Getting pulled over while transporting a restricted firearm

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CheeckyChick

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Hi everyone,

I’ve only had my firearms licence for a short time and have a question regarding transporting a restricted firearm.

If I were to get pulled over for a traffic violation while transporting my restricted firearm and the police officer wants to verify my gun can I or them open it for him/her to inspect.??

I’ve been told that I’m not allowed to open it. It’s my understanding that I’m only allowed to open my case at the gun club or at home. And, if this is the case do you know where I can print these rules to keep in my glove box for future reference just in case.

Thanks
Cheecky
 
This question comes up often and I'm not sure it has been answered with any certainty. It has been argued that you must follow the terms of the ATT and not open the case under any circumstance. It has also been argued that when instructed by a law enforcement officer to do something that would otherwise constitute a criminal act, you would not be committing a criminal act. I heard this same discussion Saturday at the range between an instructor and another member.
Perhaps you would be best to call the CFO and/or the RCMP for a more definitive answer.

Baxtercharlie: Those are the guidelines for safe/legal storage and transportation and have nothing to do with the conditions of an ATT.
 
if you agree to the search the officer will not likely ask you to open the case if it clearly locked. he may ask to see your documentation. if he orders you to open it, he can't turn around and nail you for doing so. that's like being ordered to drop your pants for a search and then being nailed for indecent behaviour.
 
on a side note he does have to have reason to believe that you have committed a criminal act, otherwise he would have no reason to ask you to open it.
 
while I agree 100% in principle, reality can be different. it could be as simple as someone with a grudge calling in a complaint about a handgun being unsafely transported or just somebody who thinks that they understand the law but in reality doesn't.
 
Many years ago I lived on a hill above the street and I was going to the range with restricted firearms. A cop just happened to past by as I was going down the sidewalk. So he pulled over down the street to see what I was doing. Soon as I passed him he pulled behind me. So I stopped. He didn't know what to do, I out gunned him on paper...38 S&W 38spl for him. So I held my carry permit out the window like a flag so he didn't shoot me. he took a chance and came to check the carry permit. Then we both left.
 
CheeckyChick said:
Hi everyone,

I’ve only had my firearms licence for a short time and have a question regarding transporting a restricted firearm.

If I were to get pulled over for a traffic violation while transporting my restricted firearm and the police officer wants to verify my gun can I or them open it for him/her to inspect.??

I’ve been told that I’m not allowed to open it. It’s my understanding that I’m only allowed to open my case at the gun club or at home. And, if this is the case do you know where I can print these rules to keep in my glove box for future reference just in case.

Thanks
Cheecky
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Unless there are some sort of grounds for checking the security of the firearm, there is no reason for them to go from traffic stop to gun. However, if they see the case etc and ask to see it and you let them, you will not get in trouble for opening the case.

J
 
I spoke with a friend who is a law enforcement officer.
His advice would be to hand the officer the keys/combination to open the case, step back and allow the office to open/access the restricted firearms on their own. They are considered more than qualified to do this.
He further indicated this is the guidance his detachment has provided he and his colleagues when on duty.
It's sort of like Canada Customs conducting a search of your luggage at the airport; you step back and let them do all the work.

I'm aware there is the position that the officer should not be conducting a search without reason or a warrant, but in this case, the path of least resistance is to provide the access willingly. If you don't, it could be considered you are hiding something. I, personally, would not want an officer thinking I was hiding anything.

I didn't ask if he could point to a law or policy in the firearms act and I'm not sure if there is one....but though I would pass this along nonetheless.
 
ok I have a pretty new rpal but no restricted firearms so Im not up to speed so much on ATTs etc,, but Just curious how the officer would even know you were transporting a firearm if you didnt tell him. Any ideas?And is one obligated to advise the officer?
 
JimDO said:
ok I have a pretty new rpal but no restricted firearms so Im not up to speed so much on ATTs etc,, but Just curious how the officer would even know you were transporting a firearm if you didnt tell him. Any ideas?And is one obligated to advise the officer?
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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.
 
A valid question from a newbie R/PAL holder. I won't add anything except to say I wouldn't lose any sleep on the off chance you would be pulled over for whatever reason. As long as your "papers" are in order and you are following the transport regulations, don't sweat it.

I know there are more that a few people here on CGN that are absolutely paranoid about traveling with a restricted firearm. I swear some of them would sh*t themselves if they ever spotted a police car behind them. Those people really should pick a different sport.
 
JimDO said:
Still curious...is one obligated to advise once stopped? Unless he saw you pull out of a gun range..i dont see how he would even ask these questions.
Maybe I should do some creative reading :)
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I only answer direct questions with direct honest answers :) I don't go out of my way to offer information.
 
I have been pulled over 3 times in the last year (my truck is fairly flashy and stands out), the first occasion I was doing nothing wrong, just driving across town to pick up a friend when the cherries came on. They said that they had ran my plate and it came up with no owner.

What a bunch of bull.

They then proceeded to ask if I had any drugs, alcohol, or firearms in the vehicle which was all a big no. Small town cops just ain't got nothing better to do.

I get asked all of the above every time the cherries come on.
 
I got pulled over last deer season and I had a couple of firearms in the back seat of my truck in gun cases. I know they pulled me over because they suspected a DUI because I had been seeing a lot of deer that morning on the side of the road and was looking for them driving slow. They saw the gun cases, asked if I was hunting, asked if they were loaded, then left.
 
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