concealed

If you get pulled over for whatever reason and you have a pistol and tell the cop, but you also have a concealed pistol licence does he/she have probable cause to search the car on the fact that you have the pistol alone?

 

1st step is not to get pulled over. :rolleyes:

in OH i've been asked to step out of the car while the officer looked through it, "secured" my firearm while we were stopped, then gave it back when i went on my way.

this was at a dui checkpoint labor day of last year coming into town from work. other than that, never been pulled over since i got my ccw, so i wouldn't be able to tell you.

 

I'd find a lawyer familiar with the laws of your state. My instinct would be..........No.

 

absolutely NOT! you didnt consent did you? if not get a lawyer.

 

Depends of what state you are in. In NC, if the owner of the weapon is a CCW holder, the he doesn't have to say anything to the officer in the event he gets stopped. If he is not a CCW holder, then put the weapon in plain view, hands on the steering wheel, and immediately inform him/her that you have a weapon. Citizens can legally carry open in NC. In some states, once they run your tag, they will know already that you have a CCW.

 

No I did not consent, but I was smoking a cigarette and he said he smelt weed. So now I'm in cuffs while they check the pistol and the car. But to no avail they didn't find a thing as to why I'm able to write this post and most time im into it with the law im stereotyped so I contribute it to that.

 

From the Oklahoma Self Defense Act handbook...."Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed."
"It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun persuant to the authority of the OKlahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer."

 

NO, you dont have to tell them you have a CCW. ITs a courtesy but you are not required to. Doing so in no way gives them the right to search your vehicle. They have to have consent or probable cause. Shoot (no pun intended) your the one who has gone out of your way to follow the law, be responsible and get a license. Thats definitely not probable or just cause to search your vehicle.

 

It just depends on the laws where you live. In Oklahoma, it is law that you have to tell them. If you are in the gas station and have verbal contact with a cop, such as a hello, you have to tell them.

 

Thanks to all whom replied, I use to live in Augusta, GA great place I might add, and they had the same plain view law as NC. But I (temporarily) live in WA State and its pretty easy to get CPL (Concealed pistol licence) but once you do and get stopped the powers to be will screw wit you. But I'm going back to the South forever first chace I get and then I can ride with my AKatie.