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mrlew

Transportation Question 2

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Okay, there's a thread discussing the legal parameters regarding the legal transportation of firearms.

 

I have a different question. Let's say you are transporting your firearm, let's say handgun, correctly, locked in trunk, unloaded. You are pulled over by a LEO for a traffic violation, let's say turning right on red at an intersection where that is not allowed. Honest mistake. Do you tell the LEO right off the bat that you have a weapon in the trunk? Now in my, thankfully, limited experience a LEO usually asks where you are coming from/going to when pulled over for a traffic stop so the topic might come up. But if not what do you do? Chances are the LEO isn't going to look in your trunk if you cooperate regarding the traffic stop.

 

Just some food for thought. I've never been pulled over while transporting a weapon but have wondered what to do even if I'm just coming home from a morning of pheasant hunting and have me 20 gauge in the trunk.

 

If this has been discussed before please accept the apology of a newbie.

 

Chris

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I would say most would be honest if asked.

 

If you are not asked, and just merely transporting unloaded in trunk, why bring it up?

 

This is not a CCW state where you have to tell them upfront.

I agree 100%

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I would say most would be honest if asked.

 

If you are not asked, and just merely transporting unloaded in trunk, why bring it up?

 

This is not a CCW state where you have to tell them upfront.

 

Even in a CCW state, if the firearm is unloaded and locked in the trunk, do you still have to tell the police upfront?

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Even in a CCW state, if the firearm is unloaded and locked in the trunk, do you still have to tell the police upfront?

 

Don't know, but I was referring to states like Ohio, where if you are carrying, you have to notify the officer. As learned from that carry video we had on the forum a few weeks ago.

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Don't tell them. There is no need to, just as there is no need to tell them you just bought a vacuum and have one in the trunk if that were the case. Avoid answering any questions unrelated to the stop. Say things like "I'm sorry?" "Pardon me" "Excuse me?" and other phrases, not in a questioning manner, but more of a confused I don't think I heard you manner. If they are persistent, or don't like your answer, be direct with them. Ask them if you are being detained. Ask them if you are free to go.

 

BTW, who are these cops asking all sorts of unrelated questions? If you are being pulled over, there is probably a reason why, and unless that reason is they think you are carrying illegal weapons or something, why are they asking you irrelevant questions? I have never known that to be the case unless the person that got pulled over is a real doucher.

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I would say most would be honest if asked.

 

If you are not asked, and just merely transporting unloaded in trunk, why bring it up?

 

This is not a CCW state where you have to tell them upfront.

 

This brings up an interesting question. In the thread covering the open carry incident in Oceanside, CA, KpdPipes stated, in his professional opinion as a LEO, that if someone is open carrying in an area where open carrying, unloaded, is legal, then reasonable suspicion exists that the gun may be loaded and, therefore, the LEO may stop and seize the firearm, check if it is unloaded and search the person for other weapons.

 

So here is the question, if what KpdPipes says is true, then would it not follow that if you inform a LEO that you have firearms in the trunk, which also must be unloaded, wouldn't reasonable suspicion then appear that those firearms may be loaded allowing for a subsequent search to check that the firearms are, in fact, unloaded?

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BTW, who are these cops asking all sorts of unrelated questions? If you are being pulled over, there is probably a reason why, and unless that reason is they think you are carrying illegal weapons or something, why are they asking you irrelevant questions?

 

It is called establishing rapport and may determine how the rest of the meeting is going to go.

 

Avoid answering any questions unrelated to the stop. Say things like "I'm sorry?" "Pardon me" "Excuse me?" and other phrases, not in a questioning manner, but more of a confused I don't think I heard you manner.

 

Yes you can do that but after the 3rd or 4th "Excuse me" the cop will obviously realize you are being evasive. Is your confusion due to the fact you are trying to hide something or maybe you're under the influence of something or maybe because you are an idiot. I have met all three types.

 

If you seem evasive about answering that can result in lengthening the time you're going to spend on that stop.

 

If they are persistent, or don't like your answer, be direct with them. Ask them if you are being detained. Ask them if you are free to go.

 

Yes you can ask them all that and respond accordingly. the cop really doesn't have to tell you why he is asking those questions as it is the beginning of an investigation.

 

Contrary to what many gun rights activists feel most (like 99.9999999%) of cops are not out there to bust your chops. They are trying to do what they are getting paid for and that's apprehending lawbreakers. In order to do so that have to ask questions. If they are satisfied then you will be on your way shortly whether you are a criminal or not. Many criminals have gotten away with alot of things just by being cool and having good answers for the cops when they are stopped.

 

Cops are looking for things to arrest people for that will result in a conviction. a lot of arrests with no convictions is not a way to enhance their career.

 

I am not saying to volunteer the information that you have guns in the car but answer properly if you do. The more evasive you are the more you are going to get the cop's interest.

 

Yes there are bad encounters but when you look at the ones posted on You Tube vs the thousands that happen daily the likleihood of being involved in one is low. However, you can outfit yourself with voice and video recorders if you feel that's needed.

 

So here is the question, if what KpdPipes says is true, then would it not follow that if you inform a LEO that you have firearms in the trunk, which also must be unloaded, wouldn't reasonable suspicion then appear that those firearms may be loaded allowing for a subsequent search to check that the firearms are, in fact, unloaded?

 

That would depend on what case law there is on that matter and not being up to date on NJ case law I'd go with KpdPipes on this as it sounds reasonable. I know in PA if you are OCing the police can't stop you for that alone even in Philly where you are supposed to have a LTCF to OC.

 

For a routine traffic stop by a LEO, I would think the odds that the officer would ever check your trunk is EXTREMELY rare, I would think.

 

Very true. However if you give evasive answers that can contribute to PC to look in the trunk.

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Drive with current license,registration,insurance and inspection,don't break any traffic laws and you won't get pulled over. :icon_mrgreen: then all the questions will never get asked.I've been driving for 22 years and only have been stopped for inspection sticker.

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