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Thread: Pulled Over With Gun In Car

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    Hey every one I have a quick one to ask yall, If I get pulled over buy the police and i dont have a CHP, and my gun is laying in the seat beside me, Should i go ahead a tell the police officer that there is a gun in the car with me as soon ashe/she gets to the window. Or just wait and see if says any thing, Because My Dad said "Go ahead and let them know better safe then sorry"

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    Regular Member ChinChin's Avatar
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    100% your call. there is no law nor duty to inform a LEO in the Commonwealth, so it is up to you if you want to declare it or not.

    If you do declair it; I'd advise you to pick your wording very carefuly. Of course, any officer/trooper/dupty worth their salt is going to take notice of the loaded firearm within wingspan of a driver; so there is that. Just remember your second and forth amendment rights. Invoking them is your call.
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    ChinChin wrote:
    100% your call. there is no law nor duty to inform a LEO in the Commonwealth, so it is up to you if you want to declare it or not.

    If you do declair it; I'd advise you to pick your wording very carefuly. Of course, any officer/trooper/dupty worth their salt is going to take notice of the loaded firearm within wingspan of a driver; so there is that. Just remember your second and forth amendment rights. Invoking them is your call.
    Now see this is where it get confusing, I drive a 86' K5 Blazer, and its all jacked up in the air. I have to jump to get in and im 5'9, if the cop comes to the window he/she is going to be looking up at me, he cant see whats in the seat, but My gun is still in open view with out the intent toCC.

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    fire_man2340 wrote:
    ChinChin wrote:
    100% your call. there is no law nor duty to inform a LEO in the Commonwealth, so it is up to you if you want to declare it or not.

    If you do declair it; I'd advise you to pick your wording very carefuly. Of course, any officer/trooper/dupty worth their salt is going to take notice of the loaded firearm within wingspan of a driver; so there is that. Just remember your second and forth amendment rights. Invoking them is your call.
    Now see this is where it get confusing, I drive a 86' K5 Blazer, and its all jacked up in the air. I have to jump to get in and im 5'9, if the cop comes to the window he/she is going to be looking up at me, he cant see whats in the seat, but My gun is still in open view with out the intent toCC.
    Unless the Court can prove you are driving a jacked up Blazer with the purpose of hiding a firearm you are ok. Just because someone can't see it does not mean it's hidden from common observation.

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    Thank You

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    What about if I'm OC and I jump into my truck to run to town (I don't have my CHP yet). Can I keep my firearm holstered, on my person (my right side), or do I need to pull it out of the holster and place it on the passenger seat or center console so that it's not concealed?

    Since it's holstered on my right side, I think the argument could be made that it's concealed since it's not going to be in plain view. Even though there is no garment covering it, it will be hidden from view by my body.

    If I get pulled over - should I unholster it as I'm slowing to pull over and place it on the seat?



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    As soon as I get in my vehicle my weapon comes out of the holster, and usually side ways in my unused ash tray, or in my pull out drink holder. Now if and when you need your gun while in your car, trying to unholster it, could be tricky under threat of life or limb. So for me if I'm in the car, my gun is ready instantly, that's just me. HoweverI carry it in the car it is certainly visible to anybody looking in.

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    I would recommend having a holster of some type that the firearm can be fixed in place. Sitting on the seat on in a drink holder if you need to brake hard or swerve the firearm could be thrown in the floor, and become stuck under the peddles.


    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



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    I normally do not use the seat, but the drink holder and ash tray for my keltec are very secure, I place the pistol upside down sideways across the drink holder of my van, it is very secure unless i get t boned or something, even then it would only hit the dash or steering colum. But thanks for the concern. I thought about adhering a level 1 holster to my dash board just to the right of my streering wheel, quick easy and in plain sight.

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    fire_man2340 wrote:
    Because My Dad said "Go ahead and let them know better safe then sorry"
    Your dad is a smart man.
    James Reynolds

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    fire_man2340 wrote:
    Now see this is where it get confusing, I drive a 86' K5 Blazer, and its all jacked up in the air. I have to jump to get in and im 5'9, if the cop comes to the window he/she is going to be looking up at me, he cant see whats in the seat, but My gun is still in open view with out the intent toCC.
    My suggestion is to do as you would normally do. I'd make sure it's in the open when you drive and if you get lit up for driving too fast, failure to yield, whatever. . .just sign the ticket and go about your merry way.

    If for whatever reason you get asked to step out of the car, just step out after you've rolled up the windows and locked the door (and have the keys on you.) If the police suspect you of a crime and have PC to search; they'll find it and ask you about it. If it's in the open (not concealed), the gun doesn't have anyfiled off serial numbersand you aren't a felon. . .there is no crime comitted and no reason to sweat it.

    If you give them consent to search absent of any PC is up to you to decide. I wouldn't, but that is just me. Only you can decide what is appropriate for you given your situation at the time.
    The problem with the internet is nobody can really tell when you’re serious and when you’re being sarcastic. –Abraham Lincoln

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    ProShooter wrote:
    fire_man2340 wrote:
    Because My Dad said "Go ahead and let them know better safe then sorry"
    Your dad is a smart man.
    Why? Time and time again notifying police creates a problem - forces them to DO SOMTHING.

    If there is no requirement to notify, then don't.

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    Mike wrote:
    ProShooter wrote:
    fire_man2340 wrote:
    Because My Dad said "Go ahead and let them know better safe then sorry"
    Your dad is a smart man.
    Why? Time and time again notifying police creates a problem - forces them to DO SOMTHING.

    If there is no requirement to notify, then don't.
    I disagree, and for every instance where you say that it creates a problem, there are numerous instances where no problem occurs. There is no duty to notify, but there is common sense at work here.
    James Reynolds

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    Mike wrote:
    ProShooter wrote:
    fire_man2340 wrote:
    Because My Dad said "Go ahead and let them know better safe then sorry"
    Your dad is a smart man.
    Why? Time and time again notifying police creates a problem - forces them to DO SOMTHING.

    If there is no requirement to notify, then don't.
    +10

    Notifying police that you are a gun owner can get you on a database. (You are already in the database if you have a CHP). None ofanybodies business. If you really want to tell them though, put electrical tape over the serial numbers now, so they cannot enter your gun 's serial number in their database after they jack you up and temporarily "hold" your gun.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    ProShooter wrote:
    Mike wrote:
    ProShooter wrote:
    fire_man2340 wrote:
    Because My Dad said "Go ahead and let them know better safe then sorry"
    Your dad is a smart man.
    Why? Time and time again notifying police creates a problem - forces them to DO SOMTHING.

    If there is no requirement to notify, then don't.
    I disagree, and for every instance where you say that it creates a problem, there are numerous instances where no problem occurs. There is no duty to notify, but there is common sense at work here.
    [line]


    I agree completely, I was returning from a job in WV and my local pd Bluefield VA pd stopped me due to "swerving" {might have been, it was a 14 hr shift}

    but he came up and I exchanged pleasantries, and then informed him my Duty weapon was next to me along with my MP5k. He said, and i quote "Thanks, and thats no problem at all" and continued with why he stopped me, and we talked about my work for a few minutes then we said have a good night to one another.

    He showed no concern whatsoever, he had Cpl chevrons so im sure he was informed of legality however. But never can be sure.

    Either way, I do unto them as id have them do unto me, is how I operate.

    :See you on the front:
    Dana




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    ChinChin wrote:
    fire_man2340 wrote:
    Now see this is where it get confusing, I drive a 86' K5 Blazer, and its all jacked up in the air. I have to jump to get in and im 5'9, if the cop comes to the window he/she is going to be looking up at me, he cant see whats in the seat, but My gun is still in open view with out the intent toCC.
    My suggestion is to do as you would normally do. I'd make sure it's in the open when you drive and if you get lit up for driving too fast, failure to yield, whatever. . .just sign the ticket and go about your merry way.

    If for whatever reason you get asked to step out of the car, just step out after you've rolled up the windows and locked the door (and have the keys on you.) If the police suspect you of a crime and have PC to search; they'll find it and ask you about it. If it's in the open (not concealed), the gun doesn't have anyfiled off serial numbersand you aren't a felon. . .there is no crime comitted and no reason to sweat it.

    If you give them consent to search absent of any PC is up to you to decide. I wouldn't, but that is just me. Only you can decide what is appropriate for you given your situation at the time.
    If you have it holstered on your hip, I would let the officer know you're carrying before exiting the vehicle. If you haveto touch/move the firearm in the officer's presence in order to get to your registration, license, etc, then I'd notify (I try to get all my paperwork in hand before he reaches my window, though). If for some reason he asks if you are armed (such as, he happens to see your CHP while you're pulling out your license), I'd give him an honest answer. Other than that, there's really no reason to tell him you're carrying, since there's no notification requirement in Virginia.

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    ProShooter wrote:
    Mike wrote:
    ProShooter wrote:
    fire_man2340 wrote:
    Because My Dad said "Go ahead and let them know better safe then sorry"
    Your dad is a smart man.
    Why? Time and time again notifying police creates a problem - forces them to DO SOMTHING.

    If there is no requirement to notify, then don't.
    I disagree, and for every instance where you say that it creates a problem, there are numerous instances where no problem occurs. There is no duty to notify, but there is common sense at work here.
    Why does common sense dictate that you give up your rights? You don't protect against when things go good. You protect against when they go bad.

    In my opinion you should not notify for the very same reason you carry a gun. You carry a gun "just in case" you meet a bad guy. Well, you don't notify "just in case" you meet a bad LEO. Just like most people are good people most LEO's are also good. But you still have to protect yourself against the bad!



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    ravonaf wrote:
    Why does common sense dictate that you give up your rights?
    Please tell me what right you have given up by informing the officer of the presence of your handgun?
    James Reynolds

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    ProShooter wrote:
    ravonaf wrote:
    Why does common sense dictate that you give up your rights?
    Please tell me what right you have given up by informing the officer of the presence of your handgun?
    Your right to remain silent.

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    Riana wrote:
    (I try to get all my paperwork in hand before he reaches my window, though).
    I was cautioned that unusual movement after a stop begins may indicate that the driver is secreting something as well as trying to be prepared. It's a two-edged sword that does not need to be drawn. My TO preferred normal behavior.

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    ProShooter wrote:
    ravonaf wrote:
    Why does common sense dictate that you give up your rights?
    Please tell me what right you have given up by informing the officer of the presence of your handgun?
    You have also effectively waived your 4th Amendment protections for your gun--what's left of them that the government will recognize.If you are open carrying, now, your weapon is even more open to arbitrary temporary seizure "for officer safety" by an officer who lacks judgement or just wants to run serial numbers or doesn't want to bother exercising judgement, and just automatically seizes all guns. Please don't anyone botherto argue that notifying is not consent; we all know how impossible it will be tosue foran arbitrary and lacking-reasonableness seizure later in court. Same for a formal complaint.

    We owe the police no courtesy on this. To declare so, to argue for it, takes it out of the realm of personalpreference and puts into the sphere of obligation.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    ravonaf wrote:
    ProShooter wrote:
    ravonaf wrote:
    Why does common sense dictate that you give up your rights?
    Please tell me what right you have given up by informing the officer of the presence of your handgun?
    Your right to remain silent.
    You've been watching too many episides of COPS.

    The right to remain silent is to avoid incriminating yourself for any illegal actions that you may have commited. If you are doing something legal, then you have nothing to worry about.
    James Reynolds

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    ProShooter wrote:
    ravonaf wrote:
    ProShooter wrote:
    ravonaf wrote:
    Why does common sense dictate that you give up your rights?
    Please tell me what right you have given up by informing the officer of the presence of your handgun?
    Your right to remain silent.
    You've been watching too many episides of COPS.

    The right to remain silent is to avoid incriminating yourself for any illegal actions that you may have commited. If you are doing something legal, then you have nothing to worry about.
    (from an earlier post of mine)

    The 4th and 5th Amendment were written specifically to protect innocent people. People who are doing nothing. People with nothing to hide.

    For a good explanation of this, view the video linked below. I attest that in the video you will hear a law professor tell you to not talk to police, with 8 reasons given and explained. He will quote a US Supreme Court justice supporting not talking to police. And a police detective will step to the podium after the professor and say, (paraphrase) "Everything he said is true. It was right. And correct."

    Video: http://www.regent.edu/admin/media/schlaw/LawPreview/



    Also,

    Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege. [n2] Such a view does scant honor to the patriots who sponsored the Bill of Rights as a condition to acceptance of the Constitution by the ratifying States. Ullman vs US.

    http://www.law.cornell.edu/supct/html/historics/USSC_CR_0350_0422_ZO.html



    The privilege against self-incrimination serves as a protection to the innocent, as well as to the guilty, and we have been admonished that it should be given a liberal application. Hoffman v. United States, . . . 341 U.S. 479,



    To the contrary, we have emphasized that one of the Fifth Amendment's "basic functions ... is to protect innocent men ... 'who otherwise might be ensnared by ambiguous circumstances.'" Grunewald v. United States, 353 U. S. 391, 421 (1957) (quoting Slochower v. Board of Higher Ed. of New York City, 350 U. S. 551, 557-558 (1956)) (emphasis in original). In Grunewald, we recognized that truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker's own mouth. 353 U. S., at 421-422. Ohio vs Reiner:

    http://supreme.justia.com/us/532/17/case.html

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  24. #24
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    ProShooter wrote:
    ravonaf wrote:
    Why does common sense dictate that you give up your rights?
    Please tell me what right you have given up by informing the officer of the presence of your handgun?
    your rights under the 4th, 5th and 14th Amendments? Of course it depends on the mentality of the person who pulls you over--he/she may be a good officer, OR he/she may be a prime, grade A #1 a-hole who really wants to show who has the power at the moment--at least until you get them in court for violating your rights and take away every vestige of material wealth they have remaining to their name...

    I say this, because depending on the mentality of the officer who pulls you over--if you choose to inform, when there is no reason or duty to do so, and all they did was stop you for speeding--the officer may decide to go ahead and call more cars in, bring you out at gun point, put you face first on the ground, take your property, cuff you and spend the next hour or so trying to convince you to let them search your car while they try their hardest to find some reason to arrest you--all the while making every attempt to get you to not decide to sue them for false arrest and violation of your Constitutionally protected rights...OR they may tell you--hey, no big deal, thanks for telling me, and have a nice day and never even write you a ticket....

    it really is a crap shoot when one pulls you over, because unfortunately they don't have signs on their uniforms saying "I'm pro 2A and pro-people", or conversely "I'm an A*hole, so don't mess with me."

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    ProShooter wrote:
    ravonaf wrote:
    ProShooter wrote:
    ravonaf wrote:
    Why does common sense dictate that you give up your rights?
    Please tell me what right you have given up by informing the officer of the presence of your handgun?
    Your right to remain silent.
    You've been watching too many episides of COPS.

    The right to remain silent is to avoid incriminating yourself for any illegal actions that you may have commited. If you are doing something legal, then you have nothing to worry about.
    I advise you talk to a lawyer sometime. You should also talk to the thousands upon thousands of innocent people convicted of crimes. They thought they had nothing to worry about also. Also, try actually reading the Miranda rights sometime.

    You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?

    When they say ANYTHING. They mean ANYTHING.


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