Results 1 to 18 of 18

Thread: Odd Nevada Highway Patrol Stop, wrong on regs

  1. #1
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    6

    Post imported post

    I am from California and was passing through Nevada on my way home from a hunting trip in Idaho. Between Jackpot Nevada and Wells Nevada there was heavy truck traffic. A few miles before Wells I passed a truck I had been slowly following for several miles on an apparent dashed line. As I completed the pass the line switched to double yellow and 2 Nevada Highway Patrol vehicles were on the side of the road.

    So a few miles down the freeway I get pulled over. I had been open carrying in Idaho and when I was wearing a jacket carrrying concealed since Idaho recognizes my California CCW permit. When I passed into Nevada I was wearing a sweatshirt and actually removed my firearm into my center glove box. I did that because I read the Nevada regulations allowing firearms to be carried in a vehicle openly or concealed as long as it wasn't concealed on the person.

    The following is as best as I can remember of the conversation. I made several mistakes I normally would not. I usually do not have any conversation with law enforcement and would have refrained from answering his questioning on firearms.

    NHP: What was up with that back there?

    Me: With what?

    NHP: Passing on the double yellow?

    Me: It didn't turn double yellow until where you were parked and I was completing my pass.

    NHP: It is double yellow for 8 miles.

    NHP: Do you have your license and registration.

    Me: Yes (handed him my ca dl and registration)

    NHP: Do you have any pistolas in the vehicle. (yes he said pistolas)

    Me: Yes in my center glove box.

    NHP: OK keep you hands out of there and we will be cool.

    Me: OK

    At this point he leaves my vehicle to go to his vehicle. Shortly there after another NHP vehicle pulls alongside. He then returns to the drivers side of the vehicle.

    NHP: Is your pistol loaded?

    Me: Yes it is.

    NHP: (very condescening) WHY?

    Me: It is perfectely legal in Nevada.

    NHP: No it isn't. You cannot have a loaded pistol concealed in your vehicle. Do you have a concealed carry permit.

    Me: I have a California CCW.

    NHP: Let me see it.

    Me: Here you go.

    NHP: Your pistol needs to be concealed on your person.

    Me: The law says it cannot be concealed on my person as my CA CCW is not recognized by Nevada. (I know should have kept my mouth shut)

    NHP: You have that bassackwards (sic). This CCW is good almost anywhere in the country now. You need to conceal it on your person. The DOT does a bad job on those lines so I am going to walk away from this one. Good day.

    How can a Nevada Highway Patrol officer be so terribly misinformed? I stopped at the gas station/mcdonalds in Wells. I had transferred my weapon to open carry. A 20 something female metioned to her boyfriend, "He is carrying a pistol". The boyfriend gave here a perfect definition of the gun laws in Nevada and the way he spoke I assume he was not from Nevada.



  2. #2
    Regular Member
    Join Date
    May 2007
    Location
    , ,
    Posts
    524

    Post imported post

    caduckhunter wrote:
    How can a Nevada Highway Patrol officer be so terribly misinformed?
    Very easily.

    Ken

  3. #3
    Regular Member
    Join Date
    Mar 2008
    Location
    Washoe County, Nevada, USA
    Posts
    256

    Post imported post

    Totally unsurprising. Cops know the 10 laws they earn a living busting people for and the rest? If they bother they get on the phone or radio and ask the sergent or lieutenant for clarification I bet.

    This guy just winged it, when you spooked him, knowing more gun law than him, he became sheepish and backed off. That probably saved you from even getting that double yellow passing moving violation. Congrats!

  4. #4
    Regular Member
    Join Date
    Dec 2007
    Location
    Fallon, Nevada, USA
    Posts
    927

    Post imported post

    Yep, another case of NHP ignorance of the law. The NHP is the one that had it "bassackwards."

    CCW (on your person) in NV without a valid permit (and CA is NOT valid here) can be charged as a felony.

    Concealed in the vehicle (but NOT upon your person) is lawful.

    The ONLY good thing is the fact he didn't hassel you further.But, of course, that doesn't excuse his ignorance nor condescending manner.

  5. #5
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    90

    Post imported post

    With respect to answering the NHP's question, how should one respond to "Do you have any guns in your car"? If you have a firearm in the glove compartment box and you tell the officer, no, are laws being broken? Does the cop have a right to even ask?

  6. #6
    Regular Member
    Join Date
    Nov 2008
    Location
    , Nevada, USA
    Posts
    716

    Post imported post

    DESERT ATILLA wrote:
    With respect to answering the NHP's question, how should one respond to "Do you have any guns in your car"? If you have a firearm in the glove compartment box and you tell the officer, no, are laws being broken? Does the cop have a right to even ask?
    He can ask about guns in the car all that he wants.You can get into trouble by lying to him about them. You don't want to have guns found by surprise after you've said that there were none present.

  7. #7
    Regular Member
    Join Date
    Dec 2007
    Location
    Fallon, Nevada, USA
    Posts
    927

    Post imported post

    DESERT ATILLA wrote:
    With respect to answering the NHP's question, how should one respond to "Do you have any guns in your car"? If you have a firearm in the glove compartment box and you tell the officer, no, are laws being broken? Does the cop have a right to even ask?
    I'm not an attorney. But as I understand it, a cop can ask just about anything when he encounters you.

    As already said, one should never lie.

    However, perhaps a good answer would besomething like this: "I have no unlawful items in my vehicle." Or, "Yes, I have a lawfully carried/transported firearm ..."

    How does that sound?

    See this video: http://www.youtube.com/watch?v=yqMjM...eature=related Although it uses someunlawful activity as examples, it appears to have good advice for lawful firearms owners too.

  8. #8
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    caduckhunter wrote:
    I am from California and was passing through Nevada on my way home from a hunting trip in Idaho. I had been open carrying in Idaho and when I was wearing a jacket carrrying concealed since Idaho recognizes my California CCW permit.
    DidI just read this correctly??? Somebody actually has a California issued permit?

    AMAZING! And they say that observing a fellow open carrier is a unicorn sighting. If I were the officer that stopped you, and found out that you had a California permit, you would have been free to go immediately.

    Even though you think that you should have kept your mouth shut, it sounds like he may have tried to issue you a citation for something that he believes to be unlawful. Since he thought your information was "bassackwards" due to a "DOT" mistake, maybe he decided to go easy on you.

    I would write a letter to the nevada Highway Patrol. If you have his name, you should mention that he was polite and professional, but wrong. If he understand the law incorrectly, he may be issuing tickets to people that are law abiding. Especially if for no reason he is asking if you have a "pistola".

    Welcome to OCDO!:celebrate Post often, and do tell how you received that permit!
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  9. #9
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313

    Post imported post

    DESERT ATILLA wrote:
    With respect to answering the NHP's question, how should one respond to "Do you have any guns in your car"?
    I was stopped once for carrying openly at the Utah County Fair. The Sheriff asked me if I had a Conceaeld Firearm Permit. I responded,"I may or may not have a permit". He did notcare forthat much!

    Yes, they can pretty much ask anything they want, but you need not answer if you don't want to. Unless for some reason there is a law that requires one to answer a specific question, just let them keep guessing!

    Welcome to OCDO! :celebrate
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  10. #10
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    6

    Post imported post

    DidI just read this correctly??? Somebody actually has a California issued permit?
    Yep. I actually live in a free county so to speak inside California- Kern County. The home of Buck Owens and Merle Haggard. We issue more CCW permits than the entire rest of the state combined.

    Our last Sheriff turned the entire county into basically a shall issue county. A few years ago we had an election and a new frontrunner challenging the current Sheriff ran asa pro second amendment, CCW supporter.

    Within a month of him winning the office he had mailed out letters to residents living inside city limits inside the county informing them he would no longer renew their CCWs. He got a huge amount of phone calls, visits and actually media attention and reversed course claiming they were sent in error. LOL.

    I think as far as the question, "Are their firearms in the car?"... My planned response and response I have used in the past has always been, "I don't wish to answer any questions". If the officer continues you can then ask, "Am I being detained or am I free to go". In my opinion this will at least get the clock ticking and your refusing to answer questions or further refusing to allow any search beyond Terry (if the answerto being detained is yes do to the traffic stop)would not constitute any kind of "Probable Cause".

  11. #11
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    90

    Post imported post

    Ok. I understand the lying thing. I figured that would be the answer. Here is another thought. Were does the 5th amendment come into play? I don't mean to be a pain. I'm just playing the devil's advocate to get others' point of view.

  12. #12
    Regular Member
    Join Date
    Dec 2007
    Location
    Fallon, Nevada, USA
    Posts
    927

    Post imported post

    DESERT ATILLA wrote:
    Ok. I understand the lying thing. I figured that would be the answer. Here is another thought. Were does the 5th amendment come into play? I don't mean to be a pain. I'm just playing the devil's advocate to get others' point of view.
    Someone correct me if I'm wrong, but I think that in Nevada, as far as absolute requirements go, you must only provide your name.

    Right? Wrong?

    That said, one can be polite and courteous without incriminating oneself.

  13. #13
    Regular Member
    Join Date
    Apr 2008
    Location
    Carson City, Nevada, USA
    Posts
    344

    Post imported post

    varminter22 wrote:
    DESERT ATILLA wrote:
    Ok. I understand the lying thing. I figured that would be the answer. Here is another thought. Were does the 5th amendment come into play? I don't mean to be a pain. I'm just playing the devil's advocate to get others' point of view.
    Someone correct me if I'm wrong, but I think that in Nevada, as far as absolute requirements go, you must only provide your name.

    Right? Wrong?

    That said, one can be polite and courteous without incriminating oneself.
    Correct, only your name. Terry stops also can't go for longer than one hour.

  14. #14
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    90

    Post imported post

    Where did you see the time limit? The only language I've seen only states "reasonable time" for detention for Terry Stops.

  15. #15
    Regular Member
    Join Date
    Jan 2009
    Location
    Woodland, California, USA
    Posts
    155

    Post imported post

    yeah they are really bad on their knowledge of well, any laws up there in nevada. i am currently fighting NHP and DOT on a logbook violation in a class A. for being illegal while i was sleeping in the sleeper berth getting my reset while my friend was driving and was legal..... yeah, its that bad.

  16. #16
    Regular Member
    Join Date
    Apr 2008
    Location
    Carson City, Nevada, USA
    Posts
    344

    Post imported post

    DESERT ATILLA wrote:
    Where did you see the time limit? The only language I've seen only states "reasonable time" for detention for Terry Stops.
    NRS 171.123 (4)...'and in no event longer than 60 minutes'. That's why I make copies of these statutes, laminate 'em and carry them.

  17. #17
    Newbie
    Join Date
    Jul 2008
    Location
    Swanzey,NH, ,
    Posts
    218

    Post imported post

    I see people saying, lying to the cops is a crime. Do some states have that charge? I know lying to a Federal Agent is a crime. But in The Peoples Republic of Massachusetts where I still work there is no charge for lying to the police. In fact it is a common practice.

  18. #18
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    90

    Post imported post

    Thanks Loneviking. I also carry a copy of the NRS with me. But my copy involves other chapters. I'll be sure to add this one to my list.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •