"Sir, do you have any weapons in the vehicle"?

[dodging230grainers]

As I often drive to the range with guns in my car (unloaded in the trunk), I often wonder what would happen if pulled over by my local police, Harris County, which sometimes has a reputation for non-gun friendliness.

So, my question to you guys is this; if I were pulled over with lawfully owned and stored guns in my car, what is the best way to reply to the LEO if he asks if I have any weapons in the car? Should my response change if he says "illegal weapons" or "weapons"? I think I would fear harrassment since im only 18 and its possible there would be a scary FAL in the trunk. (which of course I lawfully own)

LEOs and everyone with experience feel free to chime in. thanks.

 

[eric.cartman]

First off, don't give them a reason to pull you over.
Second, ALWAYS tell the truth to a LEO.
Third, NEVER volunteer any information beyond what you're asked.

 

[ShunZu]

First and foremost, and more important than how you answer the LEO's question is: Be sure you're in 100% compliance with your state's firearm transportation laws. Some states allow open carry, others require them in a case, broken down, etc, etc. The variables are infinite.

Recommend you check the statutes on transportation on the TX state police / highway patrol web site. As long as you're legal and good to go, reply honestly to the LEO. Even if they are non-gun friendly, it's reasonable to assume they're familiar with their own state's laws in that regard.

 

[k_dawg]

Never lie to an officer. However, you can deflect : "I have nothing illegal in my vehicle".

The only exception is that in some states, if you are carrying lawfully, you must inform the officer.

 

[zxcvbob]

Recommend you check the statutes on transportation on the TX state police / highway patrol web site. As long as you're legal and good to go, reply honestly to the LEO. Even if they are non-gun friendly, it's reasonable to assume they're familiar with their own state's laws in that regard.

Not a good assumption in Harris County -- at least it wasn't a month or two ago. The D.A. there openly ignored the state law and prosecuted people for weapons in vehicles even though the legislature plainly said it was perfectly legal.

That prosecutor was recently forced out for unrelated ethics violations and I don't know what the current status is.

I agree with the advice to deflect the question.

 

[ShunZu]

That prosecutor was recently forced out for unrelated ethics violations and I don't know what the current status is.

Sad he wasn't booted for ignoring state law. Guess he'll be running for governor soon, though.

 

[dodging230grainers]

even if I say "I have nothing illegal in my vehicle", what if the LEO then asks, "do you have any weapons at all?" or, "do you have any legally owned weapons?"

I don't want to lie to an LEO, but it seems like even if I did lie, there's no way the LEO could find out because he has no probable cause to search my car.

I guess I'm just wondering which is worse; to lie and have the officer break the law and search my car without probable cause and catch the gun, or tell the truth and risk harrassment?

 

[Tribal]

1. "Am I being detained, officer?"
2a. If no, "Have a good day, officer."
2b. If yes, "On suspicion of what crime am I being detained, officer?"
3a. If none, go to 2a.
3b. If something (whether cockamamie or not), "I'd like for your supervisor to be present, officer."

If you get a "Step out of the vehicle, please," then lock your doors as you get out and close your door behind you. Get the officer's name and badge number. If you have a cell phone, call the local police, a friend to be a witness, or (even better) a friend who's a lawyer.

 

[wdlsguy]

It is not unlawful to carry an uncased, fully-loaded FAL in the passenger compartment in Harris County. (I would recommend keeping the rifle out of sight to avoid 911 calls. I would also recommend keeping the chamber empty for safety reasons.) An unloaded rifle in the trunk should be a complete non-issue.

 

[zxcvbob]

Why do you think you are obligated to answer? (and what makes you think Officer Duty is going to keep asking?)

 

[dodging230grainers]

I guess the thing that strikes me is that i have nothing to gain if I tell the truth, but potentially something to lose? Again, I do not endorse telling lies to LEO, but in a jurisdiction with a bad rep for harrassing law abiding gun owners...

If it was a TX department of public safety trooper, I would probably not hesitate at all to talk freely of my lawfully owned weapon, but Harris County...

Also, I might consider keeping a loaded .22 in the glovebox for self-defense, which is lawful in Texas, even for an 18 year old, but I fear as the law is relatively new, Harris County (or maybe any TX cops) might harrass me if I tell them I have a lawfully owned loaded handgun in the glovebox.

 

[coloradokevin]

Didn't read through all of the responses, so I apologize if this has already been addressed.

1) Don't lie to LEO's on stops. It can very easily bite you in the butt if it is discovered, and you can face criminal charges for doing so ("Unlawful to Give False Information", etc).

2) Make sure you are in compliance with your state laws on transporting firearms.

3) Present a non-hostile body language... Keep your hands in view on the steering wheel, don't fidget around in the car, and turn your interior light on when it is dark (I am an LEO and I do this when I am stopped). If they ask for something that is in your glove box, ask if it is okay if you reach for it (things like vehicle registration, etc).

4) Be polite. You don't need to be the officer's best friend, but as they say: "you catch more flies with honey". If you are rude/hostile to an officer, it only makes them happier to find a violation!

Do this and you will likely not be hassled on the stop... You may or may not get a citation, depending on the officer and the violation. But, you won't give them reasons to want to dig deeper.

If you are asked if you are carrying any weapons answer truthfully, but don't hesitate to provide a bit more information:

"Yes, sir/ma'am I have some firearms in the trunk... I was just heading out to the range".

"Sir, just so you are aware, I have a legal firearm (under my seat, in my glove box, etc)"

If you have a CCW, it might not be a bad idea to show it to the officer with your license. Personally, I always reveal that I am armed immediately after being stopped. As an officer, I always wear my gun, and I don't want to find the officer's gun in my ear if he spots it and thinks I was concealing it to use against him.

When I am stopped I usually take this approach:

" Afternoon. Sir, just so you are aware, I am wearing a concealed firearm at this time. Here is my CCW permit "

The officer will usually check my permit against my license, and I've never been hassled beyond that!

 

[TexasRifleman]

OK let me say up front I hate the ACLU and what they stand for since they refuse to honor ALL of the Bill of Rights.

That said, I recommend watching this video they produced.

Good information here. Seems to be aimed at the "pot people" but the legal ideas are sound I think.

In Texas you're required to tell if you are carrying under the legal cover of a CHL, that's it.

http://www.youtube.com/watch?v=yqMjMPlXzdA

 

[Joe the Redneck]

Bottom line, if he wants to arrest you, he's going to arrest you.

If he violates your civil rights you will have to have an attorney help you.

 

[nalioth]

All this talk about Harris County...

You guys obviously don't keep up with the laws. Austin passed a law effective last September just because the Harris County prosecutor acted in an unlawful fashion.

Has there been any "arrest 'em and we'll sort it out later" incidents since then? I've not heard of any.

 

[TexasRifleman]

You guys obviously don't keep up with the laws.

Well the fact that the Legislature had to go back and re-write this TWICE to keep the Harris County DA in line should tell you a lot about the attitude of the place.

It's a reasonable thing to be a bit paranoid down there I'd say.

 

[springmom]

First of all, Chuck Rosenthal is no longer DA here. That problem, along with others, is now solved.

Second, you tell the truth if you are asked. If you have a CHL and are carrying concealed, you are REQUIRED to inform LEO that you are carrying. But if you're just on the way to the range or whatever, and it's not a CHL, you have no requirement to inform proactively.

Third, don't speed, use your turn signals, and don't make illegal left turns. You'll live longer, too

Springmom

 

[mekender]

But if you're just on the way to the range or whatever, and it's not a CHL, you have no requirement to inform proactively.

and if you lie, you have opened yourself up to a multitude of problems... interfering with an investigation... uttering a false statement to a LEO... resisting without violence... etc etc... in most states, a traffic stop is an investigation of a crime (traffic offense, but still a crime)... lying during that investigation is a bad thing to get caught doing

 

[springmom]

That's why I said "inform PROACTIVELY". As in "before he asks". :banghead::banghead::banghead:

Springmom

 

[Harpo]

Something is seriously wrong when we have to tread so lightly for fear of enraging a "public servant".

Harpo

 

[Old Dog]

Something is seriously wrong when we have to tread so lightly for fear of enraging a "public servant".

Nonsense. It has nothing to do with worrying about "enraging public servants," it's simply that too many folks can't seem to be troubled to research applicable laws in their own states and figure out the protocol for handling routine traffic stops when they've got firearms in their vehicles. I note that most of these threads are of the "what if?" nature and none actually relate stories of law enforcement officers becoming "enraged" simply because they didn't get the answer they expected.

Something is wrong, however, when folks stop exercising common sense, stop utilizing the "search" function and repeatedly ask the same questions (albeit with slightly different terms and phrases) on an almost weekly basis.

This is not a complex problem, nor is LEO malfeasance, misbehavior or egregiously erroneous interpretation of firearms transport law during traffic stops so widely documented (okay, no Chicagoans or Harris Countr residents need chime in here) throughout the land as many here choose to believe. To the contrary, law enforcement officers nationwide seem to be displaying a growing acceptance of the fact that drivers and passengers may be armed or have guns in their vehicles, but there also needs to be an awareness on the part of the citizenry that there are no "routine" vehicle stops and LEOs get shot at regularly subsequent to traffic stops, so quit being insulted that an officer has the audacity to ask you if you've got weapons in the car.

Just answer the question(s) truthfully, take your ticket or your warning, and be on your merry way.

 

[csmkersh]

*

• Old Dog, maybe you can teach these pups some new tricks. Be courteous and be truthful.
  
  I'm licensed to carry concealed in Texas. Recently I was stopped for speeding on Hwy 3351. As required by Texas law, when the officer asked for my TDL, I gave him that, my insurance card and my CHL. He asked if there were any weapons in the car and I told him there was a .38 in the console, which he retrieved. He asked if I had any other firearms and I told him I had a .380 in my pocket and he retrieved that one as well. He then had me get back in my car, and called his sergeant. The sergeant arrived, looked at my CHL and returned it to the officer. The officer then brought my handguns back along with my papers and told me he was issuing a warning ticket; no charges, no court date and no fine.
  
  I lay the officers actions of disarming me to being a new officer. I credit my not getting a ticket to my being courteous and truthful.
  

 

[divemedic]

Remember that if a police officer is speaking to you in a professional capacity, he is not your friend, and the only thing he is trying to do is to build a case against you. You have nothing to gain and everything to lose by talking to him. Keep your answers as short and direct as possible, and volunteer nothing.

Once you are read your rights, say nothing until you get an attorney.

 

[macadore]

If you have a CHL and are carrying concealed, you are REQUIRED to inform LEO that you are carrying.

If you’re stopped for any reason, you’re required to show him/her your chl. You are not required to inform him/her you’re carrying unless asked.

 

[RP88]

since you're 18, be prepared for the "why do you have a gun anyway?" routine. The number one discriminating factor that I've seen nowadays is your age.

Just answer honestly, but inform him that they're legally owned and that you're going hunting/range/etc., then say "because I can own one. may I go now sir? Thank you, have a good day, sir"