Results 1 to 17 of 17

Thread: Required to tell police you have a gun when pulled over? and advice for the future.

  1. #1
    Regular Member
    Join Date
    May 2011
    Location
    Naugatuck CT
    Posts
    90

    Required to tell police you have a gun when pulled over? and advice for the future.

    I was under the impression you are not required to tell the police you have a gun.
    Anyway just got off with a verbal warning.

    I used to talk on CTguntalk.com but my work banned every web site that involves the work gun or anything close opencarry gets through.

    Well this is what happened last night.
    Sorry if I ramble I just need to vent.
    Driving home from my second job (mechanic) around 11:00pm I don't wear my gun as a mechanic so I leave it locked in the car.

    I guess 2 Naugatuck cops got on Route 8, 2 exits before I get off. and they come up quick on me I move into the slow lane and slow down I didn't know they were cops it's dark just what I do when someone faster than me comes up.
    Lights pulls me over.
    LEO "Do you know why I pulled you over"
    Me "No"
    LEO "You have no Idea"
    Me "No"
    LEO Do you know what the speed limit is
    Me 55
    LEO (something like this) you must have been doing about 80mph you where flying we got on the last exit and really had to step on it to catch you"
    OK license and registration, insurance.
    (I know better than to admit to speeding, might have been going a little fast but not 80 I never ever go past 80 period no need for a reckless driving ticket, anything over 85mph)
    I grabbed all the papers out of my glove box and and fumbled through until I found the registration and insurance card.

    Then When I went to pull out my drivers license he saw my carry permit.
    Now it gets interesting.
    LEO do you have a gun in the car
    Me yes
    LEO don't you know you are required to tell a police you have a gun in the car.
    Me no
    LEO didn't they teach you that in your permit class etc. etc.
    Me OK? (I would have told him if it was on me)
    LEO Where is the gun?
    This is where I told a little white lie I said it was in the gun save under my back seat which you can see one of those Vault Nano Key one. It is actually in my lunch bag I take it out of my safe when drive.
    He also gave me the comment can I reach the safe from my driver seat. Which that law does not apply since I have a permit for the gun. Anyways that is the whole reason I didn't want to get harassed for having it in my lunch bag not the safe.
    I figuring the cop would be OK but instead took me out of the car and frisked me found a flashlight marker pen and pocket knife in my pockets.

    Then the LEO searched my car made me give him my key to the safe with no consent why would he have probable cause to search my car I said I have a gun it is in the safe you can see on the floor?

    When he went to open it I told him it was in the lunch bag. then he got mad at me for lying I can give him that.
    He emptied the gun kept searching found a spare mag in the center council he asked what is this for I said I keep a spare mag in the center council then found a holster in my bag with a change of cloths. LEO "you obviously carry the gun I found the holster" Me "Yes I carry it but I take it out when I work as a mechanic"

    let me go back in my car, 2min later that cop took off.
    The second cop gave me back all my stuff in an evidence bag let me off on a verbal warning said "here is your stuff we are letting you off on a verbal warning for whatever the other cop pulled you over for" Then continued to enforce the fact that I should have told them right away that I have a gun if they saw the gun in the car they would have drew their weapons etc. etc."
    I just kept saying sorry trying to be polite.
    Didn't want to tell them they were wrong.



    So what is the law? Are you required to tell them you have a gun? I was always told CT is not required to tell police you have a gun unless he asks.
    Should you, would you. If it was physically on me or in plane sight I would.

    The whole withing driver reach is for only non permit holders if I read it correct.
    That is right in the first sentence.
    http://www.cga.ct.gov/2009/pub/chap529.htm#Sec29-38.htm

    Well first time I've been pulled over on route 8 around 11:00pm been driving home fast lane a few nights a week for 6 years. Not to bad odds but I'll slow down even more.

    I appreciate the comments.
    What I should do for the future.

    Thanks
    ~Justin
    Last edited by customcreationllc; 05-05-2011 at 07:23 AM.

  2. #2
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,891
    There is no requirement to inform the officer you have a firearm during a traffic stop.

    There is a case out of Virginia I just saw that is very similar in nature to this:

    http://www.courts.state.va.us/opinio...wp/1092561.pdf

    And of course the always present Terry v Ohio:

    http://en.wikipedia.org/wiki/Terry_v._Ohio

    The police would argue that you were frisked for 'officer safety', but this is unreasonable since they knew you had a permit and had no reason to suspect you were dangerous. A permit is not RAS for a crime, since anything they could possibly turn up would not be a crime based on the simple fact that the permit was present.

    I would immediately file a complaint with the Naugatuck PD. I would also immediately send out letters for FOIA requests into all radio traffic and communications about your stop for that night. You should probably also seek the counsel of Attorney Rachel Baird. She will know how to handle this.

    http://www.rachelbairdlaw.com/

    Your rights were violated here without a doubt. The police were either misinformed or they were malicious, and they used it to violate your 4th amendment rights.
    Last edited by Rich B; 05-04-2011 at 10:33 AM.

  3. #3
    Regular Member
    Join Date
    May 2011
    Location
    Naugatuck CT
    Posts
    90
    Quote Originally Posted by Rich B View Post
    I would immediately file a complaint with the Naugatuck PD. I would also immediately send out letters for FOIA requests into all radio traffic and communications about your stop for that night. You should probably also seek the counsel of Attorney Rachel Baird. She will know how to handle this.

    http://www.rachelbairdlaw.com/
    Thank you I thought I was in the right.
    I sent Rachel an E-mail since these were Naugatuck Cops where I live I would like for them to be correctly informed.

  4. #4
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,860
    The search was illegal, period. If he would have found 30 keys of blow it would be inadmissable under fruit of the poison tree doctrine. However, you should have told the cop your gun was in the bag. It is legal there, if you have a permit, as well as anywhere else, if I understand the PDR of CT law. You could have been cited for lying to a police officer which would have created an interesting court case with an illegal search in process but a lawful traffic stop.

  5. #5
    Regular Member
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    4

    Slow down.

    Dude SLOW DOWN, Now Your marked , Big bro will be watching. You have a permit, You can carry, Open or concealed . Wallingford learned the hard way. This states police need to stop being Jerk Heads... greasynick USMC 1969-1973

  6. #6
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,891
    Quote Originally Posted by GREASYNICK View Post
    Wallingford learned the hard way.
    Citation needed. I am not sure Wallingford has learned anything.

  7. #7
    Regular Member
    Join Date
    May 2011
    Location
    Naugatuck CT
    Posts
    90
    Quote Originally Posted by Gunslinger View Post
    The search was illegal, period. If he would have found 30 keys of blow it would be inadmissable under fruit of the poison tree doctrine. However, you should have told the cop your gun was in the bag. It is legal there, if you have a permit, as well as anywhere else, if I understand the PDR of CT law. You could have been cited for lying to a police officer which would have created an interesting court case with an illegal search in process but a lawful traffic stop.
    I'll know better for next time too many things running through my head should I try and correct the officer I bet they wouldn't like that then he will find something else to get me on or just play it stupid say sorry and hope they think they scared me enough to let me off.

    I don't have anything illegal so I really wasn't worried, but still annoying.


    Quote Originally Posted by GREASYNICK View Post
    Dude SLOW DOWN, Now Your marked , Big bro will be watching. You have a permit, You can carry, Open or concealed . Wallingford learned the hard way. This states police need to stop being Jerk Heads... greasynick USMC 1969-1973
    I don't drive that fast but I guess I could always slow down a little, I normally drive with the flow of traffic in the fast lane and never the fastest car on the road always let the faster guys pass. I'm not one of those guys swerving in and out of traffic or anything like that.
    Rte8 at 11:00pm is pretty bare, I was the only car in sight. I saw lights coming up fast I moved over and they pulled me over, no way there were behind me long enough to get a speed on me.

  8. #8
    Regular Member
    Join Date
    Apr 2009
    Location
    Levittown, Pennsylvania, USA
    Posts
    771
    There are only 10 Must inform states:

    AK, AR, LA, MI, NC, NE, OH, OK, SC, TX

    For everywhere else it's a matter of preference...in general I wouldn't suggest it.

  9. #9
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,891
    Quote Originally Posted by customcreationllc View Post
    I'll know better for next time too many things running through my head should I try and correct the officer I bet they wouldn't like that then he will find something else to get me on or just play it stupid say sorry and hope they think they scared me enough to let me off.
    There isn't much you can do on scene if an officer insists on violating your rights. This should be a good lesson for law abiding people to have a voice recorder running when they are armed. This should also hopefully spur you into motion. Your rights have been violated, what are you going to do about it?

    I don't have anything illegal so I really wasn't worried, but still annoying.
    This should be far more than just annoying to you. Annoying is getting pulled over in the first place. Being treated like a criminal and having your rights stomped all over is a completely different game.

  10. #10
    Regular Member
    Join Date
    Dec 2010
    Location
    Wolcott, CT
    Posts
    31
    From my experience Naugatuck police seem to like making stops for no reason. I can count the times I've been stopped on both hands while working barely a street over from the NPD the past few years.
    "Faster, Faster until the thrill of speed overcomes the fear of death." - Hunter S. Thompson

  11. #11
    Regular Member KIX's Avatar
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    960
    I often just hand my permit with my license.

    The whole "hands on the wheel" thing is a bit awkward as they don't see safety, they hear "GUN!".

    If they ask, I go from there, but if they ask to search, I deny.

    My back seat is loaded with junk anyway, they'd probably only be helping me!

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

  12. #12
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,891
    Quote Originally Posted by KIX View Post
    I often just hand my permit with my license.
    If it is just a traffic stop, this is a needless admission and is only going to consume the time of everyone involved.

    JMHO.

  13. #13
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,860
    Quote Originally Posted by mrjam2jab View Post
    There are only 10 Must inform states:

    AK, AR, LA, MI, NC, NE, OH, OK, SC, TX

    For everywhere else it's a matter of preference...in general I wouldn't suggest it.
    Colorado is somewhat on that list, but RAS MUST exist. You have to name and address and "show identification, IF available." I wouldn't, and case law in CO indicates it is a choice as to your definition of 'if available.' Until the cop satisfied me of articulable suspicion, I would just smile at him and say nothing. But, in CO, highly unlikely to happen.

  14. #14
    Regular Member
    Join Date
    Mar 2009
    Location
    Old Saybrook, CT
    Posts
    469
    This is where knowing the law would have helped you.

    First, you weren't breaking the law until you LIED to the cop. Never lie to a cop.

    Do you have a weapon in the car.

    Yes, its (wherever it is). I have a pistol permit so its perfectly legal.

    You have to inform a police officer when you have a weapon.

    I don't mean any disrespect officer, but I do not. I was told my my attorney to NEVER ever lie to the police, but I don't have to inform you if I have a legally carried weapon in the car.

    Cop - Do you mind if I look through your car?

    You - Yes I mind. I've given you no probable cause. I do not consent to a search.

    You were not breaking the law until you lied. So you should not be afraid.
    Your pistol permit allows you to carry ANYWHERE (with very few exceptions), ANYTIME, ANYHOW.

    You can carry in a bar. In your car. It can be on your person in a car. It can be in your glove box or your lunch bag.

    The only places restricted by state law are secondary schools and anywhere the state legislature is meeting. THATS IT. Property owners can prohibit you from entering armed, but thats kindof another issue.

    I hope this helps.

    Don

  15. #15
    Regular Member
    Join Date
    Apr 2013
    Location
    Connecticut, USA
    Posts
    38

    Man....

    Quote Originally Posted by customcreationllc View Post
    I was under the impression you are not required to tell the police you have a gun.
    Anyway just got off with a verbal warning.

    I used to talk on CTguntalk.com but my work banned every web site that involves the work gun or anything close opencarry gets through.

    Well this is what happened last night.
    Sorry if I ramble I just need to vent.
    Driving home from my second job (mechanic) around 11:00pm I don't wear my gun as a mechanic so I leave it locked in the car.

    I guess 2 Naugatuck cops got on Route 8, 2 exits before I get off. and they come up quick on me I move into the slow lane and slow down I didn't know they were cops it's dark just what I do when someone faster than me comes up.
    Lights pulls me over.
    LEO "Do you know why I pulled you over"
    Me "No"
    LEO "You have no Idea"
    Me "No"
    LEO Do you know what the speed limit is
    Me 55
    LEO (something like this) you must have been doing about 80mph you where flying we got on the last exit and really had to step on it to catch you"
    OK license and registration, insurance.
    (I know better than to admit to speeding, might have been going a little fast but not 80 I never ever go past 80 period no need for a reckless driving ticket, anything over 85mph)
    I grabbed all the papers out of my glove box and and fumbled through until I found the registration and insurance card.

    Then When I went to pull out my drivers license he saw my carry permit.
    Now it gets interesting.
    LEO do you have a gun in the car
    Me yes
    LEO don't you know you are required to tell a police you have a gun in the car.
    Me no
    LEO didn't they teach you that in your permit class etc. etc.
    Me OK? (I would have told him if it was on me)
    LEO Where is the gun?
    This is where I told a little white lie I said it was in the gun save under my back seat which you can see one of those Vault Nano Key one. It is actually in my lunch bag I take it out of my safe when drive.
    He also gave me the comment can I reach the safe from my driver seat. Which that law does not apply since I have a permit for the gun. Anyways that is the whole reason I didn't want to get harassed for having it in my lunch bag not the safe.
    I figuring the cop would be OK but instead took me out of the car and frisked me found a flashlight marker pen and pocket knife in my pockets.

    Then the LEO searched my car made me give him my key to the safe with no consent why would he have probable cause to search my car I said I have a gun it is in the safe you can see on the floor?

    When he went to open it I told him it was in the lunch bag. then he got mad at me for lying I can give him that.
    He emptied the gun kept searching found a spare mag in the center council he asked what is this for I said I keep a spare mag in the center council then found a holster in my bag with a change of cloths. LEO "you obviously carry the gun I found the holster" Me "Yes I carry it but I take it out when I work as a mechanic"

    let me go back in my car, 2min later that cop took off.
    The second cop gave me back all my stuff in an evidence bag let me off on a verbal warning said "here is your stuff we are letting you off on a verbal warning for whatever the other cop pulled you over for" Then continued to enforce the fact that I should have told them right away that I have a gun if they saw the gun in the car they would have drew their weapons etc. etc."
    I just kept saying sorry trying to be polite.
    Didn't want to tell them they were wrong.



    So what is the law? Are you required to tell them you have a gun? I was always told CT is not required to tell police you have a gun unless he asks.
    Should you, would you. If it was physically on me or in plane sight I would.

    The whole withing driver reach is for only non permit holders if I read it correct.
    That is right in the first sentence.
    http://www.cga.ct.gov/2009/pub/chap529.htm#Sec29-38.htm

    Well first time I've been pulled over on route 8 around 11:00pm been driving home fast lane a few nights a week for 6 years. Not to bad odds but I'll slow down even more.

    I appreciate the comments.
    What I should do for the future.

    Thanks
    ~Justin
    NO way you should have lied.
    Pistol should have been in your holster or in the safe.
    Also, you are NOT required to inform that your carrying unless asked outright. (Lifelong CT res.) NRA Basic instructor was retired LEO and said you should only inform if asked (matter of fact, I think he's the guy that posted right before me :-D.
    Before he went into your car, you should have stated word for word, "I do not consent to any searches of myself or my property."

    By not saying that when he entered your vehicle, you screwed yourself.

    LEO's will continue to take advantage as long as we let them. Break out your phone and start recording. I have great respect for most LEO's and great contempt for the ones who abuse their power. Be courteous and respectful but know and exercise your rights at every encounter.
    Last edited by Adam Cook; 04-10-2013 at 05:21 PM.

  16. #16
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,891
    Quote Originally Posted by Adam Cook View Post
    NO way you should have lied.
    Pistol should have been in your holster or in the safe.
    Also, you are NOT required to inform that your carrying unless asked outright. (Lifelong CT res.) NRA Basic instructor was retired LEO and said you should only inform if asked (matter of fact, I think he's the guy that posted right before me :-D.
    Before he went into your car, you should have stated word for word, "I do not consent to any searches of myself or my property."

    By not saying that when he entered your vehicle, you screwed yourself.

    LEO's will continue to take advantage as long as we let them. Break out your phone and start recording. I have great respect for most LEO's and great contempt for the ones who abuse their power. Be courteous and respectful but know and exercise your rights at every encounter.
    Holy thread resurrection!
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

    We need your help. Sign up at http://ctcarry.com

  17. #17
    Regular Member davidmcbeth's Avatar
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    12,522
    Quote Originally Posted by Rich B View Post
    Holy thread resurrection!
    +1 rofl .. best line evar
    Do not take any postings to be the opinion of the poster .. poster may be posting opinions of others and not necessarily himself ... carry on

    "Filing a notice of trespass with your local, county, state authorities , to keep all town employees off your land, would cut down on the government from interfering or harassing you, at least put you in a little bit stronger legal position" .. chk you local laws (disclaimer)
    [/I]

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •