General Categories > General Firearm Discussion
LEO not happy with me
phorvick:
You were not carrying. You had no duty to inform. You had a duty to answer truthfully when asked if there are firearms in the vehicle, but not to disclose up front. You were transporting, not carrying.
A-FIXER:
As I reread the law once stopped by LEO's I MUST INFORM THEM IN FIRST FIRST RESPONSE AND SUBMIT MY THE CCW CARD...regardless of the preceeding transpiring topic of questioning....
phorvick:
--- Quote from: A-FIXER on November 24, 2009, 10:01:47 PM ---As I reread the law once stopped by LEO's I MUST INFORM THEM IN FIRST FIRST RESPONSE AND SUBMIT MY THE CCW CARD...regardless of the preceeding transpiring topic of questioning....
--- End quote ---
Yes, if carrying. The post I was responding to had the firearm encased in the trunk. That is not carrying...it is transporting. No duty do disclose; duty to be truthful when asked. Here is the relevant provision:
A permit holder carrying a concealed handgun who is officially contacted by
any peace officer or emergency services personnel must immediately inform
the peace officer or emergency service personnel of the concealed handgun
unless physically unable to do so.
Please note that I am not suggesting anything was wrong or that the person posting should not have responded when asked....clearly he must. I was just pointing out that the poster made no error and need not (in a legal sense) feel the need to apoplogize. I have been stopped with a gaggle of guns in the trunk...securely stored, not carried. If I were asked about firearms the only answer is "yes...securely stored in the trunk". If I am not asked, I have no duty to disclose, and I would not.
Chris Z:
--- Quote from: wwhuskerman on November 24, 2009, 07:30:16 PM ---Wow... it must be "pull over a CCW permit carrier" week or something.
I got pulled over last night (sheriff's deputy) coming home from work around 12:15 am. I have a CCW permit, but had the gun in a lock box in the trunk, magazine in the glove box. It was unusual, because I usually do carry when I leave work late (in downtown Omaha). Couldn't really tell you why I wasn't last night.
Deputy came up to the passenger side of the car, I held up my license, registration and insurance card... first question after "good evening, sir" was "do you have a weapon in the vehicle?"... so you can be sure they see that on their screen. And he had EVERY bright light on that car on... it was lit up like a Christmas tree.
I have no problem with any of that. I said, "sorry, should have said that right off the bat. I do, and I do have a CCW permit... the gun in a lock box in the trunk, loaded magazine in the glovebox." I motioned to the open glovebox (it was open since I'd pulled out the registration and insurance card) and he saw the magazine.
He said, "okay, that's fine." I asked if he needed to see my permit, or the gun... he said, "no, as long as it's in the trunk, no big deal."
Took my info back to his car, came back in about 5 minutes with a warning ticket(speeding). Glad I just got the warning, but happier that I did okay in my first LEO encounter with the gun in the car. I thought we both handled it well.
--- End quote ---
The Deputy likely asks the weapon question up front to anyone.... CCW Permit information is NOT obtained when running license plates, the deputy would have had to have your drivers license and run your name.
When stopped, it is a good idea to put your hands on the steering wheel, inform the officer you are carrying, and let them request the documents. Having your license and permit in hand when the officer comes up to the car is NOT A GOOD IDEA... WHY????? Because you were fumbling around digging in your back pocket, glove box, etc... while the officer was stopped behind you, and he is back there wondering what all your movement is about.
20nickels:
So, if guns are unloaded and neither it nor ammo are within reach there is no obligation to show your carry permit??
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