What if?..

[The_anti_lib]

I have followed these forums for quite a while now and decided to finally break the ice and start talking.

As a 19 year old I have been gifted 3 handguns that I know I own 100% legally, also I know I can Carry it in my car in most cases but here comes the question.

If a Leo wants to search my car (I have yet to even have a ticket in my life) and finds a handgun in my center console locked and loaded what should I do in that case?

Obviously I will be respectful and follow every order I am given but if I am asked "do you have anything illegal I should know about" I will state "no". Since the gun is not illegal.
But what if the cop is just unaware I am allowed to have it?

Or just thinks he is correct on the law.. Do the cuffs go on rite when he finds it? Or will I have the chance to ask for a superior to come out..or do they have to call a DA?

To sum up..

A cop that is unfamiliar with the right for me to have the gun finds it and puts me in cuffs for breaking the law..?

 

[Dawico]

If an officer asks to search your car, tell them about the gun. They may ask if you have a weapon in the vehicle without wanting or having any reason to search it. They have to worry about their own safety also.

If it becomes an arguement about you being able to own the gun, remain calm and ask them to call in to be sure, as you have done the research already. If you get arrested after that, well then you are going to have to deal with it. There won't be anything you can do at that time.

It is way easier to just not get pulled over.

 

[jsimmons]

Why would an officer want to search your car? If he stops you and asks you to get out of your car, make sure the windows are rolled up, and lock it when you exit the vehicle.

This is Texas, they should (and do) expect that everybody is armed.

If he didn't stop you for DUI, he can't search your car without a warrant, so insist that he obtain one. If he asks if it's okay, tell him no. As long as the pistol isn't "in plain view", and you legally possess the gun, you're have nothing to worry about.

Above all, be polite, and stay calm. The stop is most likely being recorded on the cop's dash cam, but there's nothing that says you can't record it too.

 

[Texan2]

Why would an officer want to search your car? If he stops you and asks you to get out of your car, make sure the windows are rolled up, and lock it when you exit the vehicle.

This is Texas, they should (and do) expect that everybody is armed.

If he didn't stop you for DUI, he can't search your car without a warrant, so insist that he obtain one. If he asks if it's okay, tell him no. As long as the pistol isn't "in plain view", and you legally possess the gun, you're have nothing to worry about.

Above all, be polite, and stay calm. The stop is most likely being recorded on the cop's dash cam, but there's nothing that says you can't record it too.

This is pretty much all incorrect.
1. In Texas there is no "DUI".
2. Being charged with DWI has nothing to do with searching a car.
3. All an officer needs in probable cause to seearch a car on the side of the road, not a search warrant.
4. Consent searches are the most common way officers search cars and the vast majority of the time it expedites the traffic stop and you are on your way pretty quick.
5. rolling up your windows and locking your car mean absolutely nothing. If the law says he can search, he will just take your keys and it will be legal.

6. Be wary of internet legal advice.

 

[daddy45acp]

So does state law say someone under the age of 21 cannot BUY a handgun or cannot possess a handgun? If he cannot BUY a handgun, he's OK unless he has broken some other law. But if he cannot possess a handgun, he's in trouble.

 

[TexasRedneck]

Actually, neither. It's federal law that says you must be over 21 to buy from an FFL. An individual can sell to someone as long as they're over 18 and otherwise is legally qualified to own it. If you come out of a car with a 'tude, under 21, AND have a gun - bet that you're stop won't be pleasant. If you're reasonably polite, conversant with the law (which I commend the OP for looking for such info here) and not otherwise "jail bait", you're likely going to simply address the reason for being stopped and then be on your way. The key issue here is to KNOW your rights....and how to handle yourself properly.

 

[Greg_TX]

3. All an officer needs in probable cause to seearch a car on the side of the road, not a search warrant.

I'm curious about this one. How does that go then; he asks to search, driver says no, then officer says "I have probable cause to search and you can't refuse"? Or does the driver say no, the officer gets a warrant, citing probable cause, then proceeds from there? Or is probable cause something to be argued in court afterward to determine the admissibility of whatever is found?

Interesting timing on this topic for me. I was heading home from my Mom's house and saw that a state trooper had a guy pulled over in the parking lot of a gas station at I-45 and Rittenhouse (not the best part of town). The trooper had a bunch of this guys stuff piled on the hood of the cruiser (in front of the camera I bet), the back seat of the car lying on the ground and he was still digging.

 

[txinvestigator]

What if a cop does not know it is legal to drive barefoot and he catches you driving barefoot?

My point is you are worrying over nothing.

 

[Charlie]

Actually, neither. It's federal law that says you must be over 21 to buy from an FFL. An individual can sell to someone as long as they're over 18 and otherwise is legally qualified to own it. If you come out of a car with a 'tude, under 21, AND have a gun - bet that you're stop won't be pleasant. If you're reasonably polite, conversant with the law (which I commend the OP for looking for such info here) and not otherwise "jail bait", you're likely going to simply address the reason for being stopped and then be on your way. The key issue here is to KNOW your rights....and how to handle yourself properly.

............very, very important!

 

[Texan2]

I'm curious about this one. How does that go then; he asks to search, driver says no, then officer says "I have probable cause to search and you can't refuse"? Or does the driver say no, the officer gets a warrant, citing probable cause, then proceeds from there? Or is probable cause something to be argued in court afterward to determine the admissibility of whatever is found?

Interesting timing on this topic for me. I was heading home from my Mom's house and saw that a state trooper had a guy pulled over in the parking lot of a gas station at I-45 and Rittenhouse (not the best part of town). The trooper had a bunch of this guys stuff piled on the hood of the cruiser (in front of the camera I bet), the back seat of the car lying on the ground and he was still digging.

Due to the mobility and ease of moving evidence the USSC has made an exception to the requirement for a seach warrant for cars that are mobile when PC is present. If PC is there he wont ask you to search the car, he will just ask you to step out and conduct his search. In most cases he will tell you why he is taking the steps he is taking.
A defense attorney will usually file a motion to surpress and get the search thrown out but this rarely works. Resisting the officers search is a Class A misdemeanor if I remember correctly and punishable by up to a year in jail and a $4000 fine.
Lots of things can be used to develop PC, but often it is an alert from a drug dog or an officer who smells marijuana from some idiot who is driving down the road smoking weed.

 

[iibao]

Just keep a copy of the "Youth Handgun Safety Act Notice" in your car.

 

[The_anti_lib]

Thanks for all of the fast replies. Like I said I read these boards almost every day so I do know to be sceptical about some peoples personal "view" on the law.

I am going to school to become an officer myself and obviously I would never be disrespectful.

I don't do drugs, drink and drive or anything illegal at all. But that doesn't mean a LEO wouldn't search my car..you just never know rite?

I just wanted some advice on how to be respectful and inform the officer I am within the law.

And when an officer ask's "is there anything illegal" I will state no, he/she searches and finds the gun and states that I lied previous to the search..?

 

[txinvestigator]

Again, stop worrying about it. What if they raid your house and shoot your dog?

If you are asked questions you simply answer them. WHat are you doing that causes you to worry about being stopped, yanked out of your car and it being searched?

 

[TexasRedneck]

And when an officer ask's "is there anything illegal" I will state no, he/she searches and finds the gun and states that I lied previous to the search..?

You wouldn't have lied. As long as you are conforming to the law, no violation has occurred. Unless otherwise prohibitted, there's nothing illegal about having a gun in your car.

 

[Driller]

You can own the handgun but not be in possession of it. Lock it up in a safe until you turn 21. Similar to my children are in my trust and if I die they inherit my suppressors I legally own but they can't take possession of them until they turn 21.

 

[matefrio]

Be respectful. Know your rights. Don't worry too much about it.

And when an officer ask's "is there anything illegal" I will not say anything. Give him a blank stare. You don't know. I don't know. A piece of fruit could be illegal.



Part 2 YouTube - In Praise of the 5th Amendment - part 2
Part 3 YouTube - In Praise of the 5th Amendment - part 3
Part 4
Part 5
Part 6

 

[matefrio]

You can own the handgun but not be in possession of it. Lock it up in a safe until you turn 21. Similar to my children are in my trust and if I die they inherit my suppressors I legally own but they can't take possession of them until they turn 21.

Your wrong, as you can own\possess a handgun at 18.
Your wrong, as you can possess a handgun even earlier with a parents permission.

NFA is a 21 or older.

 

[MR Redneck]

It's not illegal for you to have a gun in your car. The other crap you get yourself into is the only thing that you'll be needing to worry about.
You dont have to tell LE there is a gun in your car. If asked, " Nothing illegal in my car officer".
If you get cought doing something wrong, then that handgun is the worst thing you can have in your vehicle.
It's not against the law for you to have a handgun in your car. Worrying about a Cop not Knowing the law is a big wast of time. If you find one, just ask for someone else at the scene.

 

[The_anti_lib]

Thanks alot for all of the input guys.

 

[OldCurlyWolf]

If an officer asks to search your car, tell them about the gun. They may ask if you have a weapon in the vehicle without wanting or having any reason to search it. They have to worry about their own safety also.

If it becomes an arguement about you being able to own the gun, remain calm and ask them to call in to be sure, as you have done the research already. If you get arrested after that, well then you are going to have to deal with it. There won't be anything you can do at that time.

It is way easier to just not get pulled over.

If the officer asks to search the car, Just Say NO!!!

I personally carry nothing illegal and no officer is going to search my vehicle without a warrant.