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Pulled Over With Gun In Car

fire_man2340

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Feb 20, 2009
Messages
80
Location
Danville, Virginia, USA
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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"
 

ChinChin

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May 17, 2007
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Loudoun County, Virginia, USA
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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.
 

fire_man2340

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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.
 

ravonaf

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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.
 

allingeneral

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Mar 4, 2009
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Location
King George, Virginia, USA
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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?
 

Pagan

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Gloucester, Virginia, USA
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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.:cool:
 

Wolf_shadow

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Accomac, Virginia, USA
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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.

:uhoh:
 

Pagan

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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.
 

ChinChin

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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.
 

ProShooter

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Mar 23, 2008
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www.ProactiveShooters.com, Richmond, Va., , USA
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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.
 

Thundar

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Newport News, Virginia, USA
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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.
 

wehrmachtXD40_COLT45

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, , USA
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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
 

Riana

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Dec 23, 2008
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Fairfax County, VA
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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.
 

ravonaf

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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!
 

ravonaf

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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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