If a cop pulls you over and asks if you have any firearms in the car and you actually do have them since you were on the way to the range, are you required to tell him?
Today I was driving to the range and some of my shooting gear could be seen thru the back window of my SUV. I saw someone getting pulled over and I imagined what would happen to me if I got pulled over and the cop looked in the back window and questioned me. I could also see it turning into him wanting to search the truck and pulling some kind of crap when I said no.
No requirement by law, but it nevers hurts to tell the truth. It always hurts to lie and get caught.
I have nothing to hide, but I would refuse a search and make him justify PC. Most of the local cops I know don't know jack about firearms, mag restictions or AWB features. My fear is they see my AWB compliant Bushy and give me a hard time (being detained, weapons retained & lawyer $$). If they don't have PC they can't search legally. If seeing a gun case or an ammo can is PC in this state, I don't know.
ETA Don't drive like an ass
If they ask for your consent to search and you decline, they can detain you and get a search warrant for your car, I believe . I wouldn't refuse to give consent to search, regardless. If you refuse and they obtain a search warrant, etc, and find a AWB compliant Busy which is being properly transported, you're much more likely that they detain you and keep the rifle until they have everything sorted out to their satisfaction. Probable cause searches are irrelavant if you allow them to search your car, anyway.
There are some weird police search laws in NJ anyway, so I wouldn't test them.
hmmm lets see
I have two scenarios
one was my flat tire on my way to Ft Dix
you cant hide a Barrett in the back of the 4 runner along with a pile of rifle cases and handgun cases and 6 ammo boxes full of ammo
4-5 cop cars and 45 minutes later and a million questions regarding why I have all this and how does a civilian get on Fort Dix armed to the teeth...i was able to swap tires and go on my merry way
I was out for a few drinks with the boys and it was icy out
as I left an officer had blocked the outlet to the lot i was parked in
finally he moved and i left, remember it was ICY so i drove out slowly and he followed
I got pulled over and asked why i took so long to leave, he was blocking my exit i told him.
Why was i driving so slow, hmmmmm it was icy, at least 2 inches thick. OK
heres the kicker
whats the case of 7.62mm ammo and 5.56 doing in your back seat
oh wow i forgot to take it out of my car
whats that ammo for son
do you have an M16 and AK47
no sir those are illegal in NJ
they are for my Bushmaster XM15 and Romanian WASR10
are you carrying any weapons
no sir concealed carry isnt allowed in our wonderful republic of NJ
ok another 45 minutes or so and 4-5 officers covering me and a credentials check
I was allowed to go
hell i was idling that whole time in my car
and he was out in the cold with the other two who were covering me
just answer the questions nicely and you'll be on your way
These were funny incidents to me as I was in my car both times one in summer with AC and winter with heat...no problem I was comfy
I didnt state that I had weapons it was either obvious or there were none
and there is no law stating you cant have ammo in your car to my knowledge
555R, did they ask you what was in the cases or ask to search the vehicle, NJ FID card? I have always been curious about this. Two of my buddies are on the job and advised me to not consent to a search, out of principle I guess. I have to go brush up on NJ law and try to find a Nappen book. 45 minutes and I would be severly pissed off.
One day while driver my sister and her friend to cheerleading pratice then going to the range i got pulled over. Turns out my licence was suspended due to a surcharge being paid 1 day late. So the cops pulls me over and tells me this (didn't know). Long story short I had a GP100 .357, 2 12 gague shotguns, A jennings j-22 handgun, a 10/22 and .30-06 in the car. Now I have a camaro so there is no where to put the guns except in the rear window and the back seat. The cop never asked about the guns at all and he could see all the cases. Guess it depends on the cop.
Keep your mouth shut. Unless the cop has PC or arrests you there's no grounds to search the car. What guns you have is as much the cop's business as what kind of underwear you have on.
So far I have been very lucky..I have a NYSRPA sticker. An "I am the NRA and I vote sticke." An NRA life Member sticker and a AR15.com License plate holder. Have been stopped but never asked if I have guns. Ammo laying in cans in the back. Targets in a box and I have spare G-19 mags in my center console. I have loose ammo lying around some that were duds and I have all types of brass that falls out and I forget to clean up on the floor.
SO check this out. I used my wife's car and left one empty 223 shell in the car. She goes through one of those sobriety checks on the way to work. Cop sees it and she gets pulled over for a major check. She is pissed off at me and call's on her cell phone. Explains what is going on and they are about to do a cavity search on her. I Tell her to hand the phone to the cop and I ask what is the problem. He says she has ammo sitting in the car. I say what ammo and he says a ASSUALT WEAPON SHELL. I go WTF (to myself) and to him ask is it a live round also what is an ASSAULT WEAPON ROUND. He says no but...But what I ask? I say I used the vehicle to go to the range and must have missed it. That there is no reason to stop my wife who is FDNY in uniform on her way to work and give her a hard time. I am very polite and ask him do I need to come down to Brooklyn?
He let her go from what she says and was not an A-hole to her or anything, but told her to make sure the car is clean after your husband uses it. Amazing what goes on sometimes and there are 10-13's going on all over the place and real bad guys around.
Also, can't you have probable cause to search and/or sieze if you are in a place where you have a right to be and you see accessible property in plain view that you recognize as contraband or the fruits, instrumentalities, or evidence of criminal activity (Warden vs. Hayden, and special thanks to Police magazine that happen to run an article this month on Seizing Evidence in Plain View)? Instrumentalities meaning items which may instrumental to be used in/for something, or more plainly put in this situation, items which may be used in/for a crime. Hence, guns and/or knives may be instruments of crime, so plain view of such items may be PC for a search and/or seizure.
Also, Plain shape of a gun case (Henry v. US, again thanks to Police Magazine) falls under the Plain View lawful seizure, unless the incriminiating character of the contents or a container cannot be determined without movement or manipulation, then a search occurs and must be justified.
So, in the above case if you were pulled over for a traffic violation and the officer can see, in plain view, your gun case in the back, he may have probable cause to search and seize it. YMMV, and I am only giving information I found in an article. I am not a LEO nor a lawyer. Feel free to claim I'm spouting out nonsense which I know nothing about (and it's likely true), however if an officer asks if you have weapons in the car you should answer him or her truthfully. I believe if an officer asks to search your car you may as well let them, because if you deny it'll just make trouble.
Edit: Again, YMMV and I'm only relating information I've read and heard. LEOs and Lawyers feel free to step in here.
Hope this helps
All firearms transported into the State of New Jersey:
• Shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel, shall include only such deviations as are reasonably necessary under the circumstances.
• The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console.
For additional exemptions refer to Chapter 39, namely 2C:39-g.
All firearms transported through the State of New Jersey:
The following guidelines are provided in order to assist law enforcement officers in applying New Jersey’s firearms laws to persons who are transporting firearms through the State of New Jersey.
I. New Jersey laws governing firearms permits, purchaser identification cards, registration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law, 18 U.S.C.A. 926A.
II. This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met:
A. The person’s possession of the firearm was lawful in the state in which the journey began;
B. The person’s possession of the firearm will be lawful in the state in which the journey will end;
C. The person is transporting the firearm for lawful purpose
D. The firearm is unloaded
E. The firearm is not directly accessible from the passenger compartment of the vehicle
F. The ammunition is not directly accessible from the passenger compartment of the vehicle
G. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle’s glove compartment or console;
H. The person is not
1. a convicted felon
2. a fugitive from justice an addict or unlawful user of drugs, or
3. an illegal alien
I The person has not
1. been adjudicated to be a mental defective
2. been committed to a mental institution
3. been dishonorably discharged from the armed forces, or
4. renounced his United States Citizenship
III. A person who is transporting a firearm though the State of New Jersey in the manner permitted by person’s possession 18 U.S.C.A. 926A, see Section II above, need not give notice.
IV. Procedures for Investigation of Conduct Involving the Possession or Transportation of Firearms
A. An officer who reasonably suspects that a person is transporting a firearm in violation of New Jersey law should make reasonable inquiries in order to confirm or dispel that suspicion.
B. In a case where circumstances reasonably indicate that the person’s possession and transportation of the firearms my be permitted by 18 U.S.C.A. 926A, the officer should make reasonable inquiries in order to determine whether the person’s possession is permitted by that federal law.
C. If reasonable inquiries lead an officer to conclude that the person’s possession is lawful under either New Jersey law or 18 U.S.C.A. 926A, as described above in Section II, the officer should promptly allow the person to proceed.
D. Whenever an officer has probable cause to believe that a person’s possession of a firearm is in violation of New Jersey law and not permitted by 18 U.S.C.A. 926A, as described above in Section II, then the officer should make an arrest.
I was not asked to search the car at all
the Barrett was obvious but what else wasnt questioned
more or less why do I own or need a 50BMG
I replied because I can
If you are transporting firearms/ammunition in the passenger compartment of your vehicle cover them up so they are not recognizable as such during a traffic stop. If you have identifiable gun cases and ammo strewn around the floor of your vehicle you are ASKING for trouble during a traffic stop.
If a LEO asks for consent to search your vehicle politely decline by clearly stating:
"No, you do not have my permission to search my vehicle. There is nothing in it that would be of interest to you. Am I free to go?"
I have yet to meet the LEO who would give consent to another LEO to search either his person or vehicle.
The above is just my personal opinion.
everything was covered as it was in the back of a 4 runner
but the rear seat was down and the Barrett was under a blacket but its outline was dead obvious
Unfortunately your next encounter may not end as well. Build a simple false floor out of plywood and cover it with indoor/outdoor carpeting. That is frequently done with pickup trucks to cover the wheel wells and create a flat floor. As a bonus you end up with both a protected space to store stuff and to keep it from prying eyes.
Blanket over and tucked around ammo cans and rifle cases along with other shooting contents...
Kid stuff (toys, lunch packs for the day, jackets, etc.) on top of blankets...
Question from Officer:
"Do you have any drugs or firearms in your vehicle?
"No sir I do not have any drugs or ILLEGAL firearms in my vehicle."
End of story.
Give me my ticket and I will be on my way...
"NEVER" consent to a search. If they have reason, they will do it anyway...
Was not on Highway but on Atlantic Ave. I think it was in the 75 pct. Been awhile so I do not remember exactly
Do not lie to cops, you can be arrested and charged with a crime for lying to a cop. On the other hand, it is perfectly legal for a cop to lie to you in order to get info out of you.
This is the double standard:
You lie to a cop, it is an indictable offense.
A cop lies to you, it is a cleaver law enforcement investigative technique.
If you are pulled over and asked about guns, either tell the truth or say, "I have nothing to say".
That's generally not true with state LE. Only applies to the feds.