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If you get pulled over?

Discussion in 'Legal & Political Archive' started by footballplaya98311, Mar 9, 2014.

  1. footballplaya98311

    footballplaya98311 Bremerton Member

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    If you get pulled over and you have a cpl and armed; are you required to tell the police you are carrying? I know I would tell them. I've heard some people say yes and some say no. Hypothetical scenario, maybe you were going like 5 mph over or had a brake light out. Nothing criminal. One of my friends that as a cpl got pulled over in his brothers car. When my friend went to get his info out the glove box his brothers loaded pistol fell out. The cop said my friend could of got charged with a felony/misdemeanor? Thanks for the feedback!
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    What state? There is no federal law on the issue.

    In WA you do not. Here are all of the WA gun laws, http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41 I suggest you read them and link them for reference being a WA gun owner.

    There have been many threads on this subject. I will NOT tell the LEO I have a gun unless required by law or the situation dictates. I will not be the one "bringing" a gun into a situation that does not involve it.
     
  3. footballplaya98311

    footballplaya98311 Bremerton Member

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    Thanks for the link! I am in WA. The only section I found that somewhat applied to the scenario is
    RCW 9.41.050 which states " ..shall display the same upon demand to any police officer or to any other person when and if required by law to do so." So do you believe handing over your cpl with your drivers license and informing the LEO you are carrying isn't a good idea? Do you think the LEO would become more paranoid that you may fire at them?
     
  4. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Yes, if the LEO asks I will tell them or if the situation dictates. Say it is in your center console where your insurance is, or you have to get out of the car, or you are strong side carrying and have reach for you wallet. I will tell the LEO.

    I did not say that informing them was a "bad idea", but it has NOTHING to do with the reason I am being pulled over. I do pull over in the safest area I can find for the LEO, I turn on my interior lights (at night) and roll down my windows. I keep my hands visible and don't make sudden movements.

    I don't try to think what the LEO will think. If they want to know about firearms they can ask. If not then I am not going to be the one to bring them up when it is not part of the situation. I know others feel differently and again there are pages of this discussion on this and many other boards.

    Obviously there are others who feel just the opposite of what I do. They offer up their CPL all the time, even when not carrying. I have not heard of any adverse problem from doing so, just not my preference.
     
    Last edited: Mar 9, 2014
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  5. footballplaya98311

    footballplaya98311 Bremerton Member

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    I see. Thanks for your input. Much appreciated!
     
  6. Riot

    Riot Benton County, Washington Well-Known Member

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    Scare tactic...if anything I would have told the officer that there is a weapon in the bag/glove box before digging in there to retrieve something.

    Just remember these things when you get pulled over.

    1) Be respectful.
    2) Don't say anything that will incriminate you or invite a search.
    3) Keep your hands visible at all times, communicate with the officer(s) what you are doing and why (i.e. "my registration is in the glove box, I'm grabbing my registration") before you do it.
    4) Don't offer up any information for free (i.e. "just so you know, there's a gun in the trunk") but if asked "are their any weapons in the car?" Answer truthfully. "Yeah, there's a rifle in the trunk, we're headed out to a friend's house to get the stock painted."
     
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  7. footballplaya98311

    footballplaya98311 Bremerton Member

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    Good advice! My friend didn't know his brothers pistol was in there. His brother was using the car for the past couple months.
     
  8. SCARed

    SCARed Vancouver, WA Well-Known Member

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    Was your friends brother in the car at the time? If not and your friend doesn't have a CPL, then with a gun concealed in the glovebox, yes, the cop could have charged him with a misdemeanor/felony.
     
    orygun likes this.
  9. Riot

    Riot Benton County, Washington Well-Known Member

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    See that's the only thing I don't get about stories like this.

    #1) I know where all my guns are
    #2) I don't just leave a firearm in a car (too afraid of it getting stolen or needing it and not having it)
    #3) Having a gun and leaving it in the glove box of a car is like flying a plane but leaving the parachute in the back. Chances are if you need it, you're going to be so busy dealing with the issue at hand that you won't be able to go get it in the first place. So I really don't get how someone thinks that just having a gun is any better than not having a gun if you're not going to practice with it, maintenance it and carry it.

    At a minimum, I would definitely be having a "Coming to Jesus" meeting with this "friend" of yours. A gun is not a screwdriver you can just leave around your friend’s house after helping him install the bookshelf. If he keeps doing it, ask him how he would feel about leaving a full gas can in his kitchen, or just open knives on the floor. I doubt the thing was in a holster either and was probably loaded, wasn't it?

    Yeah, probably time to get new friends.

    Just saying...
     
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  10. footballplaya98311

    footballplaya98311 Bremerton Member

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    My friend was alone. He does have a CPL. His brother is Army and had just left for training. I'm guessing his brother forgot to mention the pistol was in the glove box. I agree Riot; I wouldn't leave a pistol in the glove box. It's either gonna be on me or at home if I'm going somewhere I can't carry. It wasn't my friends pistol. He could of searched the car first but apparently he didn't think his brother would leave a loaded pistol in the car.
     
  11. Jerry

    Jerry Vancouver, WA Well-Known Member

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    The cop was full of crap. As your friend had a valid CPL, there was no violation of RCW 9.41 regarding the pistol in the glove box.
     
  12. GunRightsCoalition

    GunRightsCoalition Vancouver Well-Known Member 2015 Volunteer 2016 Volunteer

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    As long as the person driving had a CPL then it doesn't matter if it was in the glove box. No crime there.

    Personal opinion. There should be no necessity to notify LE about any firearms you may or may not be carrying. I wouldn't tell them how much change I have in my pocket or that I have a pocket knife as neither one has anything to do with being stopped. If they ask then yes you need to tell them. The only exception as mentioned above is that you will be reaching into an area where LE could mistake your actions for reaching for the firearm then make them aware. I.E. "I'm going to get my wallet and I'll be reaching past my firearm which is on my side."
     
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  13. elsie

    elsie Way over there on the left Well-Known Member

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    From the Washington County Sheriff's monthly email:

    It may be a good idea to reduce the level of friction between folks so that things don't get crazy. And if the officer over-reacts, you can always follow up on it later.


    elsie
     
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  14. SMan

    SMan Edgewood New Member

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    I never offer to LE that I am carrying. I was however stopped on my motorcycle twice in one day within an hour of each other. Each time I was asked if I had a "firearm". I simply replied that I did in my backpack and was (asked as a courtesy) not to go into the backpack. I saw nothing wrong with it. I believe that they were clearly looking for someone fitting my description, hence the 2 stops in a short time.

    I have never been asked that question the times I have been stopped in a car.
     
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  15. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    The police issued me a concealed weapon permit. This took some expense $$, time, and invasion of my privacy. If stopped, I plan on concealing my weapon from the police, as allowed by my permit. It is not a "concealed from everyone but the police" permit. It is a concealed weapon permit. That means you don't even tell them.... They have no need to know when stopping you for a burnt-out taillight.
     
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  16. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    footballplaya98311 likes this.
  17. footballplaya98311

    footballplaya98311 Bremerton Member

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    Thanks everyone for the input! I can see both reasoning on why some show or don't show their cpl. Me personally, I think I'll show mine. Might be a good conversation starter!
     
  18. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Exactly right. When underway the person owning the gun and having a permit must be present in the vehicle and have it under his "control" So, if the owner was in the back seat it could get you arrested.


    Deen
    NRA Life Member, Benefactor Level
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    "A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
     
  19. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Uhhh... Not if you're dead! And that DOES happen.


    Deen
    NRA Life Member, Benefactor Level
    Defender of Freedom Award
    NRA Recruiter
    Second Amendment Foundation Member
    Washington Arms Collectors Member
    Arms Collectors of SW Washington Member


    "A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
     
  20. GunRightsCoalition

    GunRightsCoalition Vancouver Well-Known Member 2015 Volunteer 2016 Volunteer

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    The RCW's make no mention of ownership in relation to carrying a concealed firearm in a vehicle. RCW 9.41.050 2A ii would apply here so as long as the permit holder is in the back seat or anywhere else in the vehicle then it would be an illegal arrest.

    RCW 9.41.050
    Carrying firearms.
    (1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

    (b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.

    (2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle
     
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