Ask means you say no thank you.
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#103
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I have never been asked that question when stopped, but have thought about it a lot. I have never been a fan of "I have nothing illegal in my car Officer". After reading multiple threads and opinions on it, AND knowing the law and my rights, I know how I will answer for good or ill.
When asked I will say the following, in a very respectful and sincere manner...Why on earth would you ask me something like that? This hopefully throws him off balance and before he can answer, quickly following up with: Are you actively investigating a crime or have reason to believe a crime is or about to be committed?... and is that why you stopped me? Hopefully he commits and says no, (no probable cause for a search) but more importantly, tells him that I know my rights, and that he's not going to have much success in his fishing expedition. But rather than it turning confrontational, it needs to be real, that we are both just 2 people trying to get our business done; me my errands, him just doing his job... so I'll add... Look, I know you're just doing your job and I respect that, I really do. We're both Good Guys here, but at the same time I realize you don't know that about me. So, I'd rather we stick to the reason you pulled me over. Here is my license, registration and insurance. Hopefully that will be the end of it. If not, and the questioning continues, and it's clear that the Officer is intent on exercising his "Authoratay" over me, then the old "am I being detained or am I free to go" line will come out, and if necessary, a refusal of consent to a search, request a supervisor be called to the scene, etc. etc. and generally keeping my mouth shut. When I transport, I transport legally. I have developed a 6th sense about people in my profession, in the same way every Officer does in his. So I rely on that fact; that he can distinguish me as what I am.... a law abiding citizen... who knows his rights. No matter what I'm doing or where I'm going, I'll always take time out of my day to exercise my rights if I'm called upon to, and, most especially, when I'm unnecessarily put into a position of having to. YMMV
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#104
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got pulled over a few weeks ago on the way to Las Vegas, the cop saw the 3 rifle cases in our back seat but didnt ask us anything about it. I have never been asked if I had weapons in my car and ive been pulled over a LOT in the past.
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#105
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I use the Active Camouflage Technique.
I airsoft a lot, quite avidly. I mingle the real firearms in with the airsoft guns. I've been stopped 3 times in the past decade, and asked if I had any guns in the car because of exposed rifle bags. "Yes, Officer, Airsoft. I airsoft a lot, its my workout. Wanna see?" On 2 occasions I was asked to produce the guns out of the bag (early 2000's) so the policeman could go "OH! COOL!" and take pictures. Now they're kinda meh on airsoft gear. Overdone. (Never mind the two real firearms in the cases... tee hee) |
#106
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Officer - "Do you have any weapons in the vehicle?"
You - (raising your hands slightly above the wheel and making fists) - "Just these and they're legal." ![]()
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![]() ET1 - U.S. Navy, Retired ________________________________________ Politicians take note... "I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic..." Last edited by wazdat; 02-22-2013 at 4:03 PM.. |
#108
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Screw face up in shock and confusion "Why would you even ask me that?"
If they can't answer, then they have just given you proof that they did not even have an articulable suspicion, let alone probable cause to open that line of investigation.
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“Our lives begin to end the day we become silent about things that matter” ~ Martin Luther King, Jr. |
#109
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![]() Even this is TOO much to tell them because you have admitted to something. "Am I the object of an investigation?" "Am I free to go?" "Why am I being detained?" "May I call my lawyer?" Do not answer their questions, but rather pose your own.
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#110
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#112
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#113
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If I am legally carrying my handgun in a locked box, unloaded, and locked in the trunk of my car, I am going to say "yes officer, I have a legal and unloaded weapon locked in a box in my locked trunk".
Why shouldn't I say that? Seems a lot of you folks don't understand that in a traffic stop the very first thing you need to do is to PASS THE ATTITUDE CHECK. If you do, you're not going to get in trouble. |
#114
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"If a person who indulges in gluttony is a glutton, and a person who commits a felony is a felon, then God is an iron."--Spider Robinson. "It is a ghastly but tenable proposition that the world is now ruled by the insane, whose increasing plurality will, in a few more generations, make probable the incarceration of all sane people born among them."--Clark Ashton Smith "Every time a pro-terrorist Tranzi hangs, an angel gets his wings."--Tom Kratman |
#116
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Benefactor Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran ![]() — Not wasting any more time and energy tilting, Don Quixote-like, on a regulatory problem that, constitutionally, should not even exist in a free state. I cannot change the world unlike my hero Samuel Adams—but I can change my place in it. Gone fishin' for now and soon gone from California. |
#117
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I do my best to look and act like a "1 percenter" when I am out and about. I have found that an utter look of disgust with a very polite demeanor works wonders. They can't wait to get away from me. In the few times I have been pulled over I have almost had them kissing My hiney by the roadside. Just so you know, those who know how to read body language know that disgust is unresolvabe, and is an indication that they should stop wasting time and move on the next interview.
Regards, SwissFluCase
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"We don't discuss the governor's arsenal in detail" - Brown spokeswoman Elizabeth Ashford |
#118
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Never answer questions without counsel. You may not have any clue as to the real reason you were pulled over. It could be because your car looks like one that just cut some one off, but you have now clue. So when the cops asks if you looked behind you before you changed lanes and you say yes, it now means you are guilty of hit and run because you knew you caused the accident the cop is sure your caused. Happened to a friends client, cost her everything in the civil suit.
The point is, shut your trap. If they want to search, they will. If they don't want to be hassled, they won't. All this talk about tripping the cop up with questions is crap. These guys aren't asking you a question randomly, it's a script to get admissions to justify a search. It's not sincere and you The constitution is more than just the second amendment, even if you think that the second is the most important. The fifth is pretty darn important as well. If y'all exercised your fifth amendment right to shut up as well your RTKBA you would have less problems. |
#119
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The back of the SUV was full of target stands, used targets, rifle cases, pistol cases and ammo boxes....
The lone female officer could have cared less, and issued a ticket for the cracked window (cheaper than for speeding) and said have a nice day. ![]() |
#120
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So does that mean I should scrape the NRA sticker off the camper shell of my truck? Only time I was ever asked if I had a firearm in the vehicle was by a pissed off Nevada state trooper who couldn't write me a ticket - and I didn't have an NRA sticker on that truck.
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