Getting pulled over while transporting a restricted firearm

I have yet to be stopped while transporting firearms, but if I do then this is how I will proceed.

IMMEDIATELY start my phones video camera to record the interaction with the Officer.

And, my first question will be to politely ask the officer why I am being stopped.

All the while being polite & compliant at all times but NEVER consenting to a search OR answering questions like "Where are you coming from, where are you going to?"

Cheers
Jay
 
Jay said:
I have yet to be stopped while transporting firearms, but if I do then this is how I will proceed.

IMMEDIATELY start my phones video camera to record the interaction with the Officer.

And, my first question will be to politely ask the officer why I am being stopped.

All the while being polite & compliant at all times but NEVER consenting to a search OR answering questions like "Where are you coming from, where are you going to?"

Cheers
Jay
Click to expand...

I'm not the type to worry to the point of recording things. And to be frank, I didn't think you were either, Jay. No offense.
 
joe-nwt said:
I'm not the type to worry to the point of recording things. And to be frank, I didn't think you were either, Jay. No offense.
Click to expand...

I'm not actually worried about a legit traffic stop. BUT... I'm also of the opinion that the ONLY thing a judge will believe is a video, followed by the police officer & lastly me...

You'll also notice that I rarely, if ever, get involved in these discussions... They always go off the rails... There are just too many variables in any given scenario... I will say however, that someone going about their daily business, has no obligation to tell an officer where they are coming from/going to AND neither are they required to consent to a search without a warrant.

My intent is not to make an officers job more difficult, just that officers should not tread on folks rights.

Cheers
Jay
 
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CheeckyChick said:
Thanks so much for the replies. I'm going to call tomorrow to see what CFO has to say about it. Thanks again :)
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The type of question you are asking involves the Criminal Code (including firearms sections, search sections, and rules of evidence), Charter of Rights, and Firearms Act. The CFO will not be able to provide an answer that is worth any more than the replies you are getting here. They are not lawyers and this is a complicated issue.

The long and short should be, IMO, do not offer ANY information. If asked, answer truthfully but sparingly. Make sure your firearms are being transported according to the RCMP pamphlet provided in the link above, and have your ATT and certificate with you.

Sec 25 of the criminal code allows an officer to ask you to do something that would otherwise be an "omission or offence". So even if it comes to an officer wanting to see inside your restricted case, let them. You can not be charged unless they find it loaded or unlocked (even then, this is where the search and seizure laws begin to effect).

I maintain it has never been proven that it is illegal to open a case containing a restricted firearm at the direction of a police officer (I am not a lawyer) but there should be very little chance of you ever being asked to do so.

You DO NOT have to announce that you are transporting firearms if you are stopped for a traffic infraction.

In short, keep it legal, keep it simple.
 
BigWil said:
There are 3 ways:

1. The police officer runs your name, sees you have an RPAL, and asks you
2. You tell the police officer
3. The police officer sees the gun case.
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This was a question that came upon me as I slept...go figure. If pulled over for a moving violation, and they run your driver's license, does the central data base they check have information that you do possess a PAL/RPAL?
 
Your PAL and RPAL info is in the Canadian Police Information Centre, which can be accessed by the computer
in any police cruiser.

My educated guess is that running your driver's license probably makes that connection,
but I don't know if that detail is on the "front" screen first presented to the officer making the request.
(Or if they have to scroll/page).

Those kind of transactions is where they get those inflated license database access activity stats
which are the darlings of the antis.

http://en.wikipedia.org/wiki/Canadian_Firearms_Registry

As of June 2010, the CFRO is reportedly accessed 14,012 times per day. Only 530 (3.7%) of those "hits" are specific to firearms registration (licence number, serial number and certificate number).[29] The remaining 13,482 (96.3%) are automatically generated every time an address is checked or a licence plate is verified.
 
rodregier said:
Your PAL and RPAL info is in the Canadian Police Information Centre, which can be accessed by the computer
in any police cruiser.

My educated guess is that running your driver's license probably makes that connection,
but I don't know if that detail is on the "front" screen first presented to the officer making the request.
(Or if they have to scroll/page).

Those kind of transactions is where they get those inflated license database access activity stats
which are the darlings of the antis.

http://en.wikipedia.org/wiki/Canadian_Firearms_Registry

As of June 2010, the CFRO is reportedly accessed 14,012 times per day. Only 530 (3.7%) of those "hits" are specific to firearms registration (licence number, serial number and certificate number).[29] The remaining 13,482 (96.3%) are automatically generated every time an address is checked or a licence plate is verified.
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No it does not.
 
If a cop wants to see your firearm, it's because he's never seen any real firearm other than his issue piece. Most never saw any real firearm prior to getting hired. While he has no reason to see it, let him anyway. Most cops are good guys and just want to see other stuff. The reality is that he can ask for your ATT, but cannot search your vehicle without a reason.
"...see what CFO has to say about it..." They're clerks, not judges or lawyers.
 
sunray said:
If a cop wants to see your firearm, it's because he's never seen any real firearm other than his issue piece. Most never saw any real firearm prior to getting hired. While he has no reason to see it, let him anyway. Most cops are good guys and just want to see other stuff. The reality is that he can ask for your ATT, but cannot search your vehicle without a reason.
"...see what CFO has to say about it..." They're clerks, not judges or lawyers.
Click to expand...

If a cop pulled me over and said he just wanted to see it, I would gladly take him shooting.
 
floman said:
This was a question that came upon me as I slept...go figure. If pulled over for a moving violation, and they run your driver's license, does the central data base they check have information that you do possess a PAL/RPAL?
Click to expand...

On my MDT, it's a matter of clicking another check box before running someone's info to get a response reference PAL/RPAL.
 
The last time I was pulled over with a firearm, the officer saw the case, asked if it was a rifle, asked if I had a license to have it and then asked me ... And I quote "everything good with it?" .. Didn't actually check my license or the goodness of it... And I didn't feel it necessary to bring up the half dozen handguns under the rifle case
 
The only time I've ever been pulled over with a gun, he wasn't even interested and there were guns all over the back of the truck. He just asked if we were going hunting and said good luck. He gave me a $105 ticket for no plate on the trailer.
 
What I find unpleasant about this topic, is that no matter how many guns I had with me,I never gave being stopped a second thought. It simply was not an issue.
 
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