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Pulled Over by Police - Legal Firearm in Car, Standard Procedure?

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Answersuote name="W2MC" post="943904" timestamp="1421437960"]Trolled? Ya think?

 

Yes given the layered question pattern from an unknown source. Very direct, specific questions which are not normally asked by a true novice. Answers are met with follow-up questiond drawing us deeper into the morass.

 

If it looks like a duck, quacks like a duck.....etc.

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Dear Community,

 

I want to ask a question to which I can find 0 information on elsewhere. If you are pulled over by police for any reason in the state of NJ and you have a legal firearm in the vehicle, do you:

 

a) Disclose that you have a legal firearm in the vehicle?

   1) Does that automatically give just-cause for the officer to search your vehicle?

   2) Does that imply consent to inspect the legal firearm?

b) Should you not mention the firearm at all (especially if it is not on the gun registry with the state, such as a shotgun)?

   1) Is this something that can bite you?

 

What is the law on being pulled over with a legal firearm in your vehicle?

 

Thanks,

D

I can't believe the number of LEO-related posts today.

 

As long as you're legal you never volunteer any information about guns. It cannot help, only hurt. 

 

But truth be told I've been stopped probably 40 times in the last 47 years of driving, and NEVER been asked about firearms. Not once.

 

It would be nice if we had a live, online legal forum once in a while with a living, breathing lawyer. You'd think for what they pay for legal representation the NJARPC would have one once in a while. 

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One last thing....could it be possible that (with a post count of 12) we're being trolled???

 

I assure you that I am earnest in all of my questions and felt this was the most convenient way of getting them answered? Haven't you ever just had questions you wished people were around to answer?

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Har har har, excuse me for preferring disabling someone over ending their life. I get the law is not on my side on this one.

You don't get it. It may NOT disable someone. Its not about killing someone. Its about stopping them. If you feel the need to use a firearm on someone to stop them I want to be SURE what I'm using is gonna work. No grey area.

 

 

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Is lying to a cop a crime in NJ?

Can be:

 

2C:29-3b4

2C:29-3. Hindering Apprehension or Prosecution

b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

 

(4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

Depending on what the investigation is for/what the lie is trying to hide, this is anywhere from a DP (misdemeanor for you PA folk) to a 2nd degree crime (felony for you PA folk).

 

Just tell him he has nothing to worry about because you shoot bean bags out of your shotgun.

:rofl:

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Haven't you ever just had questions you wished people were around to answer?

 

Yes. 

 

That being said, I don't sign up at the particular car forum (for instance) and ask as my first post "where's the best place to hide drugs in the vehicle" and as my second post "which position is best for sex in the back seat".   Capice?

 

Here's a hint - without any sarcasm intended.  Read the forum, read it a lot.  Many of your questions will be answered.  Use google to search the site (it's better in nearly every case than any forum's on board search engine) 

 

The syntax to use google is as follows:  these are my search terms site:http://njgunforums.com/

Here's the google hints for using their site:  http://www.google.com/insidesearch/tipstricks/all.html

 

As you're reading, read between the lines.  Pretty quickly you will figure out who the police are, who the real lawyers are (they say NOTHING), who the amateur lawyers are, who the idiots are, who the mall/airsoft ninjas are, who the amateur gunsmiths are, who the IDPA/USPSA people are, etc.  Sometimes the power of what is said is in what is NOT said.

 

Welcome to the forum.

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I have never had a cop be an asshole to me when I was honest with them.. maybe my experiences are anomalies..  I have found it to be in my best interest to just be honest, and not act like a 15 year old tweaked out on meth.. cop pulls me over.. asks me a few questions.. I answer the questions.. and I am on my way... one time coming home from a wedding I hit a state police DUI checkpoint... the officer asked me if I had been drinking.. I said "yes I am coming back from a wedding and had a few drinks through the night".. he handed me a handout about drunk driving and told me to be safe and sent me on my way.. I could have left the window cracked 1/100000000 of an inch.. acted like I had dead bodies wrapped in heroin in the trunk.. told him about my rights.. and refused to answer any questions.. but my guess is my night might have ended differently... for the most part.. cops are normal people.. and if you dont act like a complete drug fueled psycho.. or a gangbanger transporting a crate of AK47s they are not going to waste their time.. people always want to bitch about cops messing with them.. MOST of the time that is happening because you are acting in an odd abnormal way.. the officer is trained to judge his interaction with you... if you act all freaked out.. you are indicating to them that you are up to something.. that you have something to hide.. and odds are.. the interaction is going to last way longer than it needs to.. and it is going to aggravate both you and the officer.. sure.. you have every right in the world to do what you want.. but for me.. personally.. I deal with the situation as simply as can be dealt with..

 

where are you headed: home from a wedding

have you been drinking: yeah I had a few drinks through the night

OK we are handing out these pamphlets to promote safe driving.. be careful.. have a good night: thanks

 

and on my way I went.. and that is not an isolated incident.. I have interacted with the police on a few occasions where my decisions were questionable... none ended with me being beaten on the side of the road.. or tazed.. or locked up.. or in jail..

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At least he's not The Twat Llama anymore. THANK YOU to the powers that be. It was getting so ridiculous I was going to request my name be changed to Throbbingknobllama.

You can change your display name all on your own...so maybe you CAN still do it!

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Har har har, excuse me for preferring disabling someone over ending their life. I get the law is not on my side on this one.

not a single one of us here ever wants to take another life. all we want to do is to stop whatever threat it is that caused us to present a firearm. there is no shooting to disable, racking the slide to make them go away, no shooting them in the pinkie so they'll leave. there is only shooting to stop. the most effective way to stop, is to shoot center mass.

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not a single one of us here ever wants to take another life. all we want to do is to stop whatever threat it is that caused us to present a firearm. there is no shooting to disable, racking the slide to make them go away, no shooting them in the pinkie so they'll leave. there is only shooting to stop. the most effective way to stop, is to shoot center mass.

This

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Get pulled over and play nice... the guy's just doing his job. If you have firearms legally in the car, you're in the clear. 

 

Unless you're doing something REALLY stupid, he'll probably just give you his ticket and be on his way.

 

If you have bumper stickers saying "Keep Honking I'm Reloading" it might get him to ask the question. 

 

This is why there are NO stickers on my car. There is nothing to tell what's under my cargo cover, and when I play nice, the cop will let me off with the ticket I deserve (if he isn't nice enough to bump it down to a seatbelt violation) and be on my way.

 

Last time I was pulled over I was on my way scuba diving. Cop pulled me over and I was shocked that I had an expired registration (I bought the car in November and it expired in April... 5 months made no sense to me) and he was shocked too. Gave me my ticket and told me to take care of it on Monday since the DMV was closed. Play nice, and everyone goes home.

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If you have handgun or hollow point ammo onboard then you must not say anything that contradicts your exemption. Possession of those items without any explanation substantiating an exemption are felonies unless you are going to or from the range or some other exempted location. That means you may want to consider saying right off the bat you are going to such and such range. That establishes right off the bat the applicability of the exemption and the legality of your possession of these items. If you resort to your right to remain silent then by default a cop will have no reason to believe you are really going to the range and if you dont say it until after the search then the policeman might not believe you since you clammed up before.

 

Something to think about.

 

Sent from my SCH-I535 using Tapatalk

 

 

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If you resort to your right to remain silent then by default a cop will have no reason to believe you are really going to the range and if you dont say it until after the search then the policeman might not believe you since you clammed up before.

 

 

:ed::facepalm:

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Get pulled over and play nice... the guy's just doing his job. If you have firearms legally in the car, you're in the clear. 

 

Unless you're doing something REALLY stupid, he'll probably just give you his ticket and be on his way.

 

If you have bumper stickers saying "Keep Honking I'm Reloading" it might get him to ask the question. 

 

This is why there are NO stickers on my car. There is nothing to tell what's under my cargo cover, and when I play nice, the cop will let me off with the ticket I deserve (if he isn't nice enough to bump it down to a seatbelt violation) and be on my way.

 

Last time I was pulled over I was on my way scuba diving. Cop pulled me over and I was shocked that I had an expired registration (I bought the car in November and it expired in April... 5 months made no sense to me) and he was shocked too. Gave me my ticket and told me to take care of it on Monday since the DMV was closed. Play nice, and everyone goes home.

^^^^THIS^^^^

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If you have handgun or hollow point ammo onboard then you must not say anything that contradicts your exemption. Possession of those items without any explanation substantiating an exemption are felonies unless you are going to or from the range or some other exempted location. That means you may want to consider saying right off the bat you are going to such and such range. That establishes right off the bat the applicability of the exemption and the legality of your possession of these items. If you resort to your right to remain silent then by default a cop will have no reason to believe you are really going to the range and if you dont say it until after the search then the policeman might not believe you since you clammed up before.

 

Something to think about.

 

Sent from my SCH-I535 using Tapatalk

 

And just WHY are we being SEARCHED in the first place?  For a speeding violation or an illegal u-turn or a cracked tail light or tinted windows??  I've got stickers all over my car.  NRA Life Member, BSA Eagle Scout, my kids Alma mater, etc.  I've never been searched and/or harassed.  I'm feelin' left-out from all of this FUN, lol!

 

But you do have a valid point about transportation of dum-dums (HP's).  One of the many reasons I belong to a private club with 24/7/365 access.  No matter where I am, "I'm always headed there"....

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Who knows why? You could get searched for any number of reasons. Someone in a similar car might be wanted or a car like yours could be called in as a getaway vehicle. A cop might think you are poaching. You might get in a traffic accident. You might take a wrong exit and drive through Newark and be suspected of intending to buy drugs. People get searched all the time.

 

The point is that as long as exemptions are the legal basis for possession, you cannot remain silent because you have to declare where you are going from/to in order to be legal. Kind of a unique circumstance - the magic words 'going to the range' if true suddenly makes a serious felony turn into perfectly legal activity.

 

So if it appears you are gonna get searched then better to declare your legality up front instead of waiting till they are tagging and bagging your guns and all excited that they have a felony collar and reading you your rights.

 

Right or wrong police dont need a warrant to search your car anymore and they could come up with any number of reasons to search.

 

The important thing is to establish a good first impression with the police so they dont suspect you to be up to no good and then start fishing for an excuse to search and arrest.

 

Sent from my SCH-I535 using Tapatalk

 

 

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And just WHY are we being SEARCHED in the first place?  For a speeding violation or an illegal u-turn or a cracked tail light or tinted windows??  I've got stickers all over my car.  NRA Life Member, BSA Eagle Scout, my kids Alma mater, etc.  I've never been searched and/or harassed.  I'm feelin' left-out from all of this FUN, lol!

 

But you do have a valid point about transportation of dum-dums (HP's).  One of the many reasons I belong to a private club with 24/7/365 access.  No matter where I am, "I'm always headed there"....

 

 

Get hit from behind and a long lost hollowpoint rolls out from under your seat or your trunk pops open.

 

Or cop just decides to do it and lie about getting your permission later.

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Get hit from behind and a long lost hollowpoint rolls out from under your seat or your trunk pops open.

 

Or cop just decides to do it and lie about getting your permission later.

this..

 

you could carry every day the rest of your life in NJ.. and it would NEVER matter... if you dont act like an idiot it is unlikely you will ever be in a position to be randomly patted down.. till one day... when you get in a car accident and are unconscious.. and while trying to render aid the local EMT notices your evil hidden gun..

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