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pulled over

b1ack5mith

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dad was speeding (dont tell mom) and a cop pulled dad over. we were both OCing, but my gun was on the floor in plain view. the cop walks up, dad hands him his CWP and i said we had 2 unloaded firearms in the car "thats fine" he said. *we hand him vehicle reg* he said "since you cooperated so well, ill just let you guys off with a warning, have a nice day." didnt even check to see where the guns were LOL!
 

schwarzi88

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correct me if i'm wrong ..... buti heardsomewhere that..... when a LEO pulls u over for whatever and u have a sidearm on or with u in the vehicle he has to call for back-up for him to give u a citation! so most of the time it's not worth the hassle to call in back up for minor offenses so they let u off with a "Warning" .......

like i said i just heard this somewhere and i have never been pulled over before with a firearm on me! so i can't tell u off first hand experience!
 

Citizen

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b1ack5mith wrote:
dad was speeding (dont tell mom) and a cop pulled dad over. we were both OCing, but my gun was on the floor in plain view. the cop walks up, dad hands him his CWP and i said we had 2 unloaded firearms in the car "thats fine" he said. *we hand him vehicle reg* he said "since you cooperated so well, ill just let you guys off with a warning, have a nice day." didnt even check to see where the guns were LOL!

Nice.

It also boldly highlights theidiot police who seize guns for no reason other than automatic personal comfort in lieu of using powers of observation and judgement to determine the second prong of Terry--presently dangerous. If it were all thattrue that everybody with a gun was dangerous,no cop wouldtake a chance. All cops would order everybody out of the car, search for and seize the gun(s). Then ask for the registration.
 

ScottyT

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schwarzi88 wrote:
correct me if i'm wrong ..... buti heardsomewhere that..... when a LEO pulls u over for whatever and u have a sidearm on or with u in the vehicle he has to call for back-up for him to give u a citation! so most of the time it's not worth the hassle to call in back up for minor offenses so they let u off with a "Warning" .......

like i said i just heard this somewhere and i have never been pulled over before with a firearm on me! so i can't tell u off first hand experience!
Negative. I have never heard of this happening -- and I have heard plenty of "pulled over while carrying" stories that DO end in a ticket.

...remember that you don't even have to mention your weapon unless it is concealed. Not saying don't mention it, but you are not required to say anything.
 

Cykaos

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...remember that you don't even have to mention your weapon unless it is concealed. Not saying don't mention it, but you are not required to say anything.

I don't know if this is right or not but I was told in my CC class that if you have a CC permit you must inform the officer that you have a permit and then if you are currently armed or not. So even if you are OC or you don't even have a gun with you, you still have to tell them. This is when you are stopped of course not just when you see an officer or he says hi. This was explained as an administrative rule which is treated as law.

Anyone know for sure if you do have to inform the officer of your permit even when not carrying at all or carrying OC?
 

GeneticsDave

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If you are unarmed, but have you CFP, you are not required to inform the officer. It is recommended that you do inform them to remove suspicion, but you are not required to do so.

If you have your permit and OC, you should still probably inform. Same with OC without a permit. While these may not be required, it is most likely in your best interest to give the LEO the head's up.
 

Cykaos

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Yeah I just looked it up in Utah Gun Law 3rd ed. It says you only have to inform them if you are carrying concealed. I should have looked it up first before asking.

It seems I was taught wrong in my CC class. I even have the handout that says you must tell them if you are armed or not.
 

JoeSparky

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There does seem to be MUCH confusion among certain Instructors and MANY LEO about the requirements....:banghead:

Just wish there was a good way to correct the misinformation without getting the tongue lashing from the LEO who thinks that I must inform about a CF permit even though I am not carrying or carring open.:cuss:

JoeSparky
Cykaos wrote:
Yeah I just looked it up in Utah Gun Law 3rd ed. It says you only have to inform them if you are carrying concealed. I should have looked it up first before asking.

It seems I was taught wrong in my CC class. I even have the handout that says you must tell them if you are armed or not.
 

JoeSparky

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b1ack5mith wrote:
dad was speeding (dont tell mom) and a cop pulled dad over. we were both OCing, but my gun was on the floor in plain view. the cop walks up, dad hands him his CWP and i said we had 2 unloaded firearms in the car "thats fine" he said. *we hand him vehicle reg* he said "since you cooperated so well, ill just let you guys off with a warning, have a nice day." didnt even check to see where the guns were LOL!
I am curious about which locality this happened. and Have you sent a letter commending the manner in which this was handled?
 

swillden

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41 Magnum wrote:
Required or not- JUST TELL THEM. Really. Think on it.

If you don't, and it comes out during further interaction, they're going to be on a whole new level of curious about you.
I'm of two minds about this.

On the one hand, telling them seems to be the way to make things go most smoothly.

On the other hand, if you're legally not required to tell them, then they have no reason to expect that you will, and should know how to deal with that appropriately.
 

JoeSparky

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swillden wrote:
41 Magnum wrote:
Required or not- JUST TELL THEM. Really. Think on it.

If you don't, and it comes out during further interaction, they're going to be on a whole new level of curious about you.
I'm of two minds about this.

On the one hand, telling them seems to be the way to make things go most smoothly.

On the other hand, if you're legally not required to tell them, then they have no reason to expect that you will, and should know how to deal with that appropriately.
And I agree with you 100%.... while not REQUIRED if not carrying concealled, it would seem to be a way to help things go smoothly.

I wonder....

CFP Holder, "Officer, I am NOT required to tell you that I am open carrying with a concealled firearm permit."

Officer, "YOU ARE REQUIRED TO TELL ME IF YOU HAVE A CONCEALED FIREARM PERMIT!"

DFP Holder, "Officer, please accept this copy of the regulation and here also is AG Shurtleif (sp)'s transcript of testimony to the Utah State legislature on a related matter."



Seems like it is just going to fall on deaf ears most of the time....:banghead:

Joe Sparky
 

SlimsBFG

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schwarzi88 wrote:
correct me if i'm wrong ..... buti heardsomewhere that..... when a LEO pulls u over for whatever and u have a sidearm on or with u in the vehicle he has to call for back-up for him to give u a citation! so most of the time it's not worth the hassle to call in back up for minor offenses so they let u off with a "Warning" .......

like i said i just heard this somewhere and i have never been pulled over before with a firearm on me! so i can't tell u off first hand experience!



The UHP officer that pulled me over on I-15 in Draper didn't call in backup and DID issue me a citation...difference being my weapon was securely encased and in plain view!
 

UTOC-45-44

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SlimsBFG wrote:
schwarzi88 wrote:
correct me if i'm wrong ..... buti heardsomewhere that..... when a LEO pulls u over for whatever and u have a sidearm on or with u in the vehicle he has to call for back-up for him to give u a citation! so most of the time it's not worth the hassle to call in back up for minor offenses so they let u off with a "Warning" .......

like i said i just heard this somewhere and i have never been pulled over before with a firearm on me! so i can't tell u off first hand experience!



The UHP officer that pulled me over on I-15 in Draper didn't call in backup and DID issue me a citation...difference being my weapon was securely encased and in plain view!

How can a weapon be BOTH "securely encased and in plain view!" at the SAME time ???:?

TJ
 

swillden

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JoeSparky wrote:
swillden wrote:
41 Magnum wrote:
Required or not- JUST TELL THEM. Really. Think on it.

If you don't, and it comes out during further interaction, they're going to be on a whole new level of curious about you.
I'm of two minds about this.

On the one hand, telling them seems to be the way to make things go most smoothly.

On the other hand, if you're legally not required to tell them, then they have no reason to expect that you will, and should know how to deal with that appropriately.
And I agree with you 100%.... while not REQUIRED if not carrying concealled, it would seem to be a way to help things go smoothly.

I wonder....

CFP Holder, "Officer, I am NOT required to tell you that I am open carrying with a concealled firearm permit."

Officer, "YOU ARE REQUIRED TO TELL ME IF YOU HAVE A CONCEALED FIREARM PERMIT!"

DFP Holder, "Officer, please accept this copy of the regulation and here also is AG Shurtleif (sp)'s transcript of testimony to the Utah State legislature on a related matter."

Seems like it is just going to fall on deaf ears most of the time....:banghead:
I would never advocate arguing with the officer about it. If the officer insists on seeing your permit when you don't have reason to show it, give it to him then file a complaint afterwards.

In general, the time to address LEOs who overstep their authority is AFTER the incident. While you're there, just do what you're told. At most, it may be useful to point out to the officer that you're complying with his orders, but doing so against your will. That way they can't claim that you did it voluntarily.
 
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