Guns and Traffic Stops

[AH.74]

You would seem to see the glass as half empty and draining.

Not at all. That's quite a stretch.

I am very pro-officer, and I see no reason not to answer if he has me pulled over and asks if I have guns on me or in the vehicle. Otherwise I'm not notifying as the law allows. I know there is a time and place to choose your battles and take a stand, and feel strongly that this is not one of them.

 

[Grapeshot]

Not at all. That's quite a stretch.

I am very pro-officer, and I see no reason not to answer if he has me pulled over and asks if I have guns on me or in the vehicle. Otherwise I'm not notifying as the law allows. I know there is a time and place to choose your battles and take a stand, and feel strongly that this is not one of them.

Under some circumstances I would agree with you. Inviting/authorizing him to search my entire vehicle is not one of them. Have heard of officer wanting to check the trunk too - where does it end? IMO - it ends with the question. ymmv

 

[JamesB]

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?

If a knife is under 3.5 inches it is NOT a weapon, why would you tell him about it?

Also remember that during the Rodney King riot trials, a brick was determined to be a 'deadly weapon.' Why would you not tell him about the tire iron, the jack, the baseball bat, etc.?

The simple single answer is just don't. KEEP YOUR LIP SHUT.

If he requests information about 'weapons,' if he requests you step out, if he requests to sleep with your wife... if he requests you can decline.
If he ORDERS you out of the vehicle, comply.

Comply with an order, do not cooperate with a request. That is my policy.
I will ask if it is a request or an order. If he does not specifically say it is an order, then it is a request and I decline.

 

[OldCurlyWolf]

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?

I had to go to the SO a few years back. There is a no weapons policy, including a couple of small folding pocket knives I carry. I told the deputy ok, then I showed him my hands and asked how do I not take these in? I wasn't joking.

Your most effective weapon, when used properly, resides in that thing on top of your spine called a cranium. It is called a brain. Use it.

 

[AH.74]

If a knife is under 3.5 inches it is NOT a weapon, why would you tell him about it?

This is the NM forum, not CO. NM does not have length specifications.

So, according to the following...:


NM 30-1-12. Definitions.

As used in the Criminal Code [ 30-1-1 NMSA 1978]:

A. "great bodily harm" means an injury to the person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body;

B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted;

...if I do great bodily harm to you with my 3 or 3.5" knife, I have in fact used a weapon, and a deadly one at that.

Check your facts before making generalized statements.

I would tell him about it because there is no harm in doing so. The less surprises when you have been pulled over by an officer, the better.

 

[JamesB]

This is the NM forum, not CO. NM does not have length specifications.

So, according to the following...:


NM 30-1-12. Definitions.

As used in the Criminal Code [ 30-1-1 NMSA 1978]:

A. "great bodily harm" means an injury to the person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body;

B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted;

...if I do great bodily harm to you with my 3 or 3.5" knife, I have in fact used a weapon, and a deadly one at that.

Check your facts before making generalized statements.

I would tell him about it because there is no harm in doing so. The less surprises when you have been pulled over by an officer, the better.

Thank you!

It's true that I am not nearly so intamately familiar with NM law as I am CO (actually most of what I know of NM came from here). I was halfway hoping that someone would point out faulty logic in my last post and contridict me.

However, this statute is very similar to the one here in CO (except for the length restrict) and so the remainder of my post apears to still be valid in that ANYTHING is a weapon. Here (CO) we have case law that says a screwdriver is not only a 'burglery tool' but also a 'deadly weapon' in that it is capable of creating a slashing debilitating wound.

Hell, one of the largest scars I have on my body was created by my sister's shoe many years ago. Listing all of the things in my vehicle which classify as weapons is going to significantly lengthen the time of the stop. Especially being from out of state, the only time I am within the boundaries of your wonderful state I am on vacation and have luggage and road trip supplies with me.

I am sorry if I appear to be picking a fight here, that is definately not my intent.
It should be still a couple of months until my next journey south, I hope to learn much more of NM carry issues in the interveining time. Thank you to all of you wonderful resorces.