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Examiner.com: Don't be a gun dork in traffic stops

Grapeshot

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simmonsjoe wrote:
Gordon Shumway wrote:
In AR we are a "required to notify officer" at a routine traffic stop. AR law supposedly states that LEO do not have access to this information. Having been stopped 3 times and the officer already knew I had a permit. It is OK with me if my permit pops up with my vehicle license plate inquiry. Anything that makes the LEO more comfortable is OK with me.

One ASP told me to hand him my weapon and I declined stating that I didn't feel comfortable reaching for and handing him a loaded weapon. HE GOT RED and reached for his gun demanding to have it. He never saw it and finally left me with just a traffic warning. But it was tense.


I also reportedthe situationin writing to the ASP commander.
Unfortunately in VA it doesn't pop up on your lic. plate. It pops up when you are run through the VIRGINIA CRIMINAL INFORMATION SYSTEM. IN BIG RED LETTERS(I've heard).
I think it serves to villainize the CHP holder, and put the officer on edge. I don't like it.
I mean, why am I in the CRIMINAL DATABASE?
It sets a bad tone for the rest of the encounter.
Somebody correct me if I am wrong.

In that the owner of the vehicle shows shows up on the license plate check and drivers license is cross referenced with list of CHPs, the officer will have some idea before he approaches the vehicle. I have been asked if I was carrying today early in the stop.

I agree though that it is disconcerting to be considered a danger to LEO because we have a permit. Criminals seldom have permits; therefore, the driver with no permit is arguably a bigger threat to "officer safety" in that they do not have advance notice.

Yata hey
 

Mike

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Grapeshot wrote:
Somebody correct me if I am wrong.

In that the owner of the vehicle shows shows up on the license plate check and drivers license is cross referenced with list of CHPs
There is no cross reference per se with driver's licenses - if an officer runs a a check of a person's name thru the Virginia Criminal Information System (VCIN), he may get information about you, incuding whether or not you hold a CHP issued by a Virginia circuit court or state police. I say may because the VCIN has never been completely populated with all CHP holders.

See 18.2-308 commanding VSP to put CHP info in VCIN - all gun rights organizers should know this issue and explain it to people to stop this old wives tale that somehow CHP status is embedded in DMV data - its not.
 

Count

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which can be difficult because in some states there's one standard for CHL holders and another for non-chl....like Texas....
 

Repeater

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Mike wrote:
Grapeshot wrote:
Somebody correct me if I am wrong.

In that the owner of the vehicle shows shows up on the license plate check and drivers license is cross referenced with list of CHPs
There is no cross reference per se with driver's licenses - if an officer runs a a check of a person's name thru the Virginia Criminal Information System (VCIN), he may get information about you, incuding whether or not you hold a CHP issued by a Virginia circuit court or state police. I say may because the VCIN has never been completely populated with all CHP holders.

See 18.2-308 commanding VSP to put CHP info in VCIN - all gun rights organizers should know this issue and explain it to people to stop this old wives tale that somehow CHP status is embedded in DMV data - its not.
Are you sure?

VSP 2008 FACTS AND FIGURES
Concealed Handgun Permits[align=left]Since July 1, 1995, 407,792 concealed handgun permits have been issued as authorized by Section 18.2-308, Code of Virginia; 55,864 were issued in 2008 (34.7% increase) by Virginia Circuit Courts. During 2008, 724 nonresident concealed handgun permits were issued by the State Police, which is a 44% increase in the volume of nonresident permits issued in 2007.[/align][align=left]Pursuant to statute, the State Police enters the permit holder’s name and description in the Virginia Criminal Information Network (VCIN) so that the permit's existence and current status will be made known to law-enforcement personnel accessing the Network for investigative purposes. As of December 31, 2008, there were 172,132 active concealed handgun permits issued by Virginia circuit courts maintained in VCIN.
[/align]​
VCIN Notes - July 2009

Use of DMV Image Leads to an Arrest
On July 2, 2009, at approximately 0300 hours, Arlington County Police responded to a call of a woman being attacked in a stairwell of an apartment building. This call turned out to be an attempted rape. A surveillance camera showed a car illegally parked in front of the building. The tag was inquired upon and a subsequent driver query with image was obtained on the registered owner. The attacker was positively identified through this image. Officers arrested the suspect when he came back to his car.
These documents, taken together, suggest a LEO can query the tag of a vehicle, then query the registered owner to see if he has a CHP.
 

Grapeshot

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Repeater wrote:
Mike wrote:
Grapeshot wrote:
Somebody correct me if I am wrong.

In that the owner of the vehicle shows shows up on the license plate check and drivers license is cross referenced with list of CHPs
There is no cross reference per se with driver's licenses - if an officer runs a a check of a person's name thru the Virginia Criminal Information System (VCIN), he may get information about you, incuding whether or not you hold a CHP issued by a Virginia circuit court or state police. I say may because the VCIN has never been completely populated with all CHP holders.

See 18.2-308 commanding VSP to put CHP info in VCIN - all gun rights organizers should know this issue and explain it to people to stop this old wives tale that somehow CHP status is embedded in DMV data - its not.
Are you sure?

VSP 2008 FACTS AND FIGURES
Concealed Handgun Permits[align=left]Since July 1, 1995, 407,792 concealed handgun permits have been issued as authorized by Section 18.2-308, Code of Virginia; 55,864 were issued in 2008 (34.7% increase) by Virginia Circuit Courts. During 2008, 724 nonresident concealed handgun permits were issued by the State Police, which is a 44% increase in the volume of nonresident permits issued in 2007.[/align][align=left]Pursuant to statute, the State Police enters the permit holder’s name and description in the Virginia Criminal Information Network (VCIN) so that the permit's existence and current status will be made known to law-enforcement personnel accessing the Network for investigative purposes. As of December 31, 2008, there were 172,132 active concealed handgun permits issued by Virginia circuit courts maintained in VCIN.
[/align]​
VCIN Notes - July 2009

Use of DMV Image Leads to an Arrest
On July 2, 2009, at approximately 0300 hours, Arlington County Police responded to a call of a woman being attacked in a stairwell of an apartment building. This call turned out to be an attempted rape. A surveillance camera showed a car illegally parked in front of the building. The tag was inquired upon and a subsequent driver query with image was obtained on the registered owner. The attacker was positively identified through this image. Officers arrested the suspect when he came back to his car.
These documents, taken together, suggest a LEO can query the tag of a vehicle, then query the registered owner to see if he has a CHP.
That to me seems like cross referencing - just two clicks rather than one and VSP's program could conceivably link this data direct.

Yata hey
 

beltfed is great

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Nice, i figure there doing there job , remember they are always dealing with the scum of scociety so its kinda hard for them to determine every time who is and who isint the bad guy. i just do what they ask, it makes it easier on them and you. (and im not a leo)
 

protias

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beltfed is great wrote:
Nice, i figure there doing there job , remember they are always dealing with the scum of scociety so its kinda hard for them to determine every time who is and who isint the bad guy. i just do what they ask, it makes it easier on them and you. (and im not a leo)
Except for the part that criminals never OC. ;)
 

Tomahawk

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We gunowners are such pathetic little creatures, unable to be trusted and subject to constantly being watched.

"Please, sir, mercy, for I have a permit! Please don't hurt poor Smeagol!" <gollum><gollum>

Who thinks of these stupid laws?
 

beltfed is great

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lol hard to argue with that. but for the most part the officers have the disadvantage when there standing outside the vehicle leaning in.
 

Grapeshot

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beltfed is great wrote:
Nice, i figure there doing there job , remember they are always dealing with the scum of scociety so its kinda hard for them to determine every time who is and who isint the bad guy. i just do what they ask, it makes it easier on them and you. (and im not a leo)
Welcome to OCDO.

Actually much of LEO interaction is with the good people, the honest citizen. Not coming to a complete stop does not make anyone a criminal.

Nobody said it was an easy job.

I do not engage in LEO bashing. I do expect to be treated courteously and otherwise properly w/o having extra-legal hoops or bad attitude with which to deal - and yes, that is a two-way street. I try to treat them with respect also.

Yata hey
 

dlofton

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Grapeshot,

I agree with you completely. Not coming to a complete stop does not make you a "criminal" but it does make you a "violator". By definition, a violation is the breaking of a law. And as such, all violators should be approached with caution because some (NOT ALL) are criminals. Criminals are those that not only break laws, but also break the "big" laws....i.e., felonies. The peace officer that makes the traffic stop does not know (I really wish we did cause this job would be a whole lot easier) if you are simply a violator that made a mistake or if you are the one in one-thousand that is actually a criminal.

And I generally don't engage is gun toter bashing because I carry one. :)



David
 

Dreamer

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Mike wrote:
the officer must query VCIN - second step - there is no direct linkage of CHP data in DMV reccords.
Now you're just playing semantic games, and ignoring the reality of the way the technology works. This is like saying that the card catalog in a library don't give you "direct linkage" to the books on their shelves because the text of said books isn't on the cards...

DMV records have a myriad of "pointers" and "flags" worked into the dataset, and can point to information ranging from criminal records to CHP info, to overdue library book records. (yes, I was once told at a VA DMV office that I could NOT renew my tags until I paid off a large library fine for a book I had misplaced, and had to go home, find the book, pay the fine, and produce the library receipt to DMV before they would issue me my new tag stickers...)

DMV records, in and of themselves, DO NOT have CHP info in them, on that you are correct. However, when you query a DMV record, in ANY state that issues CHP's, you will get a "flag" of some sort indicating a CHP (if the tag/DL is from that state), whether it's a "Criminal Records" flag, or a "Sheriff's Department Permits" flag, or whatever. Accessing the ACTUALLY data for a CHP is just one or two clicks away on an officer's data terminal. It's NOT rocket science, and it doesn't require any special permission for an officer to access this info. In fact, and LEO doesn't even need to stop you to run this info--he could be sitting in his car in a parking lot, and just randomly running tags as people drive by, and then access ANY flagged info that comes up in connection with that tag.

Stop arguing semantics. Law Enforcement technology today is VERY sophisticated, and allows an officer in the field to access a LOT of information through a myriad of databases, while sitting in his cruiser. Just because the data isn't all consolidated into one single database DOESN'T mean it isn't easy, fast, and legal for them to access at any time. In fact, there has been a LOT of work in the last 10 years in the LE community to standardize data-sets across state agencies (DMV, Criminal records, warrant info, etc) SPECIFICALLY so these databases can all be accessed quickly, easily, and in a seamless manner to the end user. On the Federal level, NLECTC was formed specifically to help state and local LEA's implement, develop, and deploy such technologies in the field.I worked as a contractor for NLECTC for over 5 years, and helped develop their website and produced several publications for them, so I've got a bit of an inside track on this sort of thing.

You apparently are either a clueless goob who don't know how to use Goggle, and aren't very "up" on the latest LE technology, or you are some sort of "plant" for this "quiet revolution" of world-wide info-sharing, and are here to spread disinformation. (I'm leaning toward the second option, based on your continued denial of inter-agency info-sharing) Either way, you are DEAD WRONG, and I've provided links below to prove it. These links actually provide a pretty chilling picture with regards to the illusion of international sovereignty and the myth of personal information privacy and confidentiality.

You think a State Trooper three states over from your home can't get access to ALL the records that exist on you with regards to DMV and criminal background? Nest time you're out of state and see a Trooper at a rest stop, ask him to explain what CANDLE and NLETS are and what they do. I guarantee his eyes will do the "how'd you know about THAT" squint, and he'll make up some excuse why he can't tell you about those systems due to DHS regs or some such BS...

You obviously aren't even aware of the existence of the IRP, CANDLE, and NLETS systems being implemented across the US and Canada, which serve to standardize ALL DMV, criminal, and insurance info across all states and provinces. All 50 states (and all of Canada too) are part of the NLETS program (which has been online since 2004!!!), and they ALREADY share DMV data, criminal history data, missing children data, and even ICE data using cruiser-based data terminals...This system is ALREADY in place, and has been for over half a decade. It's just a matter of getting all the states TOTALLY on-board and then re-tooling their databases to a standardized model. But most of the "heavy lifting" is already done--at this late date, it's just a matter of funding the poorer states so they can get their systems up to standard. And it's NOT just LEA's in the US--Canada is part of this system too, and there is buzz in the LE Tech community to move toward getting Mexico and Central and South America on-board within the next decade as well.

They've got GIS systems. They've got access to InterPol records. They can do interstate DMV, criminal records, and missing persons queries. They can access ICE data.

About the the only thing they CAN'T get on a cruiser-based data terminal is YouTube videos of OC incidents, but that is simply a matter of increased bandwidth and WiFi coverage, and even THAT problem is scheduled to be overcome in the next 3-5 years...

Wake up, dude. Your understanding of LE technology is about 50 years old. It's not all about little notepads and filing cabinets anymore. Cops have technology that is EVERY bit as sophisticated at the Military these days, and it's been that way for the last 5-10 years.
 
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Mike

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Dreamer wrote:
Mike wrote:
the officer must query VCIN - second step - there is no direct linkage of CHP data in DMV reccords.
Now you're just playing semantic games, and ignoring the reality of the way the technology works. This is like saying that the card catalog in a library don't give you "direct linkage" to the books on their shelves because the text of said books isn't on the cards...

DMV records have a myriad of "pointers" and "flags" worked into the dataset, and can point to information ranging from criminal records to CHP info, to overdue library book records. (yes, I was once told at a VA DMV office that I could NOT renew my tags until I paid off a large library fine for a book I had misplaced, and had to go home, find the book, pay the fine, and produce the library receipt to DMV before they would issue me my new tag stickers...)
Sounds like a good reason to register vehicles in teh name of a non-human trust or corproation with no link to the driver(s) :cool:
 

Grapeshot

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Have thought about the possibilities of setting up a trust for all of my worldly possessions with family members part of it. I think that I am correct in that no inheritance taxes would be paid upon my demise because ownership would not be transferred.

Don't think that vehicle or guns could be totally confiscated from the trust under most circumstances either. What say you?

Yata hey
 

Neo

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Mike wrote:
....On numerous Internet forums, and some email lists, gun owners periodically report being hassled by police when pulled over for routine traffic infractions. . . . But often there is a common thread to these stories – the dorky gun owner brought up the gun thing all on her own! . . .

While I agree that there are foolish ways of notifying an LEO that you are carrying a firearm on your person duringa traffic stop and foolish things to do during such an encounter, I must disagree with your basic premise that, unless legally required,simply notifying the LEOis foolish. I'm also surprised that you would imply such a thing. Perhaps you simply meant to convey that notification should be done calmly and using basic common sense.

Notifying the LEO during a traffic stop is not unlike the premise of open carry vs. concealed carry i.e. it gets everyone's cards on the table.Getting harassed for lawfully carrying your firearm in a vehicle after politely notifying the LEO is not unlike gettingharassedfor legal OC. It shouldn't make us CC just to avoid the hassle. Rather, we should focus on LEO education and, where necessary, legal action.

Finally, the example individualsused in the article seem to be people who are neither experienced norcomfortable carrying a firearm in the first place; not unlike a 16-year-old behind the wheel of a 26-foot U-Haul moving truck. Rather than simply telling them to keep their mouth shut, I believe we should encourage them to get more training with their firearm and to rehearse LEO encounter scenarios so they will be prepared, and more comfortable, during such encounters.
 

Gordon Shumway

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Neo wrote:
Mike wrote:
....On numerous Internet forums, and some email lists, gun owners periodically report being hassled by police when pulled over for routine traffic infractions. . . . But often there is a common thread to these stories – the dorky gun owner brought up the gun thing all on her own! . . .

While I agree that there are foolish ways of notifying an LEO that you are carrying a firearm on your person duringa traffic stop and foolish things to do during such an encounter, I must disagree with your basic premise that, unless legally required,simply notifying the LEOis foolish. I'm also surprised that you would imply such a thing. Perhaps you simply meant to convey that notification should be done calmly and using basic common sense.

Notifying the LEO during a traffic stop is not unlike the premise of open carry vs. concealed carry i.e. it gets everyone's cards on the table.Getting harassed for lawfully carrying your firearm in a vehicle after politely notifying the LEO is not unlike gettingharassedfor legal OC. It shouldn't make us CC just to avoid the hassle. Rather, we should focus on LEO education and, where necessary, legal action.

Finally, the example individualsused in the article seem to be people who are neither experienced norcomfortable carrying a firearm in the first place; not unlike a 16-year-old behind the wheel of a 26-foot U-Haul moving truck. Rather than simply telling them to keep their mouth shut, I believe we should encourage them to get more training with their firearm and to rehearse LEO encounter scenarios so they will be prepared, and more comfortable, during such encounters.


Certainly I agree, but I disagree.

Common sense should prevail, but the simple fact thatWE have to practice and be prepared for deliberate hassles from LEOs is disconcerting.

LEOs get golden points for contriving and trapping innocent people into situations that they can be detained and arrested. Remember, even if you win in court, the LEO keeps his gold star and you are still out $$$ for defense.

In these situations you are a loser from the get-go. Ihave already spent thousands of dollars to be judged "right" not guilty in court. see if this makes any sense

http://www.brasschecktv.com/page/342.html

go to brasschecktv dot com page 342
 

Mike

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Neo wrote:
While I agree that there are foolish ways of notifying an LEO that you are carrying a firearm on your person duringa traffic stop and foolish things to do during such an encounter, I must disagree with your basic premise that, unless legally required,simply notifying the LEOis foolish. I'm also surprised that you would imply such a thing. Perhaps you simply meant to convey that notification should be done calmly and using basic common sense. . . .Getting harassed for lawfully carrying your firearm in a vehicle after politely notifying the LEO is not unlike gettingharassedfor legal OC. It shouldn't make us CC just to avoid the hassle. Rather, we should focus on LEO education and, where necessary, legal action.
Mainly I am poking fun at gun owners who bring attention to themselves as gun owners in traffic stops and do not act like normal motorists - but I think that don't ask don't tell is the best policy when carrying a gun in a traffic stop or whether or not you have apermit even if you are in a traffics stop without your gun.

You seem to be in denial re the fact that police do have the legal and practical power to disarm people in Terry stops, which is what a traffic stop is. Also, police departments may have formal or informal procedures to require officers to disarm anyone they stop intraffic - courts are going to uphold this almost every time either by agreeing with the officer's statement that he felt you "were armed and presently dangerous" or by finding no remedy for your objection to the brief period of disarmament and delay in your journey.

And if you state or imply your are armed, then your statement proves the first half of the officer's reasonable belief that you were armed! All he has to do now is explain why he also felt you weere dangous - e.g., "the suspect was nervous, gripped the steering wheel with both hands like he was guilty of somthing, did not get out his DL and registration like most of the motorists I encountered, etc."

So what legal action are you going to bring against the police for legally disarming you in a traffic stop?

Now, seizing you for following a policy of don't ask don't tell is another matter, hence the ongoing lawsuit against the Roanoke PD. Unlawful seizure is unlawful; once properly seized, you can be patted downed and disarmed pretty much at wil (see explanation above).
 

Mike

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James wrote:
Someone should compile a list of "must notify" states.
Great idea - another thing we can throw on the back of John Pierce the poor webmaster!

Does anyone have a handy list of "shall notify states." we can make a map on this.

I would also like to make map on "shall accept states" to encourage more states to become shall accept states on guncarry permits.
 
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