Handgun or Long gun in car - do you have to declare to LEO?

[Little Red Rooster 0]

This is a hypothetical question.

 

If you are pulled over for a traffic violation (running stop sign, speeding, etc.) and have either a pistol or long gun in your car properly stowed away in the trunk.rear of car, unloaded, etc. (i.e. in full compliance with transport laws) - are you leagally bound to announce to the officer that you have a firearm in the car immediately after being pulled over?

 

I only ask this b/c it seems that as soon as you mention you have a firearm that the LEO will basically look for any reason to throw the book at you even if your intentions aren't bad. And with the grey area in the transport laws, I would hate to be pulled over for something minor and be honest by telling the officer I have my legally owned firearm and end up getting in huge trouble.

 

I have no intent on driving around with my gun, nor being untruthful with an officer regarding my firearm, but just want to know if you could get in a lot more trouble by not mentioning it in the begininng if the coversation leads you to reveal it being there.

[Krdshrk 3,878]

No, you are not.

[heaterbob 53]

running a stop sign and speeding? are you driving the get away car?

[Old School 611]

running a stop sign and speeding? are you driving the get away car?

 

[Midwest 28]

Also... traveling under FOPA with everything in the trunk and secured I don't believe there are any requirements to inform either...unless there are some laws that I am not aware of.....

 

 

And in case if anyone was wondering, There are some states that require notifying a LEO, but only if you are carrying concealed and Ohio is one them ...there are some others....

[Duppie 73]

This is a hypothetical question.

 

If you are pulled over for a traffic violation (running stop sign, speeding, etc.) and have either a pistol or long gun in your car properly stowed away in the trunk.rear of car, unloaded, etc. (i.e. in full compliance with transport laws) - are you leagally bound to announce to the officer that you have a firearm in the car immediately after being pulled over?

 

I only ask this b/c it seems that as soon as you mention you have a firearm that the LEO will basically look for any reason to throw the book at you even if your intentions aren't bad. And with the grey area in the transport laws, I would hate to be pulled over for something minor and be honest by telling the officer I have my legally owned firearm and end up getting in huge trouble.

 

I have no intent on driving around with my gun, nor being untruthful with an officer regarding my firearm, but just want to know if you could get in a lot more trouble by not mentioning it in the begininng if the coversation leads you to reveal it being there.

I asked this very question not too long ago and as Krdshrk indicated,in NJ you don't.There are a few states where it is required but the list is not that long.

[alec.mc 180]

I've sometimes thought of this aspect of it.

 

If your on the way to the range, and your pulled over for a moving violation-- and you have a pickup truck.--- All my stuff is throw in the bed ( since I cant have it in the cab ) -- As the LE0 is walking up, he will clearly see my array of gun cases, range bag, ammo boxes, etc etc.

 

Do the fact that it's clearly out in the open give the leo any precedence to search / go through my firearms?

[Dewhitewolf 8]

NJ statutes do not require notification to the officer that you have firearms in the car. If the officer asks about anything in your car, simply say "my attorney advised me to only answer questions directly related to the traffic stop." This statement cannot be used against you later. You are merely standing on your rights. Whatever you do, DON"T consent to a car search (even if you have not done anything wrong).

 

A routine traffic stop alone does not provide probable cause for a search of your car.

 

As far as truck beds, I would recommend putting a tarp or blanket over top of your cases, range bag, etc. There's no need to give anyone a "plain view" excuse.

[silverado427 10,789]

running a stop sign and speeding? are you driving the get away car?

lol

[siderman 1,139]

I've sometimes thought of this aspect of it.

 

If your on the way to the range, and your pulled over for a moving violation-- and you have a pickup truck.--- All my stuff is throw in the bed ( since I cant have it in the cab ) -- As the LE0 is walking up, he will clearly see my array of gun cases, range bag, ammo boxes, etc etc.

 

Do the fact that it's clearly out in the open give the leo any precedence to search / go through my firearms?

 

sure you can.

[MrSurfboard 1]

I wouldn't, unless you want to open a can of worms that might turn out badly depending on the Cop. If asked though, I wouldn't lie.

[alec.mc 180]

 

 

sure you can.

 

Does the law not state it cannot be accessible from vehicle occupants, if my handgun and ammo is sitting 14" to the right of me I think I'd have problems

[Duppie 73]

Does the law not state it cannot be accessible from vehicle occupants, if my handgun and ammo is sitting 14" to the right of me I think I'd have problems

I drive an estate wagon or a SUV, both seemingly in the same catagory of firearms transport as your pick up. I simply keep my guns in a locked case and everything else including fully loaded mags in my range bag. I think you can also legally....however we are not taking into account the knowledge or lack thereof of the LEO that stops you.

[Ray Ray 3,566]

great question, thanks for the answers gentlemen

[mrjam2jab 9]

Does the law not state it cannot be accessible from vehicle occupants, if my handgun and ammo is sitting 14" to the right of me I think I'd have problems

 

Unloaded and locked in a case.

 

From the NJSP website:

 

Firearms shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported.

Ammunition must be transported in a separate container and locked in the trunk of the automobile in which it is being transported.If the vehicle does not have a compartment separate from the passenger compartment, the firearm must be in a locked container other than the vehicle's glove compartment or console.

[HINCHMAN 4]

5th Amendment.

[halbautomatisch 60]

Does the law not state it cannot be accessible from vehicle occupants, if my handgun and ammo is sitting 14" to the right of me I think I'd have problems

 

I drive a pick up and never have or ever will put firearms in the bed of my truck. I do not have a cap for the bed and would not want to risk them being stolen or subject them to the elements.

[Qel Hoth 33]

Unloaded and locked in a case.

 

From the NJSP website:

 

Firearms shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported.

 

Ammunition must be transported in a separate container and locked in the trunk of the automobile in which it is being transported.If the vehicle does not have a compartment separate from the passenger compartment, the firearm must be in a locked container other than the vehicle's glove compartment or console.

 

 

The blue part is correct, the red part is incorrect.

 

The statute as stated.

 

2C:39-6 Expemtions

 

g.All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

 

The actual statute never mentions ammo at all, just that the firearm must be "unloaded."

[alec.mc 180]

I don't mind having to load my stuff in the bed, I actually prefer if im bring alot of stuff. I do not lock my guns or ammo, the reside in a zippered bag within my range bag, hopefully that suffices

[siderman 1,139]

What you have here is a classic case of information overload. There's NJ law/statute vs NJSP advisorys.They alone dont always jive. Travel in NJ vs in and out of NJ. Vehicles with trunks and without trunks. On top of that are leos that are knowledgable vs not so much.Lots of variables.All you can do is know the laws and do your own due diligence, find your comfort zone and carry on. My bottem line denominator is to lock everything. Do I have to-no but if it gives me an edge from staying out of a sh!tstorm hassle I'll take it.