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Thread: Stopped by a cop....
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November 2nd, 2008, 08:22 AM #1
Stopped by a cop....
I'm driving home lastnight minding my own business, and a cop pulls me over (in McDonald PA) because i had a headlight out. We go through the whole deal with license and registration and then he asks "Do you have any weapons on you". So i said yes i have a permit for the pistol that i had under my seat. Kind of flustered he said You know that you are supposed to tell me about that as soon as i pull you over." I said that i will know for next time. My question is, am i by lay obligated to tell him about the firearm first off when he pulls me over. I thought i read here before that i wasn't, but me being a new gun owner i didn't want to rock the boat so to speak.
Last edited by Neo31rex31; November 2nd, 2008 at 08:26 AM.
Owner of EMac's Tactical - www.emacstactical.com
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November 2nd, 2008, 08:31 AM #2
Re: Stopped by a cop....
the cop is misinformed. you're under no obligation to tell him you're armed, unless he asks you. some people do out of "courtesy", but it's not required.
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November 2nd, 2008, 08:32 AM #3
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November 2nd, 2008, 08:47 AM #4
Re: Stopped by a cop....
I don't remember the thread title but there was a fairly lenghty thread about this recently. The general concensus seemed to be don't say anything unless asked.
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November 2nd, 2008, 08:58 AM #5
Re: Stopped by a cop....
Get your "Guns Save Lives" stickers today! PM for more info.
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November 2nd, 2008, 09:18 AM #6
Re: Stopped by a cop....
" I do not have any ILLEGEL weapons in the car"
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November 2nd, 2008, 09:25 AM #7
Re: Stopped by a cop....
Get your "Guns Save Lives" stickers today! PM for more info.
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November 2nd, 2008, 03:20 PM #8Grand Member
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Re: Stopped by a cop....
i concur. i have never seen any statute that requires you to answer his questions.
if you were actually carrying the gun illegally, you definitely would not be required to answer because of the 5th amendment.
if you are carrying it legally, the 5th doesn't apply, but i still haven't ever seen a statute that requires you to answer that question.
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November 2nd, 2008, 04:02 PM #9
Re: Stopped by a cop....
If he askes you would be required to answer truthfully, or not answer at all? If you were in legal possesion of a firearm there would be no risk of self-incrimination because there is no crime taking place, and so would 5th amendment protection apply? If your answer is "no comment" does that then give him the right to rip you out of the car and search for a potentially illegal firearm? How about, "I have an LTCF, if I had a weapon it would be legal, I have no further comment."?
How pissed are you gonna be if you die before the Zombie Apocalypse comes? - - IANAL
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November 2nd, 2008, 04:12 PM #10
Re: Stopped by a cop....
Your 5th Amendment protection always applies. As to whether you have any worry about needing it if you answer a question about your lawfully possessed firearm, I recommend watching both these videos, all the way through.
Video #1 of 2
Video #2 of 2
The answer is that yes, you can unintentionally incriminate yourself.
No
My advice would be to either answer or don't. Not give info he didn;t ask for followed by hypothetical. That's likely to cause more harm than answering. JMHO._________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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