Anyone get pulled over with firearms in the vehicle?

[Pew Pew Plates 358]

Hey,

Fellow paranoid NJ firearm owner. I often transport firearms to the range, in the legal fashion of course. However, I always wonder: What happens when you get stopped with guns and they know (either you tell them or they ask or search or whatever). Assuming your stopped for speeding or whatever, not murder or assault or whatever. And no, I dont get stopped often and I have a great driving record so this isnt a matter of "just drive good". Anyways:

 

-Do they just look at your FID and send you on your way?

-Do they inspect the firearms to make sure they are NJ compliant?

-Do they search your vehicle no matter what if you admit possesion of a legal firearm and provide the FID?

 

I'm paranoid that a cop will declare something I have "illegal"(which I dont) upon a routine stop and cart me away.

 

I know the routine: dont ask dont tell, ask for a lawyer, etc etc.

[PeteF 1,044]

First: Drive extra careful with firearms in car. Give them no reason to pull you over.

Second: Don't mention the firearms and they don't exist, as they have nothing to do with the stop

Third: "No you do not have permission to search the car"

[GoNRA 12]

I dont sweat it, if I get pulled over, i'll just let him know I have a legal weapon in the vehicle and give him the information such as FID and Permit paperwork with my license and insurance. You can always bring up a lawsuit later if anything happens that is illegal.

[Chad 3]

I have been pulled over a few times with guns in the car. I keep my hands at the top of the steering wheel, if at night I turn my interior light on so they can see inside my vehicle as they approach. Immediately after they tell me who they are, I let them know, POLITELY, " I have guns in a case in the trunk and I have my firearms ID card. "

 

If you have nothing to hide, why hide?

 

During every stop I've ever had, not once has the officer asked to see my guns, or even ask where I'm going, or where I'm coming from. They have also never asked to even see my FID.

[tommy3rd 132]

Third: "No you do not have permission to search the car"

problem with that is it might raise a flag with the officer. then he'll use "probable cause" to hold you there while they get a warrant signed by a judge. if you're not hiding anything illegal in the car there's no reason to give the officer a hard time. A lot of these guys just want a little honesty and no troubles or attitudes. Believe it or not, they're not out there to give every motorist a hard time.

[Larain60 1]

I dont think you have an obligation to advise them you have firearms in the car.

 

In fact if you do I remember reading something that the po po then has the right to inspect them to ensure you are properly storing and transporting them.

 

Why invite the man into you life? Not a good idea even if you are in the right.

[coldsolderjoint 84]

Third: "No you do not have permission to search the car"

problem with that is it might raise a flag with the officer. then he'll use "probable cause" to hold you there while they get a warrant signed by a judge. if you're not hiding anything illegal in the car there's no reason to give the officer a hard time. A lot of these guys just want a little honesty and no troubles or attitudes. Believe it or not, they're not out there to give every motorist a hard time.

 

I'm not a LEO and I'll wait till one of them posts.. but I'm pretty sure nobody is getting a warrant on the side of the road.

[tommy3rd 132]

I'm not a LEO and I'll wait till one of them posts.. but I'm pretty sure nobody is getting a warrant on the side of the road.

don't you watch COPS? lol

Seriously though, i think "probable cause" allows LEOs to search cars without a warrant.

 

added: don't know how legit the site is, but i just found this: http://www.nolo.com/legal-encyclopedia/ ... 29742.html

check all the way near the bottom of the page.

[crazyboy 13]

I'm not a LEO and I'll wait till one of them posts.. but I'm pretty sure nobody is getting a warrant on the side of the road.

don't you watch COPS? lol

Seriously though, i think "probable cause" allows LEOs to search cars without a warrant.

 

added: don't know how legit the site is, but i just found this: http://www.nolo.com/legal-encyclopedia/ ... 29742.html

check all the way near the bottom of the page.

 

Yup, don't need a warrant.

[SpecOps2087 3]

I dont think you have an obligation to advise them you have firearms in the car.

 

In fact if you do I remember reading something that the po po then has the right to inspect them to ensure you are properly storing and transporting them.

 

Why invite the man into you life? Not a good idea even if you are in the right.

 

 

 

Exactly. Unless they specifically ask you "do you have a firearm in the car" I wouldn't open my mouth about it. It might turn a 30 second stop into a whole ordeal making sure it's yours, sealed correctly, yadda yadda yadda. No thanks

[SpecOps2087 3]

I'm not a LEO and I'll wait till one of them posts.. but I'm pretty sure nobody is getting a warrant on the side of the road.

don't you watch COPS? lol

Seriously though, i think "probable cause" allows LEOs to search cars without a warrant.

 

added: don't know how legit the site is, but i just found this: http://www.nolo.com/legal-encyclopedia/ ... 29742.html

check all the way near the bottom of the page.

 

 

And so what? If in the 1 in a million chance they actually get a warrant, they will find (I hope) a legally owned and cased firearm. Nothing they can do about it, unless you lied about it (refusing a search is not lying).

[FlyersFan 1]

I've never been pulled over...I'm one of those people who gets nervous when they go 5mph over the limit, haha. But I will offer my :twocents-twocents: I'm not an expert on this stuff by any means - Lawyers and LEO's can feel free to correct me if I'm wrong. But, I do recall from my law and jurisprudence classes in college that an officer cannot search your car just because he has a hunch that you might have something in there that you're not supposed to. That wouldn't be probable cause. That'd be "mere suspicion", and the right to search a vehicle on mere suspicion is only granted on very rare occasions (border patrol checkpoints, for example).

 

I'm not some nutjob who thinks we live in a totalitarian society or anything like that, but looking into issues and situations such as this always makes me realize that the 4th amendment has been violated and abused just as much as the 2nd amendment by our public servants and courts.

[KpdPipes 388]

I'm not a LEO and I'll wait till one of them posts.. but I'm pretty sure nobody is getting a warrant on the side of the road.

don't you watch COPS? lol

Seriously though, i think "probable cause" allows LEOs to search cars without a warrant.

 

added: don't know how legit the site is, but i just found this: http://www.nolo.com/legal-encyclopedia/ ... 29742.html

check all the way near the bottom of the page.

 

Yup, don't need a warrant.

 

yeah, we Do..and the Probable Cause is what we NEED to get that warrant, not to nust search without one. yes, there ARE some Exigent Circumstances, where we do not need a warrant to search, such as something being in plain view (ie. the barrel of a handgun sticking out from under the passenger's seat, or a handgun in plain view in the glove box when someone is getting their paperwork... and yes, there ARE people stupid enough to do this knowing they have a gun in there.)... Are there guys who will violate your rights?? of course, there isnt ANY profession ouyt there that doesnt have idiots...but those aside the VAST majority of cops are not interested in Joe Citizen Gun owner..no matter what some idiots here would have people believe.

[FlyersFan 1]

:oops: Just to clarify-by "public servants" I meant politicians - not LEO's. Sorry if anyone misunderstood me!!!

 

Well said, KpdPipes.

[crazyboy 13]

 

yeah, we Do..and the Probable Cause is what we NEED to get that warrant, not to nust search without one. yes, there ARE some Exigent Circumstances, where we do not need a warrant to search, such as something being in plain view (ie. the barrel of a handgun sticking out from under the passenger's seat, or a handgun in plain view in the glove box when someone is getting their paperwork... and yes, there ARE people stupid enough to do this knowing they have a gun in there.)... Are there guys who will violate your rights?? of course, there isnt ANY profession ouyt there that doesnt have idiots...but those aside the VAST majority of cops are not interested in Joe Citizen Gun owner..no matter what some idiots here would have people believe.

 

Can't you search if there is probable cause of any type of evidence or contraband without a warrant?

[joejaxx 38]

I have been pulled over a few times with guns in the car. I keep my hands at the top of the steering wheel, if at night I turn my interior light on so they can see inside my vehicle as they approach. Immediately after they tell me who they are, I let them know, POLITELY, " I have guns in a case in the trunk and I have my firearms ID card. "

 

If you have nothing to hide, why hide?

 

During every stop I've ever had, not once has the officer asked to see my guns, or even ask where I'm going, or where I'm coming from. They have also never asked to even see my FID.

 

I really do not see a reason to bring it up if I was not asked if there were any firearms in the vehicle. It is not like you are CCW'ing and there might be a chance that they might see it and be alarmed when you are going to get the documents they asked for.

[Wavecaster 22]

First: Drive extra careful with firearms in car. Give them no reason to pull you over.

Second: Don't mention the firearms and they don't exist, as they have nothing to do with the stop

Third: "No you do not have permission to search the car"

 

This.

 

If you get pulled over and you have legal firearms in the trunk why mention them? It's not different than if there were groceries in there you're not breaking any law by having them there is no reason to be nervous in the first place. You wouldn't say "Hello officer I swear I'm not drunk let me take a breathalyzer to prove it to you" when he never accused you of being drunk would you?

 

There is no reason for them to search your trunk and if they want to it is an invasion of your privacy to force you to without probably cause. Refusing to give permission may be "reasonable suspicion" but that is NOT the same thing as "probable cause" and not grounds for a warrant. Probable cause is being 99% sure that a crime has been committed, not just thinking "hey this asshole is acting funny I wonder what he is up to". Now realistically they can just find a handful of motor vehicle tickets to stick you with for pissing them off so do you risk that to save your privacy knowing you're doing nothing wrong? Up to you I suppose. But it will probably never come to that as long as they don't suspect you're on drugs in which case they will be looking for more drugs in the trunk not a legal gun.

[tony357 386]

years ago i was pulled over with shotgun in back seat by a trooper, never even asked about it.. it was in the case but i assume he was a local resident and our whole town at the time was all hunters. I was speeding and did recieve a citation. one of two speeding tickets i have gotten since i have been driving..

 

we use to have gunracks in our trucks back then but they still had to be in a case..have not seen one of those in years..

[Malsua 1,422]

Third: "No you do not have permission to search the car"

problem with that is it might raise a flag with the officer. then he'll use "probable cause" to hold you there while they get a warrant signed by a judge. if you're not hiding anything illegal in the car there's no reason to give the officer a hard time. A lot of these guys just want a little honesty and no troubles or attitudes. Believe it or not, they're not out there to give every motorist a hard time.

 

It has been ruled on and the precedent is set that not given permission for a search is NOT probable cause for a search.

 

NEVER give them permission. They are fishing. This does not mean you bring it up, but if asked, "I don't not consent to a search".

 

If they have probable cause already and are just asking for a courtesy, you're going to be there at least an hour anyway, even if there's nothing in your car. You do realize however that if you consent and they find something that could be used as a club, a hollow point that fell out of your range bag or anything you can't even think of, you've already doomed yourself. Know your rights, don't surrender them just so as not to give a cop "no trouble". He's looking to cause you trouble, don't make it any easier, even if you have nothing to hide.

 

This is not to say that you should be belligerent. Keep your hands on the wheel, turn the dome light on at night, be pleasant and don't be a moron.

[coldsolderjoint 84]

 

Yup, don't need a warrant.

 

yeah, we Do..and the Probable Cause is what we NEED to get that warrant, not to nust search without one. yes, there ARE some Exigent Circumstances, where we do not need a warrant to search, such as something being in plain view (ie. the barrel of a handgun sticking out from under the passenger's seat, or a handgun in plain view in the glove box when someone is getting their paperwork... and yes, there ARE people stupid enough to do this knowing they have a gun in there.)... Are there guys who will violate your rights?? of course, there isnt ANY profession ouyt there that doesnt have idiots...but those aside the VAST majority of cops are not interested in Joe Citizen Gun owner..no matter what some idiots here would have people believe.

 

So the OP was correct? There has to be a warrant signed by a judge? While you are sitting on the side of the road?

 

Or is this mostly a procedural thing as there normally wouldn't be a reason to search the car unless something illegal was in plain view like you said?

[Guest]

 

Yup, don't need a warrant.

 

yeah, we Do..and the Probable Cause is what we NEED to get that warrant, not to nust search without one. yes, there ARE some Exigent Circumstances, where we do not need a warrant to search, such as something being in plain view (ie. the barrel of a handgun sticking out from under the passenger's seat, or a handgun in plain view in the glove box when someone is getting their paperwork... and yes, there ARE people stupid enough to do this knowing they have a gun in there.)... Are there guys who will violate your rights?? of course, there isnt ANY profession ouyt there that doesnt have idiots...but those aside the VAST majority of cops are not interested in Joe Citizen Gun owner..no matter what some idiots here would have people believe.

 

So the OP was correct? There has to be a warrant signed by a judge? While you are sitting on the side of the road?

 

Or is this mostly a procedural thing as there normally wouldn't be a reason to search the car unless something illegal was in plain view like you said?

 

i am NOT LE but pretty certain that if an officer "sees the handle of a firearm sticking out from under the seat" OR "smells a strong odor of marijuana" that he can search the car.. having to wait for a judge to get involved is nonsense..

 

BUT then i just read this.. :shock:

 

http://www.newjerseycriminaldefenseatto ... rch-d.html

 

i only read the first paragraph.. but thats shocking..

[PeteF 1,044]

i am NOT LE but pretty certain that if an officer "sees the handle of a firearm sticking out from under the seat" OR "smells a strong odor of marijuana" that he can search the car.. having to wait for a judge to get involved is nonsense..

 

Like KD said those 2 case present probable cause. However if you are LEGALLY transporting a firearm, there is no way the LEO will know about it unless you bring it up so don't.

 

I've been pulled over 6 times in 25+ years of driving and have never been asked to look in the trunk.

[KpdPipes 388]

 

Yup, don't need a warrant.

 

yeah, we Do..and the Probable Cause is what we NEED to get that warrant, not to nust search without one. yes, there ARE some Exigent Circumstances, where we do not need a warrant to search, such as something being in plain view (ie. the barrel of a handgun sticking out from under the passenger's seat, or a handgun in plain view in the glove box when someone is getting their paperwork... and yes, there ARE people stupid enough to do this knowing they have a gun in there.)... Are there guys who will violate your rights?? of course, there isnt ANY profession ouyt there that doesnt have idiots...but those aside the VAST majority of cops are not interested in Joe Citizen Gun owner..no matter what some idiots here would have people believe.

 

So the OP was correct? There has to be a warrant signed by a judge? While you are sitting on the side of the road?

 

Or is this mostly a procedural thing as there normally wouldn't be a reason to search the car unless something illegal was in plain view like you said?

 

If i'm confident enough to go for a warrant, i'm going to impund the vehicle and secure it until the warrant arrives. I've had to do this MAYBE 3 times in almost 23 years... it's not an everyday occurrance.

[Freedom-First 2]

 

Watch this video... I despise the ACLU but this is one public service they have provided that I think is very interesting.

[Chad 3]

Why do I do what I do?

 

Respect.

 

If a police officer is standing at my door, I feel he has the right to know there is a gun in my car. If it comes out later, say as he is walking back to his car, he or she will more than likely not be happy. Why let him find them on his own. . .If a cop sees a gun in your car you are going to have a gun in your face, dragged out of the car, handcuffed, after that you'll be asked questions and legality of the gun will be established. If you tell him ahead of time it is much better for you in the end IMO. I usually drive an SUV where there is no trunk. If I have a rifle case in the car an officer is going to see it. No, I wont hide them under blankets or whatnot. . . why would I? They're legal.

 

ymmv, this is just how I feel. Then again, I am the same guy that does not mind getting searched at the airport.

[bbk 188]

I hear what you're saying, Chad, in regards to respecting the authorities. I don't think there is much need for paranoia, but in the same breath I do agree that information as a whole is privileged. Maybe I take a different stand of safeguarding any shred of information about me, as minute as it can be.

However, I do believe that while its not a matter of taking a stand on personal liberties against some tyrannical foe (cue music); I do believe that there are aspects that must be protected for the sake of being protected. Its the same reason why if I had kids, I would never post them online-- even if I knew the group I was sharing them with. Its the same reason why I black out my license plate (and other people's plates) if it ends up in a picture. Maybe some call it paranoia, I call it privileged information-- and its a hot commodity (information that is).

 

So, I wouldn't necessarily tell an officer unless there was a legitimate reason. But I feel the same way when I go to the airport, and they want to do a secondary inspection (even though I was in uniform). I have no qualms if the authorities find some need to delve further for whatever reason. I won't volunteer the information, but I wouldn't resist in lawful/logical situations.

[GoNRA 12]

Why do I do what I do?

 

Respect.

 

If a police officer is standing at my door, I feel he has the right to know there is a gun in my car. If it comes out later, say as he is walking back to his car, he or she will more than likely not be happy. Why let him find them on his own. . .If a cop sees a gun in your car you are going to have a gun in your face, dragged out of the car, handcuffed, after that you'll be asked questions and legality of the gun will be established. If you tell him ahead of time it is much better for you in the end IMO. I usually drive an SUV where there is no trunk. If I have a rifle case in the car an officer is going to see it. No, I wont hide them under blankets or whatnot. . . why would I? They're legal.

 

ymmv, this is just how I feel. Then again, I am the same guy that does not mind getting searched at the airport.

 

yeah I agree, the cop will wonder why you didn't say something in the first place probably. Anything regarding their safety they really take seriously, if you say something to him when he is taking your information, im sure he will realize that you are not a threat.

[Malsua 1,422]

Why do I do what I do?

 

Respect.

 

If a police officer is standing at my door, I feel he has the right to know there is a gun in my car. If it comes out later, say as he is walking back to his car, he or she will more than likely not be happy. Why let him find them on his own. . .If a cop sees a gun in your car you are going to have a gun in your face, dragged out of the car, handcuffed, after that you'll be asked questions and legality of the gun will be established. If you tell him ahead of time it is much better for you in the end IMO. I usually drive an SUV where there is no trunk. If I have a rifle case in the car an officer is going to see it. No, I wont hide them under blankets or whatnot. . . why would I? They're legal.

 

ymmv, this is just how I feel. Then again, I am the same guy that does not mind getting searched at the airport.

 

The only question I have here is, what's the point? You're no threat to the officer, run them through a metal shredder and toss them in a box, there is no difference. No threat is no threat, why complicate things?

 

I used to own a computer business. I had no legal terms with my suppliers so it was COD cash. I _routinely_ paid the ups guy upwards of $10,000 a day. Once a month or so, I would exceed that. My max on one day was $28,000 in cash. It just so happened that I was sort of frazzled that day, having that much cash on me...representing roughly 6 months of what I would earn(I was cash poor and did a million in sales!!), in cash, on my person. I was pulled over, had a chat with the man , I told him I was working with a local DR that he actually went to...and he let me go. Now, do you suppose it would have happened differently had I told him that $28,000 was laying on the seat next to me? I think it would have changed his opinion of me. I feel the same way about the guns. I won't ever be a threat to a LEO, so what's the point?

 

As an aside, the UPS guy got into the habit of calling the office when I gave him so much cash...a manager would come visit to get the money because the driver didn't want to be responsible. Local cop escorted him a few times and I got to know the cop a little...had the pull over happened 6 months later, he probably would have escorted me to the office. go figure.

[Chad 3]

$28,000.00 is not a threat to a cop. Guns are. As GoNRA said, police officers take their safety VERY seriously. If I'm honest about them and up front that puts their minds at ease. If he happens to see a gun case while walking back to my car or back to his, there is a threat level that I don't want to cross.

 

Perhaps I am jaded because I was a dispatcher for a police department about ten years ago, the first thing we are trained in is officer safety. If I got a call for any type of dispute the first thing to ask is "are there any weapons in the house". The police are approaching a house the guns are in the safe, but they still want to know about it. I don't see a difference between that scenario and a MV stop. They want to know about it if they are in the trunk. I am a firm believer in honesty is the best policy, and the truth usually comes out in the end. I don't want to take the chance of a cop thinking I am not being honest about guns and trying to hide something from him when I'm not.

[coldsolderjoint 84]

Then again, I am the same guy that does not mind getting searched at the airport.

 

Thats just cuz you like the "sexy" strip searches.