LOL, Yeah just like that, only, with weapon drawn. A couple minutes later they had him hands on the car, being frisked. He was a housemate and I’d seen the cops pull him over through the window.
I figured “Ah, they got him for his trailer lights being out.” We’d just returned from fishing and he went round the block for a 2nd try at backing the trailer in, and it had just turned dark.
A moment later I looked up and saw them treating him like a serious danger, so I walked out and said “What’s the problem, Officer? That guy lives here.” After a few sensible questions they relaxed, holstered weapons, and handle the situation appropriately.
They thought he was casing the neighborhood (old car going slow, pulling old, empty trailer with taillights out). Driver with scruffy beard. It’s a dangerous job. I don’t blame them for getting nervous. But Ed did get a laugh (later) about the hands on the wheel bit.
Things may have changed for other states, but in CA, I’m not aware of any changes. Once you admit you have a weapon, legal or not, you are subject to a protective search. Your vehicle is also subject to a protective search. Can you identify anything that conflicts with this?
Though, I think the PC has now changed to 25850(b) now.
Once you admit to it, they can search it. And for the sake of officer safety, at this point you are now in handcuffs while your car is searched. Potentially.
I do not doubt your credentials, though I do not believe you are an officer in CA? I am not well versed in the laws of other states, but for CA, I feel comfortable that my understanding is correct. This is supported by many discussions with gun rights advocacy groups and lawyers in CA.
PC 25850(b) makes no distinction between carrying legally or not. It specifically grants police the power to investigate the legality of the person carrying. Once that determination is made, you are either on your way, or you are arrested, depending on how you are carrying.
The vehicle contact would look like this:
“Do you have any weapons in the car?”
“Yes, I’m transporting a pistol that is in a locked container and unloaded”
“I’m going to need to verify that you are carrying it legally. Exit the vehicle.”
Now a protective search can be conducted on your person and the passenger compartment. If the pistol is being transported in the trunk, they will be able to enter the trunk and verify it. Refusing is PC for arrest.
Though I see it does not apply if you have CCW, which is what this thread is about. Hmm, I never considered that because it’s not possible to obtain where I live. If you do not have a CCW in CA, then what I wrote above applies.
In any event, I’m not admitting having a legal firearm unless required by law.
Exactly. What a large percentage of the public don’t seem to realize is that being pulled over is a pretty formal ritual that the officer has been trained for, and the closest you can conform to their expectations, the better things will go for both of you. This applies even if you don’t have any weapons in the vehicle.
This is particularly true if anything about you or your vehicle gives them cause for concern, or if you happen to encounter a nervous / new officer.
I drive around the country in a rather unusual car. Upon being pulled over, I flip my visor up and keep both hands on the wheel. After the request for license / insurance / registration, it goes something like this:
Me: May I remove my helmet?
Officer: Yes
Me: (after removing helmet) May I exit the vehicle?
Officer: Yes
At that point, I can get my license out of my pocket and the registration / insurance out of the center console, if it progresses that far. Normally they just pull me over to ask about the car. In San Francisco once, they chatted with me for long enough that there was so much rubbernecking that the dispatcher radioed them and told them to wrap it up.
I’ve been pulled over and by the time the officer approached me, he apologized and said “I’m sorry, I shouldn’t have pulled you over. I mis-read your license plate. Have a nice day, sir.” Kid must have been less than half my age.
Anyway, that’s how it usually goes. I’ve been known to goof around if I’m in a weird mood. This is definitely not recommended for others. In this picture you can see a sidewalk cop looking at my car in front of the empire state building. After looking the car over thoroughly (including the obvious temp tag on the back) he asked for license / registration / insurance. I handed him license + insurance and he asked for the registration again. I replied “No, thank you”. This repeated for 2 more iterations before he finally gave up and asked what I meant. I told him I had a temporary tag, and that therefore there was no registration. He handed my paperwork back and told me to move along as I was creating a “security incident” by attracting a crowd of onlookers.
But there is this pesky little thing called the 4th Amendment that applies in all U.S. States and Territories.
“Do you have any weapons in your car or on your person?”
*
“Yes, officer. I’m armed with a Glock Model 23 .40 caliber. I have a valid concealed weapons permit from the Humboldt County Sheriffs Office. Here is the card.”*
**
“I’m searching your entire car, including the trunk.”**
Bzzz! Thank you for playing, “:dubious:fficer”, but you lose!
