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Matt

Has anyone been pulled over with firearms in the car and

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I was stopped a few weeks ago. The officer asked me if I had any weapons in my pick up. I wasn't far from the Fort Dix range and I had an NRA sticker on my rear window. I said yes, I have a 9mm locked in the back. He said OK and that was it as far as the gun was concerned. I almost just put it in the front with me as I was heading home, but something said do it right and lock it up. If he didn't ask I would not have said I had it on board. I'm thinking of taking my NRA decal off. It is a signal to a cop if you are stopped for anything. BTW, if you lie, you are in trouble.

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I'm thinking of taking my NRA decal off. It is a signal to a cop if you are stopped for anything.

 

I would do so..

 

BTW, if you lie, you are in trouble.

 

providing you are SPECIFICALLY asked if you have a weapon in the car.. NOT if you are asked the age old general question "do you have anything I need to know about?" I do not believe if you are asked that you NEED to tell them.. ONLY if you are SPECIFICALLY asked if you have a weapon.. that is my understanding at least..

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I don't see the problem with legally transporting firearms in your car. Why bow down and not show support for something you believe in. Isn't that your right?

 

You could have told the cop you don't have a weapon but you do have a firearm. Firearms are used to go target shooting, weapons are used for protection.

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After giving this some thought, I think I would handle it this way, whether or not I had anything in the car (which, if I did, I would be doing so in accordance with the law, but anyone can make an honest mistake, including the officer).

 

If the officer has not yet told me why he pulled me over, I would respond with my own question, for example:

 

Officer: Do you have any weapons in the car?

Me: Did I do something wrong officer?

Officer: I asked you if you have any weapons in the car.

Me: May I ask why you pulled me over officer?

Officer: DO YOU OR DO YOU NOT HAVE ANY WEAPONS IN THE CAR?

Me: Am I being detained officer, or can I go now?

 

At this point, the officer MUST give a reason for pulling me over or it is an illegal detention.

 

After the officer has told me the reason for pulling me over, I would handle it this way:

 

Officer: Do you have any weapons in the car?

Me: Why do you ask that officer?

Officer: It's a routine question. Do you have any weapons in the car.

Me: Officer, with all do respect, if you think I was speeding, please write the ticket so that I am not detained any more than necessary.

Officer: DO YOU OR DO YOU NOT HAVE ANY WEAPONS IN THE CAR?

Me: Officer, if you are not going to give me a ticket, I would like to be on my way. May I go now?

 

I know that some will think that I would be behaving like an @ss, but I'm not worried about hurting the officer's feelings. I believe in liberty and I am under no obligation to capitulate. He can take it, he's a big boy and he cannot search my vehicle without probable cause and he cannot detain me unless he thinks that a crime has been committed (i.e. a traffic violation). If he violates those rules, he opens himself up to a Title 42, Section 1983 civil rights claim.

 

In short, I simply, but skillfully, would not answer the question.

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After giving this some thought, I think I would handle it this way, whether or not I had anything in the car (which, if I did, I would be doing so in accordance with the law, but anyone can make an honest mistake, including the officer).

 

If the officer has not yet told me why he pulled me over, I would respond with my own question, for example:

 

Officer: Do you have any weapons in the car?

Me: Did I do something wrong officer?

Officer: I asked you if you have any weapons in the car.

Me: May I ask why you pulled me over officer?

Officer: DO YOU OR DO YOU NOT HAVE ANY WEAPONS IN THE CAR?

Me: Am I being detained officer, or can I go now?

 

At this point, the officer MUST give a reason for pulling me over or it is an illegal detention.

 

After the officer has told me the reason for pulling me over, I would handle it this way:

 

Officer: Do you have any weapons in the car?

Me: Why do you ask that officer?

Officer: It's a routine question. Do you have any weapons in the car.

Me: Officer, with all do respect, if you think I was speeding, please write the ticket so that I am not detained any more than necessary.

Officer: DO YOU OR DO YOU NOT HAVE ANY WEAPONS IN THE CAR?

Me: Officer, if you are not going to give me a ticket, I would like to be on my way. May I go now?

 

I know that some will think that I would be behaving like an @ss, but I'm not worried about hurting the officer's feelings. I believe in liberty and I am under no obligation to capitulate. He can take it, he's a big boy and he cannot search my vehicle without probable cause and he cannot detain me unless he thinks that a crime has been committed (i.e. a traffic violation). If he violates those rules, he opens himself up to a Title 42, Section 1983 civil rights claim.

 

In short, I simply, but skillfully, would not answer the question.

 

You're right you would be within your right, but you would also be acting like an ass. While he could not search your vehicle, you would definitely be issued a summons. If you're ok with paying the summons, more power to you... I would just prefer to avoid the summons. With that being said, I would certainly respect you if you did as you posted!

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After giving this some thought, I think I would handle it this way, whether or not I had anything in the car (which, if I did, I would be doing so in accordance with the law, but anyone can make an honest mistake, including the officer).

 

If the officer has not yet told me why he pulled me over, I would respond with my own question, for example:

 

Officer: Do you have any weapons in the car?

Me: Did I do something wrong officer?

Officer: I asked you if you have any weapons in the car.

Me: May I ask why you pulled me over officer?

Officer: DO YOU OR DO YOU NOT HAVE ANY WEAPONS IN THE CAR?

Me: Am I being detained officer, or can I go now?

 

At this point, the officer MUST give a reason for pulling me over or it is an illegal detention.

 

After the officer has told me the reason for pulling me over, I would handle it this way:

 

Officer: Do you have any weapons in the car?

Me: Why do you ask that officer?

Officer: It's a routine question. Do you have any weapons in the car.

Me: Officer, with all do respect, if you think I was speeding, please write the ticket so that I am not detained any more than necessary.

Officer: DO YOU OR DO YOU NOT HAVE ANY WEAPONS IN THE CAR?

Me: Officer, if you are not going to give me a ticket, I would like to be on my way. May I go now?

 

I know that some will think that I would be behaving like an @ss, but I'm not worried about hurting the officer's feelings. I believe in liberty and I am under no obligation to capitulate. He can take it, he's a big boy and he cannot search my vehicle without probable cause and he cannot detain me unless he thinks that a crime has been committed (i.e. a traffic violation). If he violates those rules, he opens himself up to a Title 42, Section 1983 civil rights claim.

 

In short, I simply, but skillfully, would not answer the question.

:naughty: :naughty:

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Respectfully, I ask you to consider this: If a police officer asks you if you have any weapons in your car, when he has no probable cause to believe so, and when there are perfectly legal circumstances in which you may do so, isn't he asking you to waive your fourth and fifth amendment rights? Isn't he using your own honor against you? Who is really being the @$$? Think about it.

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Respectfully, I ask you to consider this: If a police officer asks you if you have any weapons in your car, when he has no probable cause to believe so, and when there are perfectly legal circumstances in which you may do so, isn't he asking you to waive your fourth and fifth amendment rights? Isn't he using your own honor against you? Who is really being the @$$? Think about it.

 

 

No because you are not committing a Crime. I have news for you Smity WAY more people have talked themselves INTO trouble than have talked themselves OUT of trouble. if i pull you over you did something stupid..if i write you a ticket...you were either a MAJOR douchebag...OR Played Sh*thouse lawyer.

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Respectfully, I ask you to consider this: If a police officer asks you if you have any weapons in your car, when he has no probable cause to believe so, and when there are perfectly legal circumstances in which you may do so, isn't he asking you to waive your fourth and fifth amendment rights? Isn't he using your own honor against you? Who is really being the @$$? Think about it.

 

 

No because you are not committing a Crime. I have news for you Smity WAY more people have talked themselves INTO trouble than have talked themselves OUT of trouble. if i pull you over you did something stupid..if i write you a ticket...you were either a MAJOR douchebag...OR Played Sh*thouse lawyer.

 

KDP, do you find you run across alot of lawschool hero type of guys?

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Respectfully, I ask you to consider this: If a police officer asks you if you have any weapons in your car, when he has no probable cause to believe so, and when there are perfectly legal circumstances in which you may do so, isn't he asking you to waive your fourth and fifth amendment rights? Isn't he using your own honor against you? Who is really being the @$$? Think about it.

 

 

No because you are not committing a Crime. I have news for you Smity WAY more people have talked themselves INTO trouble than have talked themselves OUT of trouble. if i pull you over you did something stupid..if i write you a ticket...you were either a MAJOR douchebag...OR Played Sh*thouse lawyer.

 

Scenario 1:

Officer: Do you have any weapons in the car?

Driver: No sir, just a bb gun.

Officer: What kind of bb gun?

Driver: It

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Respectfully, I ask you to consider this: If a police officer asks you if you have any weapons in your car, when he has no probable cause to believe so, and when there are perfectly legal circumstances in which you may do so, isn't he asking you to waive your fourth and fifth amendment rights? Isn't he using your own honor against you? Who is really being the @$$? Think about it.

 

 

No because you are not committing a Crime. I have news for you Smity WAY more people have talked themselves INTO trouble than have talked themselves OUT of trouble. if i pull you over you did something stupid..if i write you a ticket...you were either a MAJOR douchebag...OR Played Sh*thouse lawyer.

 

Scenario 1:

Officer: Do you have any weapons in the car?

Driver: No sir, just a bb gun.

Officer: What kind of bb gun?

Driver: It

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Are you kidding me..... Do you REALLY think any of those scenarios would actually play out like that?

 

Sorry..... I have great respect for Police Officers.... In the end, they are just like you and I, and just want to go home to their family at the end of the day.....

 

Yes.

 

State v. Pelleteri

 

http://lawlibrary.rutgers.edu/courts/ap ... 5.opn.html

 

We need not recount the facts at length. Defendant, an expert marksman who at one point was employed as a firearms instructor, won a Marlin semi-automatic rifle in the late 1980's by placing first in a police combat match. An avid gun collector, defendant placed the weapon in his safe. Defendant claimed that he neither inspected nor used the firearm. When the police recovered the gun from defendant's residence in December 1993, it still had the manufacturer's tags and the owner's manual attached to the trigger guard. The owner's manual indicated that the rifle could hold at least seventeen cartridges. Defendant claimed that he never read the manual. While conceding that he knew the rifle was a semi-automatic weapon, defendant contended that he was unaware that the firearm had a magazine capacity exceeding fifteen rounds.

 

...

 

We are satisfied that the Legislature intended to proscribe knowing possession, as distinguished from knowledge of the illegal character of the article possessed.

 

...

 

In short, we view the statute as a regulatory measure in the interests of the public safety, premised on the thesis that one would hardly be surprised to learn that possession of such a highly dangerous offensive weapon is proscribed absent the requisite license.

Affirmed.

 

 

You can have respect for the police and assert your fourth and fifth amendment rights at the same time. Doing so does not make you a DB. The fact that a professional police officer will give you a ticket that he would not otherwise give you, simply for asserting your rights as professionally and respectfully as you possibly can, in my humble opinion makes the officer the one who is behaving capriciously.

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Smity is absolutely correct. How people can value their second amendment but place such little value on their fourth and fifth. Thanks to our wonderfully stupid TV cop show culture, many people think fourth and fifth amendment rights are just for "douche bags"

 

There's a lot of good police officers out there. I know many. There's also a lot of asshole ones, just like any other job. NJ has some very anti gun laws, coupled with some police who know very little about said laws. It's a recipe for disaster.

 

I too would rather come away with a ticket - however much it may cost. I guarantee whatever tickets the officer gives you cost less than spending a weekend in jail and thousands of dollars in legal fees to prove your innocence in the event of a wrongful arrest.

 

Just like the officer, I'm just trying to go home at the end of the day too.

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Are you kidding me..... Do you REALLY think any of those scenarios would actually play out like that?

 

Sorry..... I have great respect for Police Officers.... In the end, they are just like you and I, and just want to go home to their family at the end of the day.....

 

Yes.

 

State v. Pelleteri

 

http://lawlibrary.rutgers.edu/courts/ap ... 5.opn.html

 

We need not recount the facts at length. Defendant, an expert marksman who at one point was employed as a firearms instructor, won a Marlin semi-automatic rifle in the late 1980's by placing first in a police combat match. An avid gun collector, defendant placed the weapon in his safe. Defendant claimed that he neither inspected nor used the firearm. When the police recovered the gun from defendant's residence in December 1993, it still had the manufacturer's tags and the owner's manual attached to the trigger guard. The owner's manual indicated that the rifle could hold at least seventeen cartridges. Defendant claimed that he never read the manual. While conceding that he knew the rifle was a semi-automatic weapon, defendant contended that he was unaware that the firearm had a magazine capacity exceeding fifteen rounds.

 

...

 

We are satisfied that the Legislature intended to proscribe knowing possession, as distinguished from knowledge of the illegal character of the article possessed.

 

...

 

In short, we view the statute as a regulatory measure in the interests of the public safety, premised on the thesis that one would hardly be surprised to learn that possession of such a highly dangerous offensive weapon is proscribed absent the requisite license.

Affirmed.

 

 

You can have respect for the police and assert your fourth and fifth amendment rights at the same time. Doing so does not make you a DB. The fact that a professional police officer will give you a ticket that he would not otherwise give you, simply for asserting your rights as professionally and respectfully as you possibly can, in my humble opinion makes the officer the one who is behaving capriciously.

 

So he received and had possession of an illegal NJ Assault Weapon, and you blame the cops?

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Are you kidding me..... Do you REALLY think any of those scenarios would actually play out like that?

 

Sorry..... I have great respect for Police Officers.... In the end, they are just like you and I, and just want to go home to their family at the end of the day.....

 

Yes.

 

State v. Pelleteri

 

http://lawlibrary.rutgers.edu/courts/ap ... 5.opn.html

 

We need not recount the facts at length. Defendant, an expert marksman who at one point was employed as a firearms instructor, won a Marlin semi-automatic rifle in the late 1980's by placing first in a police combat match. An avid gun collector, defendant placed the weapon in his safe. Defendant claimed that he neither inspected nor used the firearm. When the police recovered the gun from defendant's residence in December 1993, it still had the manufacturer's tags and the owner's manual attached to the trigger guard. The owner's manual indicated that the rifle could hold at least seventeen cartridges. Defendant claimed that he never read the manual. While conceding that he knew the rifle was a semi-automatic weapon, defendant contended that he was unaware that the firearm had a magazine capacity exceeding fifteen rounds.

 

...

 

We are satisfied that the Legislature intended to proscribe knowing possession, as distinguished from knowledge of the illegal character of the article possessed.

 

...

 

In short, we view the statute as a regulatory measure in the interests of the public safety, premised on the thesis that one would hardly be surprised to learn that possession of such a highly dangerous offensive weapon is proscribed absent the requisite license.

Affirmed.

 

 

You can have respect for the police and assert your fourth and fifth amendment rights at the same time. Doing so does not make you a DB. The fact that a professional police officer will give you a ticket that he would not otherwise give you, simply for asserting your rights as professionally and respectfully as you possibly can, in my humble opinion makes the officer the one who is behaving capriciously.

 

So he received and had possession of an illegal NJ Assault Weapon, and you blame the cops?

 

No. The police officer was doing his job, and is at no fault whatsoever. I am merely stating that Mr. Pelleteri may have avoided jail time for his honest mistake had he more skillfully protected himself by exercising his fourth and fifth amendment rights even though he was unaware that he had done anything wrong.

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Respectfully, I ask you to consider this: If a police officer asks you if you have any weapons in your car, when he has no probable cause to believe so, and when there are perfectly legal circumstances in which you may do so, isn't he asking you to waive your fourth and fifth amendment rights? Isn't he using your own honor against you? Who is really being the @$$? Think about it.

 

 

No because you are not committing a Crime. I have news for you Smity WAY more people have talked themselves INTO trouble than have talked themselves OUT of trouble. if i pull you over you did something stupid..if i write you a ticket...you were either a MAJOR douchebag...OR Played Sh*thouse lawyer.

 

KDP, do you find you run across alot of lawschool hero type of guys?

 

Usually Pre-law students..or worse Paralegals.... But about once a month there's ALWAYS some findlaw nitwit who wants to argue on the side of the road about how what they did isnt unlawful. I dont argue on the street that is what court is for... Luckily those are almost ALWAYS the "if you keep postponing, you can get it dismissed the first time the cop doesnt show" guys. I usually let it go 3-4 times before i break it to them that since I work nights, court is ALWAYS overtime for me. :lol:

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KDP, do you find you run across alot of lawschool hero type of guys?

 

Usually Pre-law students..or worse Paralegals.... But about once a month there's ALWAYS some findlaw nitwit who wants to argue on the side of the road about how what they did isnt unlawful. I dont argue on the street that is what court is for... Luckily those are almost ALWAYS the "if you keep postponing, you can get it dismissed the first time the cop doesnt show" guys. I usually let it go 3-4 times before i break it to them that since I work nights, court is ALWAYS overtime for me. :lol:

 

KDP, have you ever gotten out of a traffic ticket because you are a LEO?

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KDP, do you find you run across alot of lawschool hero type of guys?

 

Usually Pre-law students..or worse Paralegals.... But about once a month there's ALWAYS some findlaw nitwit who wants to argue on the side of the road about how what they did isnt unlawful. I dont argue on the street that is what court is for... Luckily those are almost ALWAYS the "if you keep postponing, you can get it dismissed the first time the cop doesnt show" guys. I usually let it go 3-4 times before i break it to them that since I work nights, court is ALWAYS overtime for me. :lol:

 

KDP, have you ever gotten out of a traffic ticket because you are a LEO?

 

I listened to a patrolman once brag about how he has gotten away with DUI. Was let go right there on the side of the road.

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Obviously the boys club will apply as it does anywhere. I/we are all guilty of it. I have gotten breaks because I am a Marine and have given them. Anyone that has a PBA card EXPECTS the same thing. Though I do not condone getting off for everything.

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Obviously the boys club will apply as it does anywhere. I/we are all guilty of it. I have gotten breaks because I am a Marine and have given them. Anyone that has a PBA card EXPECTS the same thing.

 

I know. It just gets me because there is no such luck for the rest of us lowly serfs. I just read this morning about a guy who was in the passenger seat of a car, driver spun out of control and was killed.....and NJSP charged the guy in the passenger seat with DUI. http://www.nj.com/news/local/index.ssf/ ... _thou.html I really, really, hope this gets thrown out in court. I am pretty sure the D in DUI stands for "Driving" and I'd love to know how this guy could have possibly done that from the passenger seat.

 

I just don't get it..... :?

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Obviously the boys club will apply as it does anywhere. I/we are all guilty of it. I have gotten breaks because I am a Marine and have given them. Anyone that has a PBA card EXPECTS the same thing. Though I do not condone getting off for everything.

 

 

The last PBA card I got from a friend has 2009 on it. Does that mean anything in 2010?

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Getting charged and not driving obviously is wrong. I hope that gets thrown out too. I am not saying it should be a free for all either. Certain things should land you in hot water. A DUI is one of them.

 

 

My experience has always been I was treated with the same attitude I offered. There are DB Cops as there are DB's everywhere. From the time I am pulled over to the time I drive away I do all that I can to make the approaching Officer feel at ease. I drive a Van and will always turn on my interior lights at night as well as roll my window down and put both hands in clear sight. I find it is the simple courtesies that make the stop easier for both of us.

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Getting charged and not driving obviously is wrong. I hope that gets thrown out too. I am not saying it should be a free for all either. Certain things should land you in hot water. A DUI is one of them.

 

 

My experience has always been I was treated with the same attitude I offered. There are DB Cops as there are DB's everywhere. From the time I am pulled over to the time I drive away I do all that I can to make the approaching Officer feel at ease. I drive a Van and will always turn on my interior lights at night as well as roll my window down and put both hands in clear sight. I find it is the simple courtesies that make the stop easier for both of us.

 

 

I got pulled over on my way to work once while on my motorcycle. The guy said he clocked me at 75. Well, I was being overtaken by 3 cars at the time and thought, "what a DB, how could he pick my bike out from the two cars to my left and front that were within feet of me?" Of course, I WAS going 75, but I didn't think I wanted to start asking why I got pulled over and the cars didn't.

 

Well, I pulled right over, took off my helmet, smiled and said hello. That was it. We ended up talking for about 20 minutes. He was in a car but normally rides a Harley for the HP. I was late for work but I didn't care. He was a pretty okay guy.

 

No ticket at all.

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3-4 years ago I was on my way to B/A and stopped for a snack in South Toms River. Yes it is an area known for gang activity!. I had 3 hand guns in back of truck with about 10 boxes of ammo. Nothing is locked! I get out of vehicle and of course will only be 2 minutes and lock doors and of course keys are inside! Come out and NO keys!..... SHIT! I wait for 10 minutes and flag down a South Toms River cop. He pulls up and I explain keys inside and he says"call a locksmith". I guess 6"2 and 290, NOT cute enough!. I say I have 3 handguns in vehicle! He says 'I will open her up for you". He does and I say Thank You! He says " have a good day". End of story.

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KDP, do you find you run across alot of lawschool hero type of guys?

 

Usually Pre-law students..or worse Paralegals.... But about once a month there's ALWAYS some findlaw nitwit who wants to argue on the side of the road about how what they did isnt unlawful. I dont argue on the street that is what court is for... Luckily those are almost ALWAYS the "if you keep postponing, you can get it dismissed the first time the cop doesnt show" guys. I usually let it go 3-4 times before i break it to them that since I work nights, court is ALWAYS overtime for me. :lol:

 

KDP, have you ever gotten out of a traffic ticket because you are a LEO?

Yep, and i;ve given other cops discrtetion. that said i have given FAR MORE Breaks to Joe or Jane citizen then i have to other cops, firemen, Military, Nurses, Docs ect. As i said you have to do something Stupid for me to stop you, but you have th be an AHOLE for me to write you.

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