Traffic Stop Question

[msokad 3]

This question was discussed with friends after my wife and I went to Cherry Ridge.

 

When the wife and I went shooting, we took several handguns with us since we would be there for most of the morning. During the drive up, my wife asked what is the proper procedure if we get pulled over for a traffic violation. My answer was to inform the cop immediately that we are transporting firearms to the range and explain the location of the firearms. About half the group said to say nothing unless the cop asked.

 

The vehicle is a Ford Escape so there is no trunk. The ammo and guns were locked in their own separate containers and were in the back of the vehicle.

 

 

[PK90 3,570]

SAY NOTHING.

[RobertJames 14]

SAY NOTHING.

 

+1. Nobodys business but yours.

[67gtonut 847]

You have nothing to say......

[Kingsoverqueens 10]

No reason whatsoever, legal, moral, or otherwise, to volunteer that info.

 

There is a school of thought that if you have a CCW on your person, the smart thing to do is to hand the CCW license to the officer at the same time you present your drivers license. The school of thought is not to say "I have a gun" because the officer might repeat that and his twitchy partner on the passenger side of the car my only hear "GUN" and overreact.

 

But in the case of a routine stop, on the way to or from the range, mum is the word, unless asked, and event than I'm not sure I'd fess up. I'd be inclined to respond "I respectfully refuse to answer that question."

[johnp 45]

 

My answer was to inform the cop immediately that we are transporting firearms to the range and explain the location of the firearms. About half the group said to say nothing unless the cop asked.

 

[H&K40Cal 0]

Why open Pandora's Box, say nothing! In this state you never know what type of cop your gonna get. Your be surprised how uneducated most cops are about civilians & firearms.

[Soju 153]

You can easily talk yourself into trouble, but almost nobody talks themselves out of trouble. There is no beneficial reason to tell them anything. There are very good reasons on why you shouldn't say anything.

[checko 180]

If you're transporting your firearms legally, doing nothing illegal and not planning on doing anything illegal, what does it matter of you have a gun in the car?

[Polak 3]

There is no state law telling you to, so don't.

[msokad 3]

Sounds like I have my answer by an overwhelming margin. Thanks for all that answered.

[mcbethr 42]

You can easily talk yourself into trouble, but almost nobody talks themselves out of trouble. There is no beneficial reason to tell them anything. There are very good reasons on why you shouldn't say anything.

 

+1 This. I've never heard of anyone talk themselves out of getting arrested.

 

Anyway, if you are safely storing your weapons and they are unloaded it makes no difference to the police office if you have a gun in the car or a circular saw. Yeah, it's deadly but locked up in the trunk it's just a piece of metal.

[Night Prowler 0]

There is no reason to voluntarily open yourself up to more questioning or headaches. By alerting the officer to the firearms what would you have to gain?

[Arbelest 29]

Agree say nothing unless specifically asked, "are you carrying firearms in this vehicle". Your not carry anything illegal, and anything can be a "weapon".

[Mike48 0]

since there is no trunk...put a heavy blanket over the guns cases and ammo to protect them...shut up and do what the nice officer asks....

[msokad 3]

I have owned firearms for 20 years and haven't been pulled over once while transporting them. My first guess was by being up front with a cop, it's showing him/her you are not hiding anything. I do see the other side of this by keeping your mouth shut, I would deal with less bs during the stop.

[PeteF 1,044]

Agree say nothing unless specifically asked, "are you carrying firearms in this vehicle". Your not carry anything illegal, and anything can be a "weapon".

 

Don't answer the question at all.

You can't lie to LEO but you don't have to answer.

I'm not saying be a douche but deflect with your own question.

Such as

Why do you ask?

Or

Why was I pulled over?

[Johnny 0]

Don't answer the question at all.

You can't lie to LEO but you don't have to answer.

I'm not saying be a douche but deflect with your own question.

Such as

Why do you ask?

Or

Why was I pulled over?

Says who?

[1563621 388]

About seven years ago While on my way to the range. Had 2 handguns behind seat in P/U. Stopped for a soda @ So. Toms River store. Locked keys in trunk. Flagged down Officer, "locked keys in truck" Response, "call a locksmith". Answered "handguns in truck" Response," I will open that up for you" NO questions asked. "Have a Nice day Sir" My response, "Thank You Officer". Drove away!

[Midwest 28]

Only under certain circumstances is there a 'duty to inform' It applies is if you are passing through some states (like Ohio) with a Concealed Carry Permit AND concealed carrying and there are 'duty to inform laws' in effect. However Ohio also mentions transporting as well, which might mean having a loaded gun in the trunk. There are other laws of this type in other states.

 

 

I would assume that if there was no loaded firearm in the trunk, then the duty to inform would not apply. I mentioned Ohio (as an example) because that is the state that borders mine and has those type of laws.

 

I know we are talking about New Jersey, but those who have FL or Utah CCW permits might want to double check the laws of the states that they intend to pass through.

 

http://www.handgunlaw.us/

 

Ohio

 

 

2923.16

 

(E) No person who has been issued a license or temporary emergency license to carry a concealed

handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun

that was issued to the person by another state with which the attorney general has entered into a reciprocity

agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle

that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an

occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:

 

 

(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;

 

 

(2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle.

[Underdog 1,593]

It's easy... don't do anything to get pulled over when you are transporting guns in the car. Discretion is key. No talking on the phone, all bulbs working, seat belts on, etc.. and do not have them "hidden" deeply in the car. In an SUV a blanket over them would be quite acceptable. And, don't volunteer information that isn't asked for... like your destination, etc. I don't think you have to disclose where you are going if an officer asks, but if you don't answer him, then he or she might get suspicious. You might say something like I am going to meet up with a few buddies in Easton, etc. Oh, and don't leave things like your range earmuffs, Combat Handguns magazine, a Ruger cap, etc, in plain sight. If the officer asks you if you are carrying guns, do not lie, but tell them that you are transporting them properly, locked up with ammo separated in the back of the car. And, make sure you are on a "direct" route to the range and do not stop unnecessarily (if at all en route). And, be mindful of where you drive. On the way to the range, once, there was road work being done and cars were being diverted into the school parking lot to go around the work. Going on school property is against the law and it is a felony and there is mandatory jail time.

[GRIZ 3,369]

There is no need to inform under the circumstances you relate. If the cop asks tell him the truth. the cop doesn't want to waste any more time than you do. All of this "why do you you ask", "I have nothing illegal in my vehicle", trying to change the subject, etc is only going to cue the cop's radar and going to want to make him or her want to find out what you're hiding. Doing crap like that may be a way to talk your way into being arrested. Tell the cop you are on the way to the range and as long as you are pointed in the general direction of where you are going and are transporting your guns and ammo properly you shouldn't have any problem.

 

There are all these stories of being tossed by the police on the way to the range. Does anyone have one that's verifiable?

 

 

 

 

Says who?

 

You can "take the Fifth", "I refuse to answer on the grounds...." but you can't lie. Do it to a Fed and that's a violation of 18USC1001, False Statement, a 5 year felony. I imagine there are comparable state statutes.

 

 

[Johnny 0]

There is no need to inform under the circumstances you relate. If the cop asks tell him the truth. the cop doesn't want to waste any more time than you do. All of this "why do you you ask", "I have nothing illegal in my vehicle", trying to change the subject, etc is only going to cue the cop's radar and going to want to make him or her want to find out what you're hiding. Doing crap like that may be a way to talk your way into being arrested. Tell the cop you are on the way to the range and as long as you are pointed in the general direction of where you are going and are transporting your guns and ammo properly you shouldn't have any problem.

 

There are all these stories of being tossed by the police on the way to the range. Does anyone have one that's verifiable?

 

 

 

 

 

You can "take the Fifth", "I refuse to answer on the grounds...." but you can't lie. Do it to a Fed and that's a violation of 18USC1001, False Statement, a 5 year felony. I imagine there are comparable state statutes.

\

 

We aren't talking about feds but local cops or a trooper. I suspect that "I'm taking the fifth" would cue a cop's radar same as "Why do you ask" or "I have nothing illegal in my car". If a cop can lie to civilians why do civilians need to tell the truth?

[GRIZ 3,369]

\

 

We aren't talking about feds but local cops or a trooper. I suspect that "I'm taking the fifth" would cue a cop's radar same as "Why do you ask" or "I have nothing illegal in my car". If a cop can lie to civilians why do civilians need to tell the truth?

 

I said there are probably comparable laws about lying to LE under state laws but I'm not familiar with them. If you don't like statutes like that you should contact the legislators. I didn't write the statutes. I have arrested and got people convicted of 18USC1001.

[Kingsoverqueens 10]

Griz, is "I respectfully refuse to answer that question" and acceptable response?

[GRIZ 3,369]

Griz, is "I respectfully refuse to answer that question" and acceptable response?

 

You can say that but the cop is going to wonder why you just don't give a straight answer.

 

I know there are a lot of people here who think LEOs just sit around figuring out ways to screw regular people. I can assure you that isn't the case

[BlueLineFish 615]

Why lie. If you are caught lying I am going to think more is going on and do everything in my power to keep you there until I am satisfied. A perp is never going to tell you there are guns in the car. If I ask and you say you are headed to the range I may ask to see that everything is secured properly and let you be on the way. I may ask what you have for my own curiosity and being a gun guy but you don't have to answer.

[Handyman 5,682]

"Sorry sir, my lawyer told me never to answer questions when he is not present."

[GRIZ 3,369]

If you are going to the range and are properly transporting your firearms you are commiting no crime. When you try to play games with evasive questions or taking the fifth you're making the cop think you are doing something wrong and challenging him or her to find it.

[Handyman 5,682]

I know there are a lot of people here who think LEOs just sit around figuring out ways to screw regular people. I can assure you that isn't the case

 

That being said, it still seems to happen pretty efficiently at all levels of state and federal government.