Declaring

asharma94

asharma94

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Hey so i was just wondering if i was to get pulled over while having a firearm in my trunk fully secured unloaded and all that stuff, do i have to tell the police officer that there is a firearm in the vehicle ? Or do i just carry on and everything as if the vehicle has no firearms in it.
I know the legal terms if carrying firearms and everything and the whole 9 yards but i just wanted to know if i have to declare it, i was thinking if i do no harm no foul its unloaded it legal and everything so no harm done.
 
OK, after the police officer asks ... you answer honestly.
Next he asks to see it.
You decline.
He asks why not?
You provide some reason.
Is that the end of it?
From what I've read, legally - yes, that should be the end of it.
What are the odds of him insisting on seeing it or not letting you go at that point, and how would you handle it?
OK, you ask him then "Am I under arrest?" and/or "Am I free to go?" ... he still may not be "cooperative".

Just wondering on how to deal with such a sitaution, should it arise ... and wondering how likely that is to even happen???
 
If you own a restricted/prohibited firearm, a police officer should already know this (among a number of other things) before even approaching your vehicle. Their choice as to whether they want to ask you if it's in your vehicle. Non-restricted, different story. I'd say don't mention anything unless asked, or if you are asked to step out of your vehicle.
 
alawishes said:
If you own a restricted/prohibited firearm, a police officer should already know this (among a number of other things) before even approaching your vehicle. Their choice as to whether they want to ask you if it's in your vehicle. Non-restricted, different story. I'd say don't mention anything unless asked, or if you are asked to step out of your vehicle.
Click to expand...

Not true. How would an officer know you have firearms with you in the car at the time, the registry and ATT are not all seeing eyes (thank God) as to where guns are.

As to the OP's question, do not volunteer the information as this gives the officer grounds to search your car (the police are allowed to search a vehicle if they have reasonable belief that a firearm will be found... since you just said you have one that's reasonable enough). If it's a traffic stop and the cop asks about your guns just politely ask him why you were stopped (ie the ostensible reason is for the traffic stop so he should stay on that topic)? If he persists simply say that you do not understand the question and ask if you are free to go. The cop can't go on a fishing expedition unless you let him.

Be polite, do not lie, but also do not acknowledge that you have firearms with you. If he's asking it means he's probably angling for a search.

If the cop tells you to get out (ie he wants to do a search) do not physically resist, simply say clearly that you 'Do not consent to any searches'. This removes the ambiguity that may arise when an officer asks a loaded question like "You don't mind if I have a look? You aren't hiding anything right?"
 
"...do I have to tell the police officer..." No, but it doesn't hurt anything if you do. Keeps the cop from getting scared. Most cops have never seen any real firearm other than their issue piece, so he/she might just be curious. Mind you, he cannot search your vehicle without your permission unless you've done something illegal. If, for whatever reason(like a boozin' charge) tell 'em right away. It's not a big deal and your butt will be covered in the event your car is towed and your property is stolen. Otherwise, it comes down to a 'your call' thing.
 
blackops21k said:
Not true. How would an officer know you have firearms with you in the car at the time, the registry and ATT are not all seeing eyes (thank God) as to where guns are.
Click to expand...

I think he just meant that if they checked they could find out if you have R or Prohib guns (because they still have lists for those). Then the LEO can decide if they want to ask you if you have them in your car.

OP, pretty much what everyone else said. Just be calm and don't waffle back and forth with your answers. Don't be a #### to the LEO like some posters have suggested in previous threads on this topic. The LEO might not get you on something to do with your guns but guaranteed he'll find something to ticket you with if you're an a*shole to him.
 
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