Pulled Over by Police - Legal Firearm in Car, Standard Procedure?

[Llama 0]

Dear Community,

 

I want to ask a question to which I can find 0 information on elsewhere. If you are pulled over by police for any reason in the state of NJ and you have a legal firearm in the vehicle, do you:

 

a) Disclose that you have a legal firearm in the vehicle?

   1) Does that automatically give just-cause for the officer to search your vehicle?

   2) Does that imply consent to inspect the legal firearm?

b) Should you not mention the firearm at all (especially if it is not on the gun registry with the state, such as a shotgun)?

   1) Is this something that can bite you?

 

What is the law on being pulled over with a legal firearm in your vehicle?

 

Thanks,

D

[Krdshrk 3,877]

There's no reason to disclose the fact or even say anything about it at all.

 

Why even volunteer the info?

[67gtonut 847]

Simple

 

You are NOT required by law to disclose you are transporting a legally owned and transported firearm.....   

[fishnut 2,358]

1-You are not required to disclose that you have a weapon but you are required to answer truthfully if the cop asks you if you have any weapons in the vehicle 

2- Having a firearm in a car is not just cause to search a vehicle without consent or a warrant

So keep your mouth shut about the gun unless the officer asks about any weapons

[illy 1]

1-You are not required to disclose that you have a weapon but you are required to answer truthfully if the cop asks you if you have any weapons in the vehicle

2- Having a firearm in a car is not just cause to search a vehicle without consent or a warrant

So keep your mouth shut about the gun unless the officer asks about any weapons

A small correction:

You are absolutely NOT required to answer that question.

 

However, if you choose to answer, don't lie.

[Llama 0]

Simple

 

You are NOT required by law to disclose you are transporting a legally owned and transported firearm.....   

 

That's exactly what I needed. Thanks.

 

Follow up question. Say he runs your name and your firearms ID comes up, what if he asks things along the lines of "do you own a gun?" "is it in the car right now?".

 

Is this a time to make a legal stand and remain silent, or are there more cordial ways to go about this that won't piss off the officer and have him do all in his power to fuck you out of principle.

[fishnut 2,358]

^yes I should have said that you always have the right to remain silent but if you choose to answer the question and lie you could face additional charges

[67gtonut 847]

FID does not come up in MV inquiry .....

[Llama 0]

FID does not come up in MV inquiry .....

 

What if he runs my name through their internal database? I am just looking at what if scenarios.

 

Overall, do you recommend answering the question or remaining silent. What will statistically be better for you?

[mipafox 438]

 

^yes I should have said that you always have the right to remain silent but if you choose to answer the question and lie you could face additional charges

 

 

Under what statute?

[Arbelest 29]

   

 

Under what statute?

 

Statute for right to remain silent or right not to lie?

[mipafox 438]

 

Statute for right to remain silent or right not to lie?

 

 

Is lying to a cop a crime in NJ?

[67gtonut 847]

What if he runs my name through their internal database? I am just looking at what if scenarios.

 

Overall, do you recommend answering the question or remaining silent. What will statistically be better for you?

 

What internal database are we talking about?   They check for open warrants and DMV history.... 

 

If they are checking further.....  you have done something very wrong, and probably deserve what is coming.....   

 

So I am not really sure what you are so scared/cautious about....   

[checko 180]

Just relax, take care of the issue at hand, and whenever possible keep your mouth shut. I'm sure more people talk themselves into trouble than out of it.

[Llama 0]

 

So I am not really sure what you are so scared/cautious about....   

 

I am cautious with police in general. Slippery buggers.

[Old Glock guy 1,127]

This has been discussed here over and over again.  A quick search turned up this:

http://njgunforums.com/forum/index.php/topic/53745-traffic-stop-question/?hl=+traffic%20+stop%20+with%20+firearms

 

I would guess there are probably a bunch of other threads on this topic.  The search function is your friend.

[springfieldxds 0]

i don't believe its illegal to lie to a police officer in NJ, it is illegal to lie to a federal officer, anyways if you say you don't have a gun and he finds a gun in your trunk that you re legally transporting, well it doesn't look so good on you

 

best thing is if you get pulled over and the officer asks anything other than that has to do for the reason youre pulled over ie- where are you going?, its best to just say you want to use your right to remain silent, which you have to verbally say in order to be protected by a recent scotus ruling, so dont just stay silent, tell the officer you want to use your right to remain silent 

[Llama 0]

This has been discussed here over and over again.  A quick search turned up this:

http://njgunforums.com/forum/index.php/topic/53745-traffic-stop-question/?hl=+traffic%20+stop%20+with%20+firearms

 

I would guess there are probably a bunch of other threads on this topic.  The search function is your friend.

 

I actually couldn't find the search. And still can't. I'm feeling technologically inferior right now.

[sosa9999 5]

i don't believe its illegal to lie to a police officer in NJ, it is illegal to lie to a federal officer, anyways if you say you don't have a gun and he finds a gun in your trunk that you re legally transporting, well it doesn't look so good on you

 

best thing is if you get pulled over and the officer asks anything other than that has to do for the reason youre pulled over ie- where are you going?, its best to just say you want to use your right to remain silent, which you have to verbally say in order to be protected by a recent scotus ruling, so dont just stay silent, tell the officer you want to use your right to remain silent 

If the officer ask - where are you going .... should you answer " the gun range" ?

[springfieldxds 0]

If the officer ask - where are you going .... should you answer " the gun range" ?

if an officer asked me where i was going i would say, "thats irrelevant to why you pulled me over, if you feel the need to give me a ticket please do so so that i can be on my way" and after that the only other words that would come out of my mouth are "am i being detained or am i free to go"

 

if youre going to the range keep your mouth shut, take the ticket and be on your way, officers in NJ are told to arrest first and let the courts sort it out, if you tell him you have a gun in your trunk and your going to the range i can almost guarantee youll get arrested, your car will get searched and impounded, and youll never see that gun and any others you might have had in the car again 

[ogfarmer 138]

print and keep in your wallet

[springfieldxds 0]

this is pretty interesting http://fairdui.org/, looks like it can be used anytime you get pulled over, not just for dui's, i wonder if theyre going to come out with one for jersey

[Arbelest 29]

   

 

Is lying to a cop a crime in NJ?

Absolutely it is depending on the context of the questions and answers.  Also depends on the cop, but hindering apprehension could be applied given the circumstances.

[mipafox 438]

 

Absolutely it is depending on the context of the questions and answers.  Also depends on the cop, but hindering apprehension could be applied given the circumstances.

 

 

Oh. It's not in PA. Only false written or sworn statements.

[Bt Doctur 188]

Where are you going?    Answer  That way

Where are you coming from   Answer  That way

Do you have any drugs or weapons?  Answer   Is that the reason you stopped me??  ( Alt Answer: Drugs were shipped last night, guns ship tomorrow night)

And  Remain silent and say: I don't answer any questions without my lawyer present, can I go now?

[silverado427 10,679]

Just relax, take care of the issue at hand, and whenever possible keep your mouth shut. I'm sure more people talk themselves into trouble than out of it.

 ^^^^^^^

[Smokin .50 1,907]

I'm 55 years old.  I've gotten tickets in my lifetime, but none in the last 20 years or so.  Having kids does that to you.  I've never been screwed-with.  Have NRA stickers on my vehicle.  Where are all of these alleged "bad Cops" hiding?  

 

Keep your hands where the Cop can see them at all times.  Turn-on your overhead light to illuminate yourself if pulled-over at night.  Be polite, ask permission to reach for wallet in your pants or papers in glove box.  You may even be asked why did you turn-on the light.  If you are, just say that you thought about HIS or HER safety and wanted to make the stop go easier.  If you did something only mildly stupid you may be let go with just a warning.  If you did something really stupid like going 110 mph in a 65mph zone, you may get only a 2-point ticket (be polite and say thank-you).

 

Are there bad apples pulling folks over?  Yes, probably so, but with the proliferation of cell phone videos hitting You Tube, nobody wants to be famous for being an A-Hole these days.  They just wanna go home at the end of their shifts.  "Where are you headed"?  To the Titty Bar, Home, the Diner, School, etc. are all truthful answers (just bring singles Mr. Big Spender, lol), since stopping for a cheeseburger deluxe isn't a federal crime.  "Where did you come from?" gets this:  Well, (mention the last major road you were on) I might be lost.  I'm not in my own backyard (use if you're out-of town), so if when we're good here, I'd appreciate some help.  It's called de-escallation  and being OK with the Stop instead of IN YOUR FACE.   

 

I turned the overhead light on during a DUI Checkpoint.  Rolled the window all of the way down and said hello.  Was asked where I was coming from at 1:30 am and I truthfully answered that I am a Photographer and was coming from a catering hall, which is where my bride was still partying at.  Was told, OK, be safe, and waived thru.   A minor inconvenience at most....  

 

One last thing....could it be possible that (with a post count of 12) we're being trolled???

[67gtonut 847]

 

 

One last thing....could it be possible that (with a post count of 12) we're being trolled???

 

I am trying to figure that out.....   

[mipafox 438]

 

best thing is if you get pulled over and the officer asks anything other than that has to do for the reason youre pulled over ie- where are you going?, its best to just say you want to use your right to remain silent, which you have to verbally say in order to be protected by a recent scotus ruling, so dont just stay silent, tell the officer you want to use your right to remain silent 

 

 

I've been saying that since the day I got here (except the recent scotus ruling) and people used to say I was being paranoid. I even spelled out the scenarios where telling the truth or lying could cause problems. Years ago.

 

Where are you going?    Answer  That way

Where are you coming from   Answer  That way

 

I think it's baloney, but evasive answers have been honored as elements of RAS or even PC in some jurisdictions. Just a heads-up. In the SCOTUS ruling mentioned above, the guy stopped talking - and that was an element of PC and justified a search. Damn progressive traitors should be recalled by congress, stand trial for treason, and be sentenced to swing.

[W2MC 1,699]

Trolled? Ya think?