I have NO doubt what you're saying is true. With that being the case, NM won't ever see me traveling to or through it. I'll go out of my way to spend my $$$$'s in other states that are more firearms friendly.
Don't worry, it's not true at all.
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Guns and Traffic Stops
- Thread starter NMBill
- Start date
Don't worry, it's not true at all.
+1 No proof of purchase or ownership required.
That is why people/posters that make erroneous statements regarding statutes, ordinances and/or policies and procedures need to be required to cite.
http://crime.about.com/od/gunlawsbystate/f/gunlaw_nm.htm
MR Redenck
Regular Member
Me too. I have no problem answering that question. It's what they do after you answer that makes the situation good or bad.
To clarify- if asked by an officer, it is the law that you answer truthfully. If not asked, you do not need to say anything.
JamesB
Regular Member
O shucks one more illegal search...
That just means they can't try you for it court.
It also doesn't mean you can have it back if it turns out to be stolen or some such. They may be forced to admit they had no reason to search or to sieze, but they still can't give it back if it is unlawful to posess.
MKEgal
Regular Member
Does your state have a law that overrides the 5A right to remain silent? :shocker:AH.74 said:
Because the 3rd option is simply not to answer.
They would, however, be required to pay the person they stole it from its value in cash.JamesB said:
And then there are the awards for the 4A violations, coming from the 1983 suit.
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Not quite - you also have the option of not answering.
Responding with a question is also a non-answer response - i.e. what is the purpose of your question - am I suspected of having committed, presently committing ,or about to commit a crime?
If you do give a direct answer to question, then make it truthful.
Imagine getting stopped, the officer asks if there are any weapons. You shut up and say nothing. What do you think he's going to do? Leave you be? Chances are you will be detained and searched, and then who knows what they will do. Why risk it? You're virtually guaranteeing that he will disarm you, at the very least, because you have shown yourself to be untrustworthy.
Why on earth would you not answer, if you legally own the gun and are not a prohibited person? Nothing good can come of not answering truthfully.
AFA licensing goes, NMAC 10.8.2.16 (C) states that if you are carrying concealed in public and asked to show your license, you must do so.
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JamesB
Regular Member
Nothing good can come of not keeping your mouth shut.
http://www.youtube.com/watch?v=6wXkI4t7nuc
Never talk to police.
I am referring to a specific situation discussed in this thread, and not one in reference to being arrested or questioned wrt a crime. I've seen those videos and happen to agree with him. But not in this specific case.
Again- if you are stopped and asked if there are weapons in the vehicle, nothing good will come of you shutting up. You will be removed from the vehicle and you and the vehicle will be searched. Then, depending on what the officer thinks, you may be arrested.
Or, you could tell him of your weapons and hopefully be treated with respect and professionalism. I would rather err on the side of that risk, than annoy an officer for not telling him I was armed.
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FireStar M40
Regular Member
Every Single Weapon You Have..?
AH.74 said in part..
Not trying to nit-pick, but you would let the officer know of "EVERY" weapon you have in your vehicle.. and remember, you're the one who said "WEAPON".
Don't you think this just might make the Officer think you're a wise a** and P.O. them off if you did.
FireStar M40
AH.74 said in part..
Not trying to nit-pick, but you would let the officer know of "EVERY" weapon you have in your vehicle.. and remember, you're the one who said "WEAPON".
Don't you think this just might make the Officer think you're a wise a** and P.O. them off if you did.
FireStar M40
Yes, I would, and I have. And I have not had problems.
I'm not sure I understand your second question- but no, I do not think it would do that. Honest questions, honest answers. And, attitude is important in these situations. Act like a punk, get treated like one. Act respectful, hopefully get treated in kind. Cops are very good at reading your attitude and if you are truly trying to be helpful- they're just doing their jobs.
Try telling that to him as he's ordering you to step out of the vehicle. See how well that works.
+1
Quoting User and his suggestions:
I will give serious attention to genuine legal direction, not so much to internet opinions that should be followed by IANAL.
FireStar M40
Regular Member
Answer About All Weapons..
I could see it going like this if you're a word specific person like I am.
Officer: Do you have any weapons in your vehicle?
Answer: Yes Sir. In the trunk I have a tire iron.. and oh yes, a jack. There's also my set of jumper cables. I also have a couple of road flares and a tow rope. On the back seat is my laptop computer, a cooler with some glass bottles of beer.. both empty and full. I've got some pens and pencils in the glove box, cd's in the center console and a iPad on the front seat. There's my gps up here on the dash and I have my cell phone in my shirt pocket. Etc., etc.
So.. as I was asking, do you really tell them about all the WEAPONS you have in your vehicle.. or not?
FireStar M40
I could see it going like this if you're a word specific person like I am.
Officer: Do you have any weapons in your vehicle?
Answer: Yes Sir. In the trunk I have a tire iron.. and oh yes, a jack. There's also my set of jumper cables. I also have a couple of road flares and a tow rope. On the back seat is my laptop computer, a cooler with some glass bottles of beer.. both empty and full. I've got some pens and pencils in the glove box, cd's in the center console and a iPad on the front seat. There's my gps up here on the dash and I have my cell phone in my shirt pocket. Etc., etc.
So.. as I was asking, do you really tell them about all the WEAPONS you have in your vehicle.. or not?
FireStar M40
Now you guys are getting ridiculous. When an officer is asking about weapons, he's asking about actual weapons, firearms first and foremost. I have notified of this, and of a knife in my pocket.
And AFA an officer having reason and justification, the first thought he has is his own safety. If he thinks there may be weapons in the vehicle and you refuse to answer, he will do whatever he needs to do to ensure his safety during the traffic stop. If this means he feels it's necessary to have you exit the vehicle so he can cuff you, guess what he's going to do no matter what you think?
And AFA an officer having reason and justification, the first thought he has is his own safety. If he thinks there may be weapons in the vehicle and you refuse to answer, he will do whatever he needs to do to ensure his safety during the traffic stop. If this means he feels it's necessary to have you exit the vehicle so he can cuff you, guess what he's going to do no matter what you think?
You're not getting it. He's stopped you for a violation. Once he's done that you're at his mercy. If he needs to detain you for his own safety, he will do so and be completely justified in doing so.
I will not continue to argue this point with you.
So the answer is to give up, roll over and let the officer have a free pass because he is going to do what he wants to do with whatever justification he wishes to make up on the fly?
I don't think so! Won't do battle on the street beyond a certain point, but will follow through after the fact.
Compliance because he can make it hard for you is what got us to this point. Intimidation is a tool of some LEOs. Giving in is akin to giving away your rights.
BTW - I ask for fairness, consideration, justice, lawful procedure, no undo duress.............not mercy.
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Justification for officer safety is not "making things up on the fly." He's found guns on you or in the vehicle that you felt the need to not notify him of.
Good luck with that. You think the judge isn't going to wonder why you felt the need to not disclose the fact you had guns in the car when the officer asked? The judge, the officer's supervisor and anyone else will side with the officer every time. You will fail in your complaints.
You would seem to see the glass as half empty and draining.
Not so in my experience. I have been there and done that and have also been associated with people that have taken a stance - not always of their choosing. Have not seen a mark in the loss column yet.
I am not anti-LEO; actually quite pro. Still there are circumstances and issues that I will not be the good puppy and accept the pat on the head reward.
Grandfather taught me (though not original to him) that I can be your best friend or your worst enemy. The choice of anywhere between the two is up to you - I will respond accordingly.