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loaded hand gun in car

Discussion in 'Legal & Political Archive' started by snowdriver, Jul 11, 2010.

  1. snowdriver

    snowdriver sandy,oregon Member

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    i got pulled over the other day for a seat belt violation:eek:,and the very first question the officer asked me was if i had any firearms in the car,i did not,so he does all the normal license,registration and insurance checks and writes up a citation for not wearing a seat belt:(.At that point i asked him why that was:confused his first question and he said that is something he does anytjme he pulls someone over,so i asked him if i had a hand gun in the car without a weapon permit ,laying in plain site,loaded or unloaded,he said that is legal,the problem is when you try to hide the weapon,but i cant help to think that if there was a gun on the seat in plain site next to me,it may have caused some sort of issue,any thoughts on this:confused:
     
  2. Just Jim

    Just Jim Well-Known Member

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    Alot of things come into play with carrying a handgun. First is officer safety, they want to know you have a gun. Second when you tell them you have a gun it goes down on your record as "known to carry a gun" so the next time they will allready know but they will ask again to further your record.

    Open carry may be legal but to me it sets you up for someone calling the cops on you for brandishing. Anyone who sees your gun can say you pointed it at them and the legal fees to fight the charge will run in the thousands. The cops will allways take the side of the person who reported the gun crime. My neighbor is fighting such a deal right now and has spent over $4,000. That's another story though.

    jj
     
  3. USMC1345

    USMC1345 Gresham, OR Member

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    relatively often while working has given me plenty of experience dealing with police. I drive for work, about 2800 miles per week, most of that is done at night. Police are always using excuses like taillights or license lights not working, or turn signal was not used. Anyway, my point was that I have had a CHL for the past seven and a half years, and always carry, and never had an issue while getting pulled over. Sometimes police ask about a weapon, sometimes they don't. Sometimes I offer the information, sometimes I don't. One time after the officer knew I had a weapon, he took it back to his car during the stop, and returned it still loaded and in the holster the way he got it from me. Other than that, they always just say don't reach for it, or don't say anything at all ather they see I have a CHL. I don't have any experience with a gun, loaded or unloaded, being in plain view when I got pulled over. I feel that having it that accessable would just raise questions from the police as to why, when I have a CHL, do I need it right there on the seat. I can draw from my holster while sitting with no problem. Hope this helps and isn't too far off topic.:)
     
  4. BillM

    BillM Amity OR Bronze Supporter Bronze Supporter

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    The response seems to vary from officer to officer, or maybe agency to
    agency. When they call your plates in prior to pulling you over, they
    get the registered owner, any active wants and warrants on the owner, and
    will be informed if you have a concealed carry permit. So they KNOW if
    you have a permit before they get out of their car.

    If they ask if I have a gun in the car or on my person, I'll tell them. If they don't ask, I don't say a thing most of the time. In the state of Oregon there is
    is no legal obligation to inform the police that you are carrying.
     
  5. glockguy

    glockguy Albany Oregon Well-Known Member

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    did this happen in albany? :confused:
     
  6. drew

    drew OR Well-Known Member

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    Sure that isn't menacing?
     
  7. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    I wrecked my rig a couple of months ago in Clatsop Co. The state cop who came to the scene was a decent respectful guy. After he took my license and insurance info I voluntarily told him I had my CHL and the I was armed. He barely even looked up from the notepad and said, "Okay." with little on no care for what I had told him. I was kind of surprised but also quite pleased that he handled like that.

    That was off topic but somewhat related, right?:paranoid:
     
  8. talntid

    talntid spokane Member

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    I keep a pistol in my glove box, in a holster above it. When an officer pulls me over and asks me for license, registration, and insurance, I give them the License and permit, and inform them that my other papers are in the glove box, along with my pistol. They always tel me to have a good day, and give me my license back and they head out.
     
  9. Doug Wilson

    Doug Wilson Lafayette, OryGun New Member

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    My understand is that OryGun flags you Driver's License number - not your plates.

    When I am stopped (seldom) I have a set routine to put the Policeman at ease:

    1) I turn on the emergency flashers

    2) I turn on the interior lights if at night

    3) I put both my hands on top of the steering wheel

    4) I tell the officer at once that I hold a CHL, and how many loaded and unloaded firearms I have on me/with me

    I agree that none of this stuff is a legal requirement, but I want him to be as relaxed as I can make him.

    No offense intended for the good ones out there, but I'd hate to get shot by a nervous yo-yo.

    Doug
     
  10. BillM

    BillM Amity OR Bronze Supporter Bronze Supporter

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    Hmmm. I've heard it over a scanner many times---LE calls in plate number.
    Dispatch comes back with registered owner, any wants/warrants connected with registered owner, and a "Be advised owner has a CHL". Maybe the system automatically links plates to owner to drivers license to CHL, but
    if you are driving a vehicle registered to you the officer probably DOES
    know your CHL status before he/she ever gets out of the cruiser.
     
  11. Doug Wilson

    Doug Wilson Lafayette, OryGun New Member

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    The vehicle I drive is registered to my x, and when I get pulled over, the Policeman doesn't know I have a CHL until I tell him. When he runs my DL, he then usually confirms that they knew it.

    Mebbe if the rig was registered to me...

    Doug
     
  12. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    They can run the plates.... then run the license #(s) of the registered owner(s) that is already in their database. I'm friends with our local police chief and asked him about it. He said if they care to they can find out. He didn't seem really interested in finding out who has a CHL or not.
     
  13. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    I was pulled over on Saturday for 65 in a 50. I was open carrying my 10mm as I was headed to the mountains to go camping, it's concealed when I'm sitting in my truck. I placed my keys on the dash and my hands on the wheel as he approached my truck. The officer asked for my license and I informed him that I was open carrying a weapon. He told me to get my wallet slowly, I turned my lower body towards him so he could see the weapon, he decided to disarm me for the remainder of the stop. I told him I knew how fast I was going. I kept my hands outside my window while he was back in his cruiser. He thanked me for being cooperative and letting him know I was armed and let me go with a verbal warning. Be cool, hands on the wheel, no sudden movements and be honest and you'll usually be ok.

    Of course none of that worked on my 3 previous traffic stops (non of the trouble was related to me carrying) and I was stopped for no reason all 3 times. I do not appreciate being treated like scum when I'm honest and polite, especially after you stop me for no good reason.
     
  14. gogoDawgs

    gogoDawgs Federal Way, WA Active Member

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    So you admitted guilt?
     
  15. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    What do I have to lose? He got me for 15MPH over the limit. BS a cop and you'll get a BS ticket. They aren't stupid. I know he got my speed fair and square, he was sneaky and hit me with instant-on radar. Had he seen my hidden radar detector I probably would have gotten a ticket.
     
  16. gogoDawgs

    gogoDawgs Federal Way, WA Active Member

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    Say nothing. (5th Amendment)

    Contest the ticket.

    File discovery.

    Perhaps his SMD was a year overdue for a calibration.
     
  17. Contract_Pilot

    Contract_Pilot Vancouver, Washington Active Member

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    I answered that question once "you have any guns or other weapons" My answer was I have no guns on me or accessible but I have a 2 ton weapon and your looking at it. Officer got a good laugh and let me go after running my info. It's none of their biz whats in the trunk...
     
  18. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    What ticket?

    I would have been hosed in court. He got me fair and square. I'll always admit my speed if I know how fast I was going, I haven't got a ticket yet.

    Check out this thread from a couple months ago when I was stopped and the officer lied to my face. I would have easily beaten him in court, his story was full of holes and I had GPS proof. He knew I was right and let me go.
     
  19. gogoDawgs

    gogoDawgs Federal Way, WA Active Member

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    It's good that you did not receive a ticket, but you will at some point. Being honest is giving up your 5th amendment right. What other rights do you willfully give up?

    An no he didn't necessarily get you fair and square, my last ticket was dismissed as the police departments records certifying the SMD were out of date.

    No you did not have GPS proof. Not unless your GPS was certified by an expert in the field.
     
  20. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    I also have a 1st amendment right and can give up my 5th amendment right...

    I was doing 65, he clocked me doing 65, sounds pretty fair and square to me... And any officer who is that sneaky and selective with I/O radar is very likely to have his calibrations up to snuff.

    My GPS evidence combined with his sketchy story would have hosed him in court.

    So far my strategy is working, who are you to question it?

    I'm surprised you're not angry that he disarmed me...