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Do I have to declare a firearm when pulled over?

M

McX

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I think when your pulled over you have to declare your religion if any, who you voted for last, and your position on abortion. :D
 

cleveland

Regular Member
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Aug 10, 2007
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289
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West Allis, WI
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Yes, however there is more to it. If I am stopped by an officer, then keeping my mouth shut is the correct thing to do. On the other hand if I witness a violent crime, it is my civic duty to talk with the police about it. So you point is correct, it just can not be taken literally.
 

Nutczak

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Dec 2, 2008
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The Northwoods, lakeland area, Wisconsin, USA
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cleveland wrote:
Yes, however there is more to it. If I am stopped by an officer, then keeping my mouth shut is the correct thing to do. On the other hand if I witness a violent crime, it is my civic duty to talk with the police about it. So you point is correct, it just can not be taken literally.

Civic Duty?
There is no law currently written that states you must answer any questions

When detained by the police, you have nothing forcing you to speak with them, You have the right to remain silent. Any questions asking what you are doing, where you are coming from/going to, are asked only to gain probable cause for the police to search, arrest or otherwise.

as I advocated before, I do not sit there silent (unless I really want to piss them off) I simply reply with questions to their questions, or change the subject entirely.

For instance: the officer asks, "Do you have any firearms in the vehicle?"
A simple reply without obstructing would be "Why do you ask?" Or "Do you see any firearms in my vehicle?"
If you tell them that you do not have any firearms, and they do get probable cause for a search, you can probably expect an obstructing charge to be added on to whatever else they think they got you for.

Don't lie, Just don't answer their questions. A deaf-mute has the ability to stay silent, so should you.
 

cleveland

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West Allis, WI
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If I witness an act of violence against someone, I think it's my civic duty to call the police. There is no law, but there certainly is a moral responsibility.
 

bnhcomputing

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Dec 13, 2007
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Wisconsin, USA
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cleveland wrote:
If I witness an act of violence against someone, I think it's my civic duty to call the police. There is no law, but there certainly is a moral responsibility.
Accepting your argument...

You see your neighbor (down the street) violate the law (discharge of firearm in city limits, residential area, people walking and children playing in the neighborhood).

You exercise your "moral responsibility" and call the police. LEO comes, and investigates the crime. They issue a warrant for the individual who discharged the firearm. All is good, right?

Now, while investigating, LEO notices your immediate neighbor is armed. All of a sudden, LEO fixates on your immediate neighbor (not the guy who was shooting, and LEO knows this from other witness statements). They begin with, "is that gun real?" They continue with "what kind is it? It is loaded?" Your neighbor cooperates and answers, after all they are after the OTHER guy, and everybody knows it. As soon as you neighbor says, "yep, loaded, cocked and locked," LEO goes on a rant about how this/that isn't appropriate or legal. How you, and your neighbor don't NEED to carry. LEO now fixates on your neighbor, and he end up going to jail for having broken no law.

Your neighbor is now in jail, the press publishes some rubbish about a setup, and the entire city/state gets the PERCEPTION that OC isn't legalbut you did your "moral duty."

Can't happen, not in Wisconsin, right?

Well, here you go: http://opencarry.mywowbb.com/view_topic.php?id=31264&forum_id=57

I ain't saying you're wrong, I ain't attacking any individual or position.

I am saying that ones actions almost always have unintended consequences.
 

cleveland

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West Allis, WI
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You are absolutely correct that situations can get out of hand from phishing officers. I read the article a couple days ago while swimming through this forum, and the arrest did not surprise me in the least. This is part of the reason I have not carried so far. I don't fear the police, I fear financial ruin and imprisonment at the hands of the court.
My argument involves the act of violent crimes. In a case where someone has been attacked, then I personally (everyone has thier own moral code) have a moral responsibility to stand up.
 

Nutczak

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Dec 2, 2008
Messages
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The Northwoods, lakeland area, Wisconsin, USA
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About a year ago, Iunintentionally got between 2 people engaged in a fistfight.

I was quicklyforced to defend myself against a person involved in the fight fixating on,and attacking me.
I did not have a firearm in my possession because I was in a vehicle.
Anyways, I fended off this persons attack while calling 911 to report it, after the first cop arrived, it was already done & over with, I toldhim the license plate number of the vehicle and pointed which way they went and it was done, or so I thought!

a little later that evening, I had 2 different cops from 2 different jurisdictions confronting me and posturing themselves to make an arrest. I basically told them "I am not having any conversation with you!, Have a good evening" and I walked away.

A week later I got a letter from the county attorney stating I will not be charged with Aggravated Battery, and a list bunch of other charges that these cops wanted to charge me with.
By me refusing to talk to these clowns in uniform, I gave them no cause to arrest me, I avoided a stay in jail and all the other bullcrap inolved with an arrest by keeping my mouth shut!
This has proven to me that no matter how innocent a person is, and they think they can talk their way out of a situation, they are doing nothing but giving probable for an arrest. I refuse to talk to police under any circumstances without proper representation. Your not going to win in a roadside argument. save it for court
 
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