when cops ask for firearm?

by SHANE704 on Wed Mar 03, 2010 10:45 am

If you get pulled over and the cop asks you if you have any firearms in the truck or on you, I can understand if you have one on you it would be best to go ahead and tell him but if there is one under the seat, you have the option of tellin the truth or just saying no. My question is my buddy got pulled over the other day and when the cop asked...he said yeah there is one in here, the cop then told him to hand it to him, is this legal? are you required to give all the guns in the truck? also do they have to have a reason to run the serial numbers on a gun?

by **Xd357** on Wed Mar 03, 2010 10:56 am

SHANE704 wrote:If you get pulled over and the cop asks you if you have any firearms in the truck or on you, I can understand if you have one on you it would be best to go ahead and tell him but if there is one under the seat, you have the option of tellin the truth or just saying no. My question is my buddy got pulled over the other day and when the cop asked...he said yeah there is one in here, the cop then told him to hand it to him, is this legal?You are not required to tell them. Now if you have a MFP they will know when they run your DL are you required to give all the guns in the truck? No also do they have to have a reason to run the serial numbers on a gun?No

by SHANE704 on Wed Mar 03, 2010 1:33 pm

what would be the tactful way of saying that I dont feel the need to give you all my guns

by 94LEVERFAN on Wed Mar 03, 2010 1:38 pm

I would tell him he's gonna have to make 2 trips. He can't tote em all in one trip!

by y8urp on Wed Mar 03, 2010 1:43 pm

Where did this happen? In some areas of the state LEOs have little or no training while permitted to perform the job for up to one year. If designated parttime they are required to receive less training than fulltime LEOs. This can result in either not knowing the law or being uncomfortable performing a job you have no training for. A very few others just like to "be in control" regardless of what the law says. This might explain the LEOs actions. Your friend should go to the chief and tell him what happened and ask for an explanation.

by TheGreatGonzo on Wed Mar 03, 2010 1:49 pm

y8urp wrote:Where did this happen? In some areas of the state LEOs have little or no training while permitted to perform the job for up to one year. If designated parttime they are required to receive less training than fulltime LEOs. This can result in either not knowing the law or being uncomfortable performing a job you have no training for. A very few others just like to "be in control" regardless of what the law says. This might explain the LEOs actions. Your friend should go to the chief and tell him what happened and ask for an explanation.

Unless there has been some very recent change in the law, "part time" or "Reserve" officers in MS have the exact same training requirements (both initial and in-service) as full-time officers. The old days of untrained Reserves and part-timers is long gone.

You are spot on about MS state law allowing agencies to hire and work new officers for up to a year before sending them to the Academy. Heck, I think it used to be 2 years. Most agencies have gotten away from this because of the obvious liabilty issues. There are still a few small agencies, however, that seem to want to engage in the practice.
Gonzo

by mhead on Wed Mar 03, 2010 1:50 pm

I'm curious about this also . What does the law say about a cop askin for your gun or askin if you have one ? Are you required to tell them that you are carryin if they don't know ? I have been pulled over a couple of times with a truck load of guns during hunting season and the leo didn't even mention them ( he just gave me a ticket and rolled out ).I can understand if a leo wants to know if there are weapons in the car but I would like to be clear on the laws .

by **bubbat** on Wed Mar 03, 2010 2:14 pm

TheGreatGonzo wrote:
You are spot on about MS state law allowing agencies to hire and work new officers for up to a year before sending them to the Academy. Heck, I think it used to be 2 years. Most agencies have gotten away from this because of the obvious liabilty issues. There are still a few small agencies, however, that seem to want to engage in the practice.
Gonzo

I think your right about it used to be 2 years, I always wonder why the small town I lived in the Delta had so many officers from Northern states, one moved in next door to me and we became friends and I asked why did he come to Mississippi to be a police officer.

He said he could work 2 years and not have to go the Academy here then when the 2 years up he could go back home and not have to go the the Academy there because of his 2 yrs experience here. He said 75% of all the officers on the force from out of state would be gone when they put 2 yrs in. Some would stay and go the Academy because they liked here and were going to stay.

They were working the system to their advantage, but sure were alot of untrained officers.

by TheGreatGonzo on Wed Mar 03, 2010 2:21 pm

bubbat wrote:
TheGreatGonzo wrote:
You are spot on about MS state law allowing agencies to hire and work new officers for up to a year before sending them to the Academy. Heck, I think it used to be 2 years. Most agencies have gotten away from this because of the obvious liabilty issues. There are still a few small agencies, however, that seem to want to engage in the practice.
Gonzo

I think your right about it used to be 2 years, I always wonder why the small town I lived in the Delta had so many officers from Northern states, one moved in next door to me and we became friends and I asked why did he come to Mississippi to be a police officer.

He said he could work 2 years and not have to go the Academy here then when the 2 years up he could go back home and not have to go the the Academy there because of his 2 yrs experience here. He said 75% of all the officers on the force from out of state would be gone when they put 2 yrs in. Some would stay and go the Academy because they liked here and were going to stay.

They were working the system to their advantage, but sure were alot of untrained officers.

A really bad situation. If I recall correctly, when the law was changed from 2 years to 1 year, many small towns and rural counties fought it based on the claim that they could not always afford to send newly hired officers to the academy right away. My thoughts? Can you afford the multi-million dollar law suit that results when an untrained officer hurts or kills an innocent citizen, another officer, or even himself? At least one officer who was killed in the line of duty in MS (back in the mid-90's) was working with no academy training. He was shot to death on a traffic stop. A couple of years ago a Police Officer up in the Delta somewhere (Greenwood or Greenville, maybe) was caught on video choking a student. There was some question whether or not the use of force was justified either way, but if I recall correctly, the officer in question has not yet been to the academy. Don't hold me to that, however, because I'm working off of memory. Putting uncertified Police Officers/Deputy Sherrifs on the street alone is, in my opinion, a very, very dangerous practice.
Gonzo

by y8urp on Wed Mar 03, 2010 2:44 pm

I may be wrong but I do believe some (volunteer) Reserve Deputies have fewer hours of training than regular Deputies. I inquired into this a couple of years ago and that is what I was told. That may have changed since. Inadequately funded agency budgets usually prevent LEOs from getting training in a prompt fashion - particularly in small Mississippi towns with a lot of low- or welfare-income citizens. I know this from personal experience.

by **Hammer** on Wed Mar 03, 2010 2:52 pm

by Subsonix on Wed Mar 03, 2010 9:18 pm

I know you do not have to declare, but if I am asked directly by the officer, I am always going to be truthful.

As far as handing the gun(s) over....hells no.

Should women hand over their purse so the officer can look through it? NO! That falls into the category of illegal search/siezure. Same thing goes for ANY personal property in your car.

They are going to need probable cause and me in cuffs if they want to look at the goods. It is none of their business!

Where was this?

by SHANE704 on Thu Mar 04, 2010 5:00 pm

ellisville but ive heard of it happening several other instances

by Big Ric on Fri Mar 05, 2010 7:48 pm

correct me if I'm wrong. but don't the law now state that your car is an extention of your home and you are allowed to have one in your car..

by 3spop on Fri Mar 05, 2010 7:55 pm

Big Ric wrote:correct me if I'm wrong. but don't the law now state that your car is an extention of your home and you are allowed to have one in your car..

we are "allowed" to have one or an entire arsenal in our car. One of the good things about our state. I went through a road block once on the way to go shoot. I had 5 or 6 guns and a couple of the cops saw some of them. They jokingly asked me WTH I was fixing to get into? I just told them you can never have too many. They agreed.

by msredneck on Fri Mar 05, 2010 8:00 pm

Your car is considered part of your domicile....You don't need a permit to have it in the car....You are not breaking any laws...at least in MS

A lot of officers will ask you this question just to see a how a person reacts...possibly prompting further questions...

IF asked do I have one...Yep.....Have never been asked to produce it...Why would they ever ask? IDK

You could just say....Show me yours...and I'll show you mine.... Very Happy

Maybe that aint such a good idea

by Mississippian on Sat Mar 06, 2010 3:15 pm

Has anyone ever been asked to hand over their weapon to a LEO? I've done a few ride-alongs with the local Sheriff's dept and once while at a stop, the driver handed the officer his DL along with his Ms Firearms Permit and the officer just handed the permit back to driver saying he didn't need to see it... No questions what so ever about what, where or why he was carrying.

The only time I saw an officer remove a gun from a vehicle is once during a traffic stop, the officer (and later myself) were able to smell a strong oder of marijuana coming from the vehicle, before he searched the vehicle, the driver told him there was a revolver in the g/b. The officer took the revolver, unloaded it and then ran the serial number. No m/j was found and apparently everything else checked out ok, because they cut the guy loose... Oh, he was pulled over for having an expired tag, but it was only about a month out so they didn't ticket him, just a warning, so if you're gonna drive and "partake", make sure your tag is up to date. Wink

by Subsonix on Sat Mar 06, 2010 3:36 pm

Mississippian wrote:Has anyone ever been asked to hand over their weapon to a LEO?

I have. A friend and I had been shooting at his place and the crazy neighbors across the street called the coppers. I assume they thought we might have been killing someone for 2 hours, IDK. 2 Sheriff's deputys show up in 2 cars(one with a german shep) and ask for ID. No problem. I had my ultrastar on my hip and he asked what kind it was. I told him and he asked if he could see it. (like a fool) I said ok and as I started to take it out to clear it, he said to just take the whole holster out. I did, he cleared it and stuck it in his back pocket! Small talk about guns and shooting for a few minutes waiting on dispatch. My clean record and firearms permit comes across the radio and he handed the pistol and mag back over and said to have fun. I guess I looked dangerous that day, lol!

edit*
Next time I'm going to do like 'neck suggested and ask to see theirs. Not in a traffic stop, though. The side of the road is no place for show and tell. Some idiot on a cell phone is likely to wipe us both out!

by ree_countrygirl on Wed Mar 24, 2010 11:00 pm

ok, so i dont have a ccw, not old enough yet, but b/c of castle law i can keep a gun in my truck for personal protection. do i have to tell him/her i have it?

by 94LEVERFAN on Thu Mar 25, 2010 7:43 am

I wouldn't lie to them, but I sure wouldn't VOLUNTEER any info unless specifically asked. My .02.

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