• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Pulled Over With Gun In Car

fire_man2340

Regular Member
Joined
Feb 20, 2009
Messages
80
Location
Danville, Virginia, USA
imported post

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"
 

darthmord

Regular Member
Joined
Oct 10, 2008
Messages
998
Location
Norfolk, Virginia, USA
imported post

You could let them know as a courtesy. But notification isn't required in some jurisdictions. You would need to verify whether or not it is in your locale.

Since you mention it was OC, it should be plainly obvious but again, check with your jurisdiction's laws. Some are okay with OC in a vehicle while others are OC in a vehicle is CC here.

Since your location is VA, you can OC without issue. Notification isn't required.

You know the drill. I'm not a lawyer or anything. Don't forget to verify anything you've read / heard.
 
Joined
Aug 15, 2008
Messages
346
Location
, ,
imported post

fire_man2340 wrote:
ImFromTheGovernmentAndImHereToHelp wrote:
pray you don't get killed for your own safety
lol What are you talking about, I dont really understand what your trying to say.
I'm here to keep you safe, and to do my job i might have to kill you
 

Flyer22

Regular Member
Joined
Jun 26, 2008
Messages
374
Location
Colorado Springs, Colorado, USA
imported post

fire_man2340 wrote:
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"
If your gun is in easy reach, just lying on the seat, (and probably without a holster),then the LEO will have a major problem. That's how criminals sometimes carry agun,so that they have ready access to it. And when the LEO has a problem, then you've got a problem. Expect to be ordered out of the car at gunpointand probably handcuffed. Too many cops have been killed during routine traffic stops--no LEO is simply going to say "Nice gun."
 

Gordie

Regular Member
Joined
Nov 4, 2008
Messages
716
Location
, Nevada, USA
imported post

Flyer22 wrote:
Snip: Expect to be ordered out of the car at gunpointand probably handcuffed. Too many cops have been killed during routine traffic stops--no LEO is simply going to say "Nice gun."

This depends on where you are. In rural Nv., it is not at all uncommon to see a gun on the seat or dashboard. I know NHP officers who say that it is almost expected in some areas to have a gun in the carwhen they pull one over. As long as you don't appear to pose any threat, they don't really care.

The exception would be if it becomes more than just a routine traffic stop. If they have you out of the car, they really get uptight if they come across a gun by surprise. A simple heads up about being armed is greatly appreciated.
 

MeBaby

Regular Member
Joined
Dec 3, 2007
Messages
257
Location
Right Here, Virginia, USA
imported post

Yes, with both hands on the upper portion of the steering wheel very calmly tell the officer that youare openly carryinga legal handgun and tell him where it is. Don't reach for it or try to point at it. This is probably the safest way to let him know about the gun.
 

RockyMtnScotsman

Regular Member
Joined
Jan 8, 2008
Messages
461
Location
Colorado Springs, Colorado, USA
imported post

Flyer22 wrote:
fire_man2340 wrote:
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"
If your gun is in easy reach, just lying on the seat, (and probably without a holster),then the LEO will have a major problem. That's how criminals sometimes carry agun,so that they have ready access to it. And when the LEO has a problem, then you've got a problem. Expect to be ordered out of the car at gunpointand probably handcuffed. Too many cops have been killed during routine traffic stops--no LEO is simply going to say "Nice gun."
In Colorado, the LEO can legally disarm you - Yes - and must immediately return your gun to you. But the part about cuffing you - thus taking you into custody .... not certain, but I don't think they can legally go quite that far.
 

Carnivore

Regular Member
Joined
Aug 29, 2008
Messages
970
Location
ParkHills, Missouri, USA
imported post

I wouldn't care if it's on top the dash, if they want to know my armed status they need to ask.. Then I'll be honest with them, until then it's just another traffic stop, yessir, nosir.
 

Dustin

Regular Member
Joined
May 28, 2008
Messages
1,723
Location
Lake Charles Area, Louisiana, USA
imported post

darthmord wrote:
You would need to verify whether or not it is in your locale.



That doesn't mean asking a local LEO. You'll surely be steered in the wrond direction.

I'd ask why your gun is just lying on the seat anyway. In between console/seat not an option ?

In LA, I keep mine in the Glove box mostly. I don't have to tell an LEO anything. Just like if they ever came to my house. I surely wouldn't start pointing out where all my weaponry is.

Now "IF" you have a CHP, now the fun begins trying to figure out what the legislation means.

Most CHP legislation revolves around the gun being ON YOUR BODY. Nothing to do with it being IN YOUR CAR.
 

compmanio365

Regular Member
Joined
Apr 21, 2007
Messages
2,013
Location
Pierce County, Washington, USA
imported post

While technically there's nothing wrong with it, as far as I know, although I don't know Virginia's laws, it just is sloppy and asking for trouble. Get yourself a holster, shoulder crossdraw if necessary for in the car, and carry the thing in a holster. In an accident, that gun is going to go flying around in the car, and I'd be a lot more worried about that than if you got pulled over by an LEO while having it on the seat.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
imported post

If the gun is in clear sight in your car, it's legal in VA whether loaded or not. Make sure the cop can see it and tell him it's there. If on your person where he can't readily see it--and loaded, without a CCW it's illegal. Concealed unloaded is legal in VA in your car.
 

CharlesC

Regular Member
Joined
Feb 4, 2009
Messages
67
Location
Fairfax County, Virginia, USA
imported post

About 2 weeks ago, I was stopped while I was carrying. It was in a holster on my belt. It was the first time I've been stopped buy the police while carrying.

I posted about and my questions on the Virginia forum. It was a valuable learning experience.

In the future I will NOT inform the police that I'm armed nor will I talk to the police or otherwise give up my 5th amendment rights. I also will NOT consent to any searches.

BTW, I was asked out of my van and I did mention to the office I was armed. He said he knew and it was ok. Kinda cool but scary to wear a loaded .45 when stepping out to sign the paperwork.

~CharlesC
 
Top