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

customcreationllc

Regular Member
Joined
May 4, 2011
Messages
90
Location
Naugatuck CT
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:

Rich B

Regular Member
Joined
Oct 13, 2009
Messages
2,909
Location
North Branford, Connecticut, USA
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/opinions/opnscvwp/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:

customcreationllc

Regular Member
Joined
May 4, 2011
Messages
90
Location
Naugatuck CT
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.
 

Gunslinger

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

GREASYNICK

New member
Joined
Apr 10, 2010
Messages
4
Location
, ,
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
 

customcreationllc

Regular Member
Joined
May 4, 2011
Messages
90
Location
Naugatuck CT
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.


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.
 

Rich B

Regular Member
Joined
Oct 13, 2009
Messages
2,909
Location
North Branford, Connecticut, USA
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.
 

GrandZJ

Regular Member
Joined
Dec 20, 2010
Messages
31
Location
Wolcott, CT
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.
 

KIX

Regular Member
Joined
Jun 4, 2010
Messages
960
Location
, ,
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
 

Gunslinger

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

dcmdon

Regular Member
Joined
Mar 30, 2009
Messages
469
Location
Old Saybrook, CT
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
 

Adam Cook

Regular Member
Joined
Apr 10, 2013
Messages
38
Location
Connecticut, USA
Man....

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:

Rich B

Regular Member
Joined
Oct 13, 2009
Messages
2,909
Location
North Branford, Connecticut, USA
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!
 
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