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Being pulled over?

Kloutier

Regular Member
Joined
Mar 25, 2010
Messages
193
Location
Spanish Fork Utah, Utah, USA
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If your pulled over by the police do you have to tell them you have a gun? I have seen some state laws on this and could not find anywhere in utah law that says you have to.
 

mqondo

Regular Member
Joined
Mar 26, 2009
Messages
223
Location
SLC, Utah, USA
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You do not have to inform them, however it is advised. I would think that most LEO's would appreciate the heads up. They may think that you are hiding something when they find out you have a CFP. When they pull up your drivers license info, it says that you have one. IMO, better to be upfront about it, even if you don't have to.

Here is what BCI's website says about it in the FAQ's:

If I get stopped by a police officer, do I, as a permit holder, have to tell the officer that I have a gun in my possession?
Although there is no legal requirement to identify yourself to a law enforcement officer, it is recommended to do so.

If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer must assume you are carrying the gun illegally and will take defensive action. For the safety of all involved, it is better to immediately identify yourself to the officer as a permit holder in possession of a handgun. This action gives the officer some assurance they are most likely dealing with a law abiding citizen.
http://publicsafety.utah.gov/bci/FAQ.html#2
 

colormered

Regular Member
Joined
Aug 5, 2007
Messages
116
Location
Cache county, Utah, USA
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If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer must assume you are carrying the gun illegally and will take defensive action.

I find it very disingenuous that the officer must assume you are carrying the gun illegally. Back in the day, it used to be that you were innocent until proven guilty. Is he incapable of asking whether or not you have a permit?
 

jaredbelch

Founder's Club Member
Joined
Aug 8, 2007
Messages
545
Location
Cottonwood Heights, Utah, USA
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colormered wrote:
If an officer finds or sees a gun on your person during their contact with you, and you have not identified yourself as a permit holder in legal possession of a firearm, the officer must assume you are carrying the gun illegally and will take defensive action.

I find it very disingenuous that the officer must assume you are carrying the gun illegally. Back in the day, it used to be that you were innocent until proven guilty. Is he incapable of asking whether or not you have a permit?
Not to mention that no permit is required to carry a fully loaded concealed or open firearm in a vehicle in Utah anymore.
 

goosemama

Regular Member
Joined
May 19, 2008
Messages
63
Location
Hooper, Utah, USA
imported post

I completely agree with what you're saying, however, you have to realize unfortunately, a large percentage the officers being paid to protecte our life, liberty and pursute of happiness, don't even know or understand the statutes of this state. They are put in harms way every day by a lot of very ignorant people looking to harm them and it can change the way you view life and the general public.

That being said, I have been pulled over before while I was carrying (when am I not, huh?) and simply told the officer that I had a CCP, had a weapon in the car andthat I wasn't going to move my hands off the steering wheel. It defused a tense situation immediately, they've all become very animated, smiling and most times I got to educate them a little at the same time. Plus, it's gotten me off with just a warning at times.

So see, there is a madness to my method.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
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Unfortunately, it has been my experience that what one SEES or experiences regularly becomes expected.

In the case of NOTIFYING LEO of the possession of firearms although completely voluntary in UTAH when in a vehicle you either own or are legally entitled to use will become an EXPECTATION of the LEO and end up being a DEFACTO law, especially since it was only RECENTLY that we were no longer required to notify when concealing with a permit and stopped by an officer.

It frustrates me when I have to do more than the law requires to exercise a right!

A Right Unexercised is a RIGHT lost seems an appropriate quote here.

That said, I will not be telling anyone WHAT THEY SHOULD DO!

edited to correct spelling of 'unexercised.'
 

Pistol Pete Utah

Regular Member
Joined
Jan 19, 2010
Messages
215
Location
Sandy, Utah, USA
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Kloutier wrote:
If your pulled over by the police do you have to tell them you have a gun? I have seen some state laws on this and could not find anywhere in utah law that says you have to.

No! You never have to speak to the Police, ever! This is America, well for the time being! We will soon be the USSA! United Socialist States of America.
 

DEFENSOR

Regular Member
Joined
Jul 26, 2009
Messages
184
Location
Utah, USA
imported post

I was in the Salt Lake valley all last week and had nothing but good OC experience. Even got pulled over for speeding by Provo P.D. he was right about my speed but cut the violation in half. What a break that was, the fine will be manageable. I was UOC with my Glock in the centerconsole. The officer could see it andjust asked me if it was loaded, he could not see the magazine well. I told him it was not and that was it. He did not say anything else about it, mind you I have Ca. plates on the car. I had lots of people notice everywhere I went but no trouble. We walked all over southtown center in Sandy, Crown Burger in Salt Lake and lots of businesses in the Herriman and West Valley area. It was a good week. Thanks to the entire state of Utah for a great vacation. It reallyeased my mind after dropping my son off at the MTCfor his mission.

Sincerely, DEFENSOR













i







i
 

rpyne

Regular Member
Joined
Oct 23, 2007
Messages
1,072
Location
Provo, Utah, USA
imported post

DEFENSOR wrote:
I was in the Salt Lake valley all last week and had nothing but good OC experience. Even got pulled over for speeding by Provo P.D. he was right about my speed but cut the violation in half. What a break that was, the fine will be manageable. I was UOC with my Glock in the centerconsole. The officer could see it andjust asked me if it was loaded, he could not see the magazine well. I told him it was not and that was it. He did not say anything else about it, mind you I have Ca. plates on the car. I had lots of people notice everywhere I went but no trouble. We walked all over southtown center in Sandy, Crown Burger in Salt Lake and lots of businesses in the Herriman and West Valley area. It was a good week. Thanks to the entire state of Utah for a great vacation. It reallyeased my mind after dropping my son off at the MTCfor his mission.
A couple of points. First, for a semi-auto, the Utah definition of unloaded is no round in the chamber. Second, there is no requirement that it be unloaded as long as it stays in the car.

UCA 76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
UCA 76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle, unless:
(i) the vehicle is in the person's lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b) on a public street; or (c) in a posted prohibited area.
(2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.
(3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
(4) A violation of this section is a class B misdemeanor.
 

DEFENSOR

Regular Member
Joined
Jul 26, 2009
Messages
184
Location
Utah, USA
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Hey Rpyne,

Thanks for the reply, It wasjust a case of being habitually over cautious. It is a little difficult transitioning to freedom with the prints from the jack boots fresh on the back of your neck. Next time will be different as we will be visiting more often in preparation to move. Thanks again for the hospitality from your state.

DEFENSOR
 

Marine Master Sergeant

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Joined
Jun 11, 2008
Messages
41
Location
, ,
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Put yourself in the Officer's shoes!

This is NOT a matter of rights being exercised or vioalted. TELL HIM-

If you don't, and you get shot- my opinion- you deserved it.

Most Officers ask very quickly whether or not you have any weapons in the vehicle.

This is a gun-happy state we live in!

We're exercising one particular right- to carry and protect ourselves. These officers are dealing with a lot of scum every day- for us. And they plan on going home after their shift. I am not going to lead any officer to believe that I'm a bad guy.

I would like to think that all of us exercising this right --are ALWAYS using GOOD JUDGEMENT.

Good judgement to me - would be to tell him you have a gun.

Do you think you are being "violated" by having to tell the officer that your "packin"?

I sure hope not!
 

Marine Master Sergeant

Regular Member
Joined
Jun 11, 2008
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41
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, ,
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Well, your special then!

When we read on the news about a person being shot by some rookie officer, or officer with an "itchy" trigger finger-- all because it appeared that the "suspect" was reaching for a gun (or appeared to be reaching)- we'll all have something to blog about.

You go boy!
 

swillden

Regular Member
Joined
Dec 9, 2007
Messages
1,189
Location
Firestone, Colorado
imported post

TOP USMC (ret) wrote:
Well, you're special then!

When we read on the news about a person being shot by some rookie officer, or officer with an "itchy" trigger finger-- all because it appeared that the "suspect" was reaching for a gun (or appeared to be reaching)- we'll all have something to blog about.

You go boy!
Why would not telling the officer that you're carrying make him think you were reaching for a gun that he doesn't know you have?

Sarcasm doesn't turn muddle-headed thinking into a good argument. Quite the opposite. If you can't make a cogent point without ridicule, you probably don't have a point to make.
 

DEFENSOR

Regular Member
Joined
Jul 26, 2009
Messages
184
Location
Utah, USA
imported post

TOP USMC (ret) wrote:
Put yourself in the Officer's shoes!

This is NOT a matter of rights being exercised or vioalted. TELL HIM-

If you don't, and you get shot- my opinion- you deserved it.

Most Officers ask very quickly whether or not you have any weapons in the vehicle.

This is a gun-happy state we live in!

We're exercising one particular right- to carry and protect ourselves. These officers are dealing with a lot of scum every day- for us. And they plan on going home after their shift. I am not going to lead any officer to believe that I'm a bad guy.

I would like to think that all of us exercising this right --are ALWAYS using GOOD JUDGEMENT.

Good judgement to me - would be to tell him you have a gun.

Do you think you are being "violated" by having to tell the officer that your "packin"?

I sure hope not!
Hey USMC,

Sounds to me that you are makin it out like I criticized the officer, quite to the contrary. Please go back and reread my post. If you take the time you will see that It was a very good easy encounter for all involved. Furthermore, I always consider the officers position. Enough times standing at a drivers door with my hand on my gun taught me that. Next thing, seems that you would advocate shooting a citizen during a traffic stop for not immediately informing an officer of the presence of a firearm. you preceded that with the matter of rights being violated or not. This officer did not ask if I had any weapons in the car, I offered this information to him. What gun happy state is it that you live in because you did not state it in your profile. If you reread you will see that this encounter took place in Provo Utah but I am from California.

It seems to me that your reply is typical of all the others that I have asked to reread my post. Don't be so defensive and quick to interject when you did not even comprehend what was being said.

DEFENSOR FORTIS "OUT"
 

Pistol Pete Utah

Regular Member
Joined
Jan 19, 2010
Messages
215
Location
Sandy, Utah, USA
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TOP USMC (ret) wrote:
Put yourself in the Officer's shoes!



Ok, your 1st post mock a guy for being a "WANNABE" for carrying handcuffs, you thought it was me, which you were wrong, NOW, you want us to put ourselves in his shoes? Don't act like a Cop, but think like one, well what is it?

You sound just like that Cop who posted a comment on some COP chat room about OCers. (He said, "Anyone OCing should be shot IMO!" He got in a lot of trouble the that statement, which he said he was only joking around!"

Someone help me out if you know where to find that quote, it was in response to the wing nut (kwikrnu) from Tenn.

You confirmed my thoughts about you from day one, you Poser! :cuss:
 

NewZealandAmerican

Regular Member
Joined
Nov 30, 2007
Messages
348
Location
Greater Salt Lake City Metro area far south suburb
imported post

TOP USMC (ret) wrote:
Well, your special then!

When we read on the news about a person being shot by some rookie officer, or officer with an "itchy" trigger finger-- all because it appeared that the "suspect" was reaching for a gun (or appeared to be reaching)- we'll all have something to blog about.

You go boy!
Bloody fly by night posters! Post and run!:cuss:
 

PrimeTime28

New member
Joined
Dec 10, 2009
Messages
10
Location
American Fork, Utah, USA
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So today in a hurry to work, i was pulled over by UHP. I was always curious how the officer would handle someone with a CFP and how that would go. Well, today i got my answer. (be careful what you wish for) He introduced himself and told me why he pulled me over. Then asked for my license. All the while he's talking, i have my hands securely holding the steeringwheel. I told him i'd be happy to produce my license but needed to inform him i had a CFP and did have my firearm. He resonded saying "without reaching, where is it." Mine was in my center console. He said don't reach for it, and we're good. Went back to his car, and came back after a couple min. Handed me my license and thanked me for informing him of the firearm and that i handled it perfectly. He told me of a few instances where some have grabbed the firearm and showed it to him.
beat.gif
A very bad decision. After being pulled over for going too fast as well as not having my Insurance or Registration in my vehicle, i was let go with only a warning.
banana.gif
So between the CFP and also working part time at the gas station he used to frequent, overall a good experience. (because i got a warning. I'd be ticked if not LOL)

Did not have to inform him, but i'd rather that then him figure it out and then be ticked. If it were me in that cruiser, i'd want to know.
 

Pistol Pete Utah

Regular Member
Joined
Jan 19, 2010
Messages
215
Location
Sandy, Utah, USA
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SpringfieldGuy wrote:
Did not have to inform him, but i'd rather that then him figure it out and then be ticked. If it were my in that cruiser, i'd want to know.
That is what I am talking about. I would do the same thing, with a Hope that I would get a warning, NOT because I should put myself in his shoes!
 

Rottie

Regular Member
Joined
Feb 13, 2010
Messages
129
Location
Somewhere out there
imported post

SpringfieldGuy wrote:
So today in a hurry to work, i was pulled over by UHP. I was always curious how the officer would handle someone with a CFP and how that would go. Well, today i got my answer. (be careful what you wish for) He introduced himself and told me why he pulled me over. Then asked for my license. All the while he's talking, i have my hands securely holding the steeringwheel. I told him i'd be happy to produce my license but needed to inform him i had a CFP and did have my firearm. He resonded saying "without reaching, where is it." Mine was in my center console. He said don't reach for it, and we're good. Went back to his car, and came back after a couple min. Handed me my license and thanked me for informing him of the firearm and that i handled it perfectly. He told me of a few instances where some have grabbed the firearm and showed it to him.
beat.gif
A very bad decision. After being pulled over for going too fast as well as not having my Insurance or Registration in my vehicle, i was let go with only a warning.
banana.gif
So between the CFP and also working part time at the gas station he used to frequent, overall a good experience. (because i got a warning. I'd be ticked if not LOL)

Did not have to inform him, but i'd rather that then him figure it out and then be ticked. If it were my in that cruiser, i'd want to know.
I'd expect nothing less from the Utah Highway Patrol. In my Opinion they are the most professional and respectfull of the state's LEOs. There are other great departments as well, but I have not heard of negative experiences regarding firearms and contact with UHP. I'm sure they exist but certainly would be few and far between. Another great example wasKevin Jensen's experience with OCing at SLCC at the Jason Chafetz meeting.
 
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