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March 11th, 2011, 08:23 AM #1Banned
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socialist republic,
New Jersey
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giving yourself away while traveling
Based upon this sticky what would you all add to this write up?
For instance, I am gonna remove my NRA stickers, and not where my camo ball cap with the word Remington while CCW, or anything for that matter. Thoughts?
Before travelling, acquire non-resident permits for the destination state and any intermediate state. This will make transport easier, especially if interstate travel along the same route occurs regularly.
Most police encounters during travel involve stops for traffic offenses. Following traffic laws, such as speed limits, will greatly reduce the chance of any encounter with law enforcement.
In the event of a police encounter, do not offer any additional information then what is demanded. Produce only information required by the officer. Admitting unnecessarily that you are transporting firearms when not required to do so will only ensure a longer detention and possible custodial arrest. Although note that some state laws require a driver to immediately disclose to police if transporting firearms. These "duty to inform" state laws may be preempted by the federal interstate transportation law, but there is no known case law on the subject. As such, gun owners should use caution and research applicable state laws before travelling.
Furthermore, do not consent to any searches of your vehicle. Consenting only ensures that the officer will search your vehicle and this will also greatly limit the ability of your attorney to suppress the fruits of the search in court. Generally an officer only needs probable cause to search the passenger compartment of your vehicle. But, in order to search any other area of you car, including an enclosed trunk, the officer will generally need both probable cause and a warrant (see generally New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981).) If firearms were secured in a locked trunk, this makes it highly unlikely the officer will find them during a search. Although the officer may still seek a warrant, it is unlikely he will do so. (NOTE: if you are subject to custodial arrest or if your car is seized these general rules will most likely not apply.)
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