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Do we have to "declare" if we're pulled over?

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Cops have a hard job.

 

When I get pulled over in my car, it is always the same thing.  Pull over, roll down window, turn on interior lights and place both hands on the wheel.  Let them see you are no threat.  When they ask for DL/reg, etc, I explain where I am reaching and for what I am reaching.

 

On my bike it is similar.  Pull over, turn off, put down kickstand and I put my hands out to the side.  Again, lets them know I am no threat.  Same deal with docs.  "My DL is in my wallet inside my tank bag, I am gonna reach in and get that."

 

Usually these actions go in your favor.  I have had cops ask me something like this "seems like you are a pro at this.  You must get pulled over a lot" or "you seem to be awful polite, you hiding something?"  I always reply that I am just trying to show them courtesy by being as clear with my actions as possible.

 

All that being said, it will be a cold day in hell before I consent to a search or answer questions that have nothing to do with the stop.

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I always say, stay truthful but keep it short.

 

While in line to go through vehicle inspection prior to being let into Earle Naval Weapons Station, it's now normal for the complete inspection/search right down to using mirrors around the wheels and undercarriage.  While transporting a truck load of Boys Scouts from a local camp site in Monmouth County to visit a RE-Supply vessel docked at Earle a couple years back, we were all told to get outta the truck (Ford Explorer) at said inspection point, so we gladly complied.  Mind you we had an appointment with the Ship's Exec. Officer, and all adult leaders had previously submitted name, address, ss #, the works for clearance to the Base.  So when BDU wearin', tacticooled low-slung sidearm totin' private Government contracted Security Officer popped-open the spare tire compartment and yelled over to me with a "WHAT IS THIS!" as he shows me a hatchet I had buried near the spare, I merely replied, "We're Boy Scouts, on a Camp-Out.  WE CHOP WOOD!".  And he smiled and said, yeah, that's believable.  So I said to him, half jokingly, "Look, if I really wanted to cause trouble I'd let my kid bring his sword from the flea market right down the street".  The Security Officer hands me back my semi-rusty hatchet and says, "Make sure it doesn't leave the tire compartment until you're back at Camp".  A simple smile with a YES SIR! and we were on our way to the Dock Area for the visit.....

 

Moral to the story is sometimes it's better to be respectful AND truthful.  It's also good to KNOW a lawful purpose for what you have on your person and inside your vehicle.

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the correct answer to everything is "i'm sorry officer but that's none of your business" or "why do you want to know". the only time you shouldn't say that is if he asks you if you know why he pulled you over. your response to that should be "no idea". yes officers hate that and you will probably get the ticket but if more people start standing up for themselves then the cops will stop asking stupid questions. you answers his questions honestly and have given him no probable cause to search anything. and never consent to anything, ever.

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i am going back to a law class from like 10 years ago, but i believe your trunk is not legally "in the car".  so if the cop asks do you have any weapons in the car and your gun is in the trunk you can legally say no.  searching a trunk also requires a greater level of proof/suspicion.

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Couple of points here.

 

The LEO should not be asking you where you were coming from unless he suspected DUI and is trying to build his case. For a "regular" stop, he is instructed to only advise of his name, department, and your violation. Those instructions are given to him in the academy, by his trainer, and are written on the ticket book. I think many get into the habit of asking questions in a interrogative manner. If not nipped in the bud early on, it makes for a bad attitude in the future.

 

Also IMO, it is not against the law to lie to an LEO. It becomes an offense when one tries to hide a crime or an offense. If you are not doing anything wrong, you can lie.

this was my experience last week in Washington Twp, Gloucester county. He was polite. Almost exactly as you said. Name, dept, reason. Asked for the normal documents. I was polite. Turned off vehicle, rolled down the window and put on my 4 ways. Even though I have a NRA sticker and nj2as sticker on my truck and was coming from Glassboro ( bobs little sports shop ) to be specific he never asked the questions about firearms. Which I just bought an lcr and ammo. Right off the bat I treated him like a human and things went well.

 

 

Sent from my iPad using Tapatalk

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I was LE in SC for a few years and I never asked where anyone was coming from unless I suspected DUI...I would usually look for a reason NOT to write a ticket. The gun laws at the time allowed for carry of a loaded handgun in the glove box and you had to declare if you had to expose the weapon while accessing your docs. I never asked if anyone was carrying...but anyone who carried legally was usually cooperative enough to comply without being asked when necessary.

 

Traveling from SC to NC once (pre-LE), I got stopped for 75 in a 55 just as I crossed the state line. I didn't have a chance yet to make my gun NC legal which, at the time, was weapon in plain sight with ammo locked separately. I gave the trooper my license and let him know that the reg & ins were in the glove box with a loaded 9mm...I told him I would keep my hands on the wheel while he went to the other side, I opened the glove box, had him remove my Glock 17 and I got out my papers. He removed the mag and emptied the chamber, put mag & loose round in my glove box and spent the next 10 minutes checking out my gun because they were considering making a switch to them. I offered to meet him at a range so he could test fire and he agreed...put the gun on my dash and sent me on my way with the range address and date & time to meet.

 

Respect and courtesy go a long way.....

 

 

Sent from my iPad using Tapatalk

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Yeah man Magnawing. Be honest and respectfull. The police are not your enemy. If your driving like an ass and you get caught the police are just doing their job. 

 

To all youse guys with your smart ass answers let me know how that works out for ya. Chances are if your giving them a hard time and they go through the whole process of searching your car and find a gun you didnt tell them about... well... be looking forward to getting roughed up...

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Opening the window an inch is going to make it confrontational real quick. You are correct, uf a cop asks where you are coming from and you chose not to answer it looks shady. If you are coming from the range just say the town the range is in. If he happens to ask what you were doing there just say errands. There is a way to answer without being avoidant and suspicious. I got not wanting to divulge the weapons in the car unless absolutely necessary as you bever know what type of cop you may get. I would probably talk about guns and what you have while others may not be as hospitable.

Maybe not such a good idea. Let's say you tell him "Vernon," and "errands" and he searches your car. You've just admitted that you were in possession of firearms in non-exempt locations. 

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Maybe not such a good idea. Let's say you tell him "Vernon," and "errands" and he searches your car. You've just admitted that you were in possession of firearms in non-exempt locations. 

 

 

"Vernon" and "meeting friends" would work (assuming range is in Vernon).   There are always friends at the range.

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I'm concerned that a prosecutor will put some minor official on the stand who contends that Cherry Ridge is not officially in Vernon. The town designations up there are nuts, e.g. "West Milford," and Andover/Andover Borough. Or he might ask you to produce one of the "friends" you were meeting. I would either not answer the question or tell the truth.

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I'm concerned that a prosecutor will put some minor official on the stand who contends that Cherry Ridge is not officially in Vernon.

 

Cherry Ridge is in Vernon, in the Highland Lakes section.

 

Vernon, Highland Lakes and Vernon Township are all correct answers.

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You do not have to volunteer that info in NJ.

I was pulled over heading to the range once; officer asked if I had any weapons. I disclosed the Swiss Army knife in my center console. I told him about the only item within my reach he may have to be concerned about. He didn't ask further.

I have seen many YouTube videos where people were dicks to the officers.

Most police officers are people who are doing a job and ask for their own protection. (I have met one or two that may not qualify as people).

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I did have an almost "pop the trunk" moment last summer.

 

Back in July I got pulled over on my way to EFGA. Trooper comes around the passenger side, asks for my papers.

 

As I'm retrieving, he’s looking at my (messy) interior. On the back seat I’ve got a homemade target stand partially covered with a shemagh. But clearly a target stand, w/ lots of holes in the wood (#5 shot).

 

Trooper says something like “going shooting?” Luckily I figured the question or something like it was coming so I didn’t have the ‘guilty’ pause/look of surprise. I just said “yeah”. He then says “PA?”. I respond “Yup, friend is a member at some outdoor spot over there. Never been before, but I hear PA has some nice ranges.” That second part was meant to convey ‘I don’t have a Utah/Florida CCW and I’m not carrying’.

 

I then added “I’d like to get out there for turkey this fall, because I’ve had no luck in Jersey.” Turns out he’s a hunter too.

The rest of the 10 minutes was about turkey, coyotes, public vs private land, etc.

 

No questions about what guns I had with me and no ticket.

 

Definitely luck of the draw.

 

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You do not have to volunteer that info in NJ.

I was pulled over heading to the range once; officer asked if I had any weapons. I disclosed the Swiss Army knife in my center console. I told him about the only item within my reach he may have to be concerned about. He didn't ask further.

I have seen many YouTube videos where people were dicks to the officers.

Most police officers are people who are doing a job and ask for their own protection. (I have met one or two that may not qualify as people).

You're lucky he didn't follow you. Today he could probably summon a drone to see where you were going. You pull into the parking lot, see the swirling lights and hear the sirens. You're screwed.

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Opening the window an inch is going to make it confrontational real quick. You are correct, uf a cop asks where you are coming from and you chose not to answer it looks shady. If you are coming from the range just say the town the range is in. If he happens to ask what you were doing there just say errands. There is a way to answer without being avoidant and suspicious.

Not waiving my Fifth Amendment rights under instruction of counsel is never "avoidant" {sic} or suspicious and you are being recorded.

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No one is suggesting that you lie about a firearm in the vehicle....

I wouldn't open my mouth but if I did I would lie. So you can count me as N/A. Telling a cop you have a gun can endanger both of you. It never makes either of you any safer, neither from physical injury nor from legal peril standpoint (except in states where notification is required). Lying or keeping your mouth shut keeps both of you safe. Since many people like it in those fuzzy, generalized terms.

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I would not think transporting firearms in the required NJ way could be considered "armed". Unloaded and in a place you can't easily get to does not make you armed. Would you think having your firearms locked in your safe at home while you are there constitutes being armed?

Problem is in NJ you have only limited exemptions for transport. Either you're going to one of those exempted places or you're going out of state and are covered under FOPA.

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I would not think transporting firearms in the required NJ way could be considered "armed". Unloaded and in a place you can't easily get to does not make you armed. Would you think having your firearms locked in your safe at home while you are there constitutes being armed?

 

Yah, I meant transporting.

 

But I feel like the idea would be the same.  If I didnt divulge ahead of time and he then found the firearm in the trunk, I dont think it would end well.   :(

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I was told in a NRA First pistol class if you are asked if you have any guns in your car during a routine traffic stop. Your responds should be why are you asking me that question officer.

They also told the class that the officer needs probable cause or your consent to search your car (which you should not give them) and keep all of your range equipment out of eyes view.

Probable cause needed for search warrant. "Reasonable suspicion" is enough to pull you over. Your other suggestions are good points to do.

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