Lets say I get pulled over. The cop wants to search my vehicle, and asks if there is anything I should know about. I tell him I have a pistol in my console. Is he going to run a check on that gun to see if it is registered to me? Does it need to be registered to me? I bought the gun from my brother-in-law. I dont know how owned it before him.

Nope he may run it to see if it stolen and if so you have some splaining to do.

Exactly.

Only if you live in one of the few places that require you to register your gun. There is no federal registration program and most states don't require them either.

Your gun came from a legal sale. It is your gun. As long as you are carrying it lawfully as per the jurisdiction you are in they can't say anything about it, unless you are a felon or it was listed as stolen.

As Zeke was saying, It would really depend on the state your in. Before traveling to another state with a handgun in the console you may want to check the laws. Some allow this type of carry, while others don't. Crazy states like New York, Massachuesetts and the like may not allow handguns to be transported through the state at all unless registered to a permit holder, or may require all firearms to be stored out of reach of the driver in a locked container separate from ammo.

Georgia used to require non-GFL holders to keep any loaded handguns in plain sight on a car seat or the dashboard when transporting or it was considered illegal concealed carry.

Lots of variation in state laws.

Google search for your own home state laws and become familiar with them to make sure you are keeping yourself out of hot water as well.

Oh, Im from Mississippi, boy. 'Round these parts, mah car is considered an extention of mah home. As such, I can keep all tha weapons I want in mah car.

Called the Sherrifs dept. about that the day I started keeping a gun in my car. A pox on NY's laws, I wouldnt set foot in that state if I HAD to.

Thanks for the information guys. hmmm. Would it be prudent to ask the police to run it and see if it is stolen now?

This post has been edited by Biotite: October 30th 2009 1:57 AM

Never invite the police into your life unnecessarily. If it is stolen, they are going to give you the 3rd degree at least until you give up who you got it from. Then they will go to him and so on and so forth. I had a cop buddy run the serial # on a gun I had looked at that was advertised in the want ads. Came back stolen. He came to me said I have to know where that gun is, I ran the # and it came back stolen, now it is expected for me to have siezed it and I don't even know where it is. Ended up being a giant crap sandwhich for all 3 of us involved. Guy lost "his" gun, he was really upset with me for having the # run and my cop buddy did paperwork for days. If you do not know if it is legit, get rid of it in a private sale.

Heard that. Thanks for the info Montana.

FL used to make everyone register their handguns. Then the FL Supreme Court ruled that registering invades upon you right to bare arms so there isn't even any way to register in FL anymore

As of two years ago, there is no quick way to run a serial number and find out who it is registered to - at least in Georgia. It can be run to find out if it is stolen, but that's about it.

As far as the officer knowing you have a firearm - If he asks to search your car, you have the right to say no - check the Supreme Court rulings on search and seizure. If he has probable cause, that's another issue, and even then, if you challenge him, he can either go get a warrant, or argue exigent circumstances. Most people, when asked about a search, will give consent, therefore nullifying the need for a search warrant. If he's just being curious, let him be curious as you are on your way, and tell him that he can't search.

I once had a cop tell me that if you say no to a search of your car, that gives them probable cause because that tells them that you have something to hide. That was back in high school though, so maybe he was just saying that to get it in our minds to always allow them to search our cars... either way it's a lot of BS.

Actually denying a search would not be probable cause. To even ASK he should have probable cause otherwise he is just on a fishing expedition and would get shut down by a simple NO. If he insists have the supervisor called and in all likelihood cooler heads will prevail. Attitude in telling him no should be appropriate and even temped.

The serial number can be run through a national data base for theft. Inmost states unless there is a registration requirement this is the best they are going to do. I had an OKLA HP trooper want to run about 20 guns I had in my car one day (back in 1980) because they were "illegal" according to him. (Thompson semi auto, AR15, SKS, Johnson Automatic Rifle, and various handguns. He called the ATF , this was a Sunday< and they told him to pound sand. The guns were all legal for civilians.

So be respectful and just say no.

Greg

If he is just asking you to search your vehicle, tell him hell no. Unless your doing something stupid or give him probable cause (leave a loaded magazine in plain sight) to search your vehicle, you just tell him to pound sand. We're not in Nazi Germany just yet... though some of us are getting close.

Im a criminal justice major and we just went over a huge section in search and seizure. I understand if there is no probable cause for an officer to search your vehicle you have the right to deny the request to search your vehicle. But say im on my way to or from the range with several friends, so we obviously have several ARs, some shotguns, 22's and they have pistol permits. Im pretty sure its standard procedure or at least most cops ask if you have any drugs, weapons, etc in you vehicle. So my question is if you say yes, i have weapons in the vehicle. does that give them probable cause to search your vehicle? Now as someone mentioned previously when they admitted to having weapons and the trooper gave him a hard time and made sure all the weapons were legal and called ATF. So what could possible consequences be if you say you dont have any weapons just to avoid the whole situation? Or is that just not an option? id ask my teacher and bring it up in class but honestly with everything that has went on in the past with school shootings i just bite my tongue and keep my mouth shut when firearms and gun control come up in the classroom.

I'm not sure that the police will ask you if you have drugs or weapons in your vehicle. If you say you don't have any guns and they send you on your way, no harm done. If you say yes and they think that is a reason to search you, but you still aren't guilty of anything. If you tell the truth and say you are going to the range, I think most cops might talk to you a little about guns and send you on your way.

Truth be told, I think in most parts of the country, it wouldn't be a problem. in the northeast and California, it migh be more of a problem.

A good cop will know a couple dozen ways to get you to give up your rights to search your car. In a way, that's what we pay them to do, catch bad guys.

Though people will tell you all kinds of crap on what you should do or shouldn't do, the bill of rights in our constitution guarantees all of us the right to not incriminate ourselves. My answer to all those stupid do you have questions is no. Its none of their business. They will ask though for it would surprise you how many people say yes. Requests to search my car, I'm nice but have a set line, "I have a lawyer who'd kick my butt if I ever consented to a search even though I am always legal." Cops do not have the right to violate your privacy.

Now all that being said, I have never had a problem with this and I've been pulled over many times under some pretty awkward situations. I'm always polite and cooperative up until that point where my cooperation wanes but not my being polite. A lot of its attitude, when they pull the old "OK, we'll wait till we get the dogs then I'll get really pissed." I simply say, "Sorry about that." giving them I'll wait and cooperate.

TN does not have gun registration so there's no way that they can tell if my gun is mine or not. The only registration is form 4473 which is federal and protected from law to be used in this manner. They can only tell if its stolen if they have it to read the serial number. Though I have a CCW my state does not have a must disclose you are carrying law and the fact I have a CCW is not probable cause to search my car. You need to check your own state laws on this.

Though states, only one I know off hand that's different is OH. they have a must be on your body law not in the console, have different laws and reciprocal agreements to honor carry permits, I'm not aware of any states that share a gun registration data base. Most states that have gun registration, CCW is like pulling teeth if they permit it at all and most of them don't have reciprocals with almost any other state especially with states not as totalitarian as they are. For example, I can't legally carry in NY, NJ, and CA anyway. Still its a good idea traveling into other states to review their CCW laws.

Here's a neat site to do that: Carryconcealed.com

I'll will tell you this, its 99% attitude and appearance. You don't act or look like a criminal, the odds are you won't be treated like one. I never have. If you have a serious attitude of this ain't crap and he'll have the attitude this ain't crap. It reverts really quickly to he's just doing his job. Where people can tell you a dozen stories of their pull over from hell, I can tell you a dozen of it was nothing or better all the could have written me ups that they didn't.

A I'll deal with it and he's only doing his job attitude will save you and him all kinds of headaches.

TJ

I agree with you TJ on your comments. They love to do the "Do you mind if I search your car?" routine. They end up looking in a lot of glove boxes that they don't need to be in. I've probably been stopped (due to my VERY heavy foot) at least 200 times.

I've been asked if the car could be searched twice. Once was the HP guy but the entire back end of my Scout was piled with guns. A small militia for a Latin American country would have been hard pressed to match the firepower there. (My buddy was BIG collector). Oddly enough I was going in for my polygraph for the OKC PD the following Tuesday. he had called in "back up" (3 OKC squad cars) My buddy was talking with the locals and mentioned that I had just left the employ of the US Border Patrol and that I was taking my poly for OKC that week. one of the officers RAN back to the Trooper and told him "They were out of here" and that if he were smart he would be too!!" 3 minutes later I was setting on the edge of I40 all alone with my buddy! What really pissed the Trooper off was that I had a Colt Python in a fully visible holster (legal in Oklahoma) and he kept telling me he was going to "confiscate" it and I would not get it back. I pointed out that my buddies attorney (he was very wealthy, would be glad to discuss that in court as he was going to give me a receipt for the firearm and a ticket documenting it. Oddly enough he did admit that open carry in my vehicle was legal and that perhaps I had a point.

Two years later I was working on a Masters in Criminal Justice Management and the Chief of the OKLA HP was in my class. I mentioned the incident to him and he named the Trooper without any hesitation. It seems this gentleman had spent many a week on the street for just such antics!! The Trooper had just retired and was no longer under the Chiefs control. (The Chief signed my Class 3 papers a month later!! LOL)

The other time I was working in a very seedy part of PHX at a Drug Treatment facility and I got stopped for literally no reason. They said I was "suspicious" you know a curly headed Gene Wider lookalike in drug neighborhood on my lunch break. I told him he couldn't search my vehicle and he tried to bad mouth me in front of the young Rookie he was training. He finally admitted that he had no reason to search other than he was "curious" and I explained my time in law enforcement just didn't think that was good enough!! He about crapped when I mentioned I was an LEO and when I requested his supervisor be called he decided that it was time to go somewhere else.

Attitude does make a huge difference and knowledge of the law in laymen terms does assist in daily living. It got me through 22 years of working in Federal Prison and some tight squeezes but being "right" and being able to project that goes miles in ones keeping his liberties.

Greg

PS: Sorry for the rant. The fingers have been sick and diarrhea has struck again.

All of these posts are pretty much on the money. It is so hard to get into a vehicle anymore, and to make the case stick (at least in the 9th Circuit) that I don't bother unless I have a damned good reason to want into the car. A gun or two isn't enough. I have to have pretty solid information that there is something illegal going on for me to even ask, enough that I can force the search if they refuse.

If someone asks to search, say no very politely. Don't waver. Don't elaborate, just politely refuse. If they decide they've got PC to get into your ride, they'll do it no matter what you say. If they force the issue, stand quietly and remain polite, but never give them consent.

one reason I love bein Army, I always hand em My Military ID along with drivers license, usually on top of it Then come the questions and when they get to the firearms one I laugh and ask how long they're gonna fondle and if they have intentions of wiping it clean when done

A friend of mine had a car wreck the other night. As he was approaching a stop sign, an asian girl swung wide and plowed into his car on the drivers side. She shouted that it was his fault, but she didnt have a cell phone. He smiled at her and called the cops. When they showed up, he handed them his military ID (he used to direct fighters off the deck of aircraft carriers). As luck would have it, the cop was a veteran himself. Needless to say, she got the blame for the wreck.