Questions about vehicle carry

I do not have a CPL. I have been openly carrying my pistol for about a year now mostly around my neighborhood after reading this forum and trying to decipher Michigan's firearms laws :banghead:. These are some questions that have come up after a recent traffic stop.

My questions are in regards to transportation of a properly unloaded pistol in a locked case designed for transportation inside a vehicle and disclosure to police when approached, without a CPL.

#1. Is disclosure of the pistol required when approached during a traffic stop?
The only thing I have read so far about disclosure is "28.425f(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle."

#2. If an LEO asks if I am carrying any firearms do I have to answer it by law?

#3. Would the presence of an empty holster be RAS or PC for a search of the Vehicle?

I am sure I will come up with more questions after I have had some sleep, Thanks.

Nexela said:

I do not have a CPL. I have been openly carrying my pistol for about a year now mostly around my neighborhood after reading this forum and trying to decipher Michigan's firearms laws :banghead:. These are some questions that have come up after a recent traffic stop.

My questions are in regards to transportation of a properly unloaded pistol in a locked case designed for transportation inside a vehicle and disclosure to police when approached, without a CPL.

#1. Is disclosure of the pistol required when approached during a traffic stop?
The only thing I have read so far about disclosure is "28.425f(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle."

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If you don't have a CPL and the Gun is Properly transported in your trunk (in a case designed to hold a firearm and unloaded) then you shouldn't say dick to the cop about the gun in the trunk.

Watch this video: [video=youtube;yqMjMPlXzdA]http://www.youtube.com/watch?v=yqMjMPlXzdA[/video]

Nexela said:

#2. If an LEO asks if I am carrying any firearms do I have to answer it by law?

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Nope. I'd say, "I understand you're only trying to do your job, officer, but I'd rather not discuss the content of my vehicle or answer any of your questions."

Nexela said:

#3. Would the presence of an empty holster be RAS or PC for a search of the Vehicle?

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It may be PC that you unlawfully have a gun in the car (ex: in the cabin area). I'm not sure. Play it safe and keep the holster in the trunk.

I was carrying a holster,empty without a CPL. I can tell you that the cop had no problem at all using it for RAS that I might have a gun in the car illegally. I was carrying in compliance with MCL 750.231a, lawful transport, but I was detained and searched.

stainless1911 said:

I was carrying a holster,empty without a CPL. I can tell you that the cop had no problem at all using it for RAS that I might have a gun in the car illegally. I was carrying in compliance with MCL 750.231a, lawful transport, but I was detained and searched.

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Like I said. Keep it in the trunk.

If they ask if you have any in the vehicle say you have nothing that will hurt them. If they want to know more then tell them you don't wish to discuss the contents of your vehicle.

The advice you have gotten so far is spot on, take it.

ETA: Welcome to OCDO!

You could also say, "there is nothing unlawful in my vehicle".

RAS is always a totality of the circumstances... and therefore a case-by-case issue. I personally would never say anything that could be construed as "lying". I would never say "I have nothing illegal in the car" or "nothing that could hurt you" because that requires a judgement that I am not qualified to make. The few times I have been stopped, I've only been asked once... at which point I asked why he was stopping me and led the conversation in that direction.