Pulled over with handgun in glove box

Originally Posted by S&WM&P40

What grounds did you have the right to search the car?? I hope your not going to say because he had a gun? I will be polite to a officer who gives it first if they walk up like they are hot Sh*t then i will return it right back to them. I love how some LEO walk around thinking they are the only ones who have a right to carry a gun. You always get "Why do you carry a gun" Or "Why would you want to carry a gun".

If the guy didn't declare the gun he was sitting on, there is enough suspicion to warrant further investigation. It seems like some people have a problem with authority figures, and also an attitude problem. LEOs have the authority to stop you and decide if you are a security risk on the spot. You can either help them out and get an easy ride, or be a smart-a** and let them use their "authority."

I respect LEOs, and act that way when approached by them. In return, I have had no bad experiences with any of them. Matter of fact, I have deserved several tickets that were not written because I was cooperative and courteous to the officers and produced my license, insurance and registration when asked. I'm sure there are some smart-a** LEOs out there, but if you start the encounter with an attitude, don't expect them to be respectful, either.

[Lee Enfield]

Right, I realize it does not have to be registered. I'm just wondering what the standard procedure is if you're pulled over with a gun not registered to you--whether the LEO is authorized to confiscate it or if it's not treated any differently. I've heard the general recommendation is only to carry guns which are registered to you, but I don't know if there's any truth to the matter.

[wolfhunter]

In states that do not register handguns, a check of the serial number would only reflect a report of the weapon being stolen or somehow linked to a crime.

[tattedupboy]

Originally Posted by Lee Enfield

Right, I realize it does not have to be registered. I'm just wondering what the standard procedure is if you're pulled over with a gun not registered to you--whether the LEO is authorized to confiscate it or if it's not treated any differently. I've heard the general recommendation is only to carry guns which are registered to you, but I don't know if there's any truth to the matter.

That's easy. Don't travel with a gun that's not registered to you or that you're not the legal owner of.

[gdcleanfun]

Originally Posted by gpbarth

If the guy didn't declare the gun he was sitting on, there is enough suspicion to warrant further investigation. It seems like some people have a problem with authority figures, and also an attitude problem. LEOs have the authority to stop you and decide if you are a security risk on the spot. You can either help them out and get an easy ride, or be a smart-a** and let them use their "authority."

I respect LEOs, and act that way when approached by them. In return, I have had no bad experiences with any of them. Matter of fact, I have deserved several tickets that were not written because I was cooperative and courteous to the officers and produced my license, insurance and registration when asked. I'm sure there are some smart-a** LEOs out there, but if you start the encounter with an attitude, don't expect them to be respectful, either.

gp, I agree. That was my first thought, why did the fellow say he had a gun under the seat rather than saying he had multiple firearms and a cc? The first firearm that an LEO sees that they aren't told about is cause for search for more, according to my buddy in the LAPD, Rampart Div.

I, too, had a few opportunities to be given tickets, mostly because sometimes I do the incorrect thing when I drive. Sometimes, don't we all?

For instance, I drove onto a freeway offramp, the signs were so confusing at the Bandini and Atlantic intersection w/ the 7 (now 710) freeway! I backed down and went down a side street to come back and try it from a different direction. An LEO saw me, I knew he saw me even tho he had another car already pulled over, so when he hit his lights I just pulled over and waited. He consequently didn't run a red light before he pulled up behind me and he didn't give me a ticket, and he said that I'd done the right thing by trying to approach it another way, and that he'd seen semi trucks to the same thing and that I was really lucky not to have been hit. Just dumb luck on my part, there was light freeway traffic on a Sunday afternoon. I was such an naive and inexperienced driver than when I asked the LEO if he was going to give me a ticket for reckless driving, he laughed and said, "Nah, we arrest for reckless driving!" I about had a "cow!" lol

Another time I turned left on a red. The arrow was out and I never saw the red on the side. I saw the lights behind me and I just pulled over and parked, I knew he was going to pull me over because there was not another car in sight on the gravel side road I pulled onto near Corrigonville in Simi Valley where they used to shoot a lot of spaghetti westerns. I had 2 Real Estate clients in the car with me. Talk about embarrassing!

Both times I "Yes, sir'd" and "No, sir'd" every question I was asked. I was just given warnings both times. I really hesitate to make waves at all. I've never even had a traffic citation in my more than 35 years of driving. So, I'm a big fan of being polite and it's helped get me out of these two really embarrassing driving situations.

[Red Hat]

Originally Posted by Lee Enfield

Right, I realize it does not have to be registered. I'm just wondering what the standard procedure is if you're pulled over with a gun not registered to you--whether the LEO is authorized to confiscate it or if it's not treated any differently. I've heard the general recommendation is only to carry guns which are registered to you, but I don't know if there's any truth to the matter.

You answered your own question. We don't register firearms in SC so an LEO can't confiscate your firearm unless it was stolen. They have no idea who the firearm was sold to by an FFL so they can't put a name with the firearm. A lot of my firearms were purchased by FTF private sales and I carry them without any worry what so ever. Some people rather buy a private sale (no questions asked) firearm than from an FFL since there is no paper trail.

EDIT: After thinking about it a few minutes I think I see where you are getting confused. The federal form you fill out at your gun dealer is not a registration form per-say. The way it works is the Manufacture or importer sells the firearm to a wholesaler. The wholesaler sells the firearm to you gun dealer. The gun dealer sells it to you. Each one keeps the record of sale for as long as they are in business. No copies go to the BATF unless the gun dealer is using the BATF software for electronic records. If they need to find out who bought the firearm they go through each seller until they reach you. You may or may not own the firearm when they contact you. It's not illegal to sell your firearms and you are not required to keep any records of sale by Fed or SC law. You may sell your handguns or long guns to anyone legal to own one as long as they are 18 under SC law. Fed law requires a dealer to only sell to people 21 and over.

[maybejim]

It depends on where you are. Kalifornia registers handguns. All handgun sales have to go through an FFL and have to be registered with the state. I just got a gun from my son in Idaho and had to pay $19 to register it with Kalifornia. I basically only did that because if I get my Kalifornia CCW renewed this year, I want to put the new gun on it (and drop the P220 since I never carry it).

[Debray]

Good morning Lee

I got stopped by the local Sheriff Deputy a couple weeks ago. I pulled over wound down the window and placed my hands on the steering wheel. I did not have the carry with me.
When he approached he asked if I knew why he stopped me, I asked if I had been speeding he said "No, my licence plate light was out."
I than gave him my drivers licence, registration, and insurance card, he went back to his vehicle.
When he returned he asked if I was carrying, I said No.
He asked why I didn't announce I had a carry permit.
I told him that was not a requirement in Ohio to announce unless I have a concealed carry.
He disagreed and said I should have to be courteous to the officer.
He gave me a warning ticket, and I told him I would announce the next time just to be courteous, but I also felt he should review the Ohio concealed carry law requirements.
Debray

[Glockster20]

Originally Posted by S&WM&P40

What grounds did you have the right to search the car?? I hope your not going to say because he had a gun? I will be polite to a officer who gives it first if they walk up like they are hot Sh*t then i will return it right back to them. I love how some LEO walk around thinking they are the only ones who have a right to carry a gun. You always get "Why do you carry a gun" Or "Why would you want to carry a gun".

I think gpbarth and gdcleanfun answered your questions in their posts. It sounds like you have had some negative encounters with LEO's. For the record, I just want to state that we are not all a$$ holes. That situation could have turned ugly really fast. He said his gun was "under" the seat. He did not say that it was right under his thigh on his strong hand side. Besides, we have been having a big problem with armed robberies in the area where we stopped him.

For the record, I have absolutely have no problem whatsoever with responsible law abiding citizens having firearms. In fact I encourage it. We need all the help we can get!

[Lee Enfield]

Originally Posted by wolfhunter

In states that do not register handguns, a check of the serial number would only reflect a report of the weapon being stolen or somehow linked to a crime.

So basically as long as the gun is not stolen and hasn't been used in the comission of a crime, it's not treated any differently whether it's registered to you or not?

Originally Posted by tattedupboy

That's easy. Don't travel with a gun that's not registered to you or that you're not the legal owner of.

Right, but being as it is possible to be the legal owner of a handgun which is not registered to you, what happens then?

Originally Posted by Red Hat

You answered your own question. We don't register firearms in SC so an LEO can't confiscate your firearm unless it was stolen. They have no idea who the firearm was sold to by an FFL so they can't put a name with the firearm. A lot of my firearms were purchased by FTF private sales and I carry them without any worry what so ever. Some people rather buy a private sale (no questions asked) firearm than from an FFL since there is no paper trail.

EDIT: After thinking about it a few minutes I think I see where you are getting confused. The federal form you fill out at your gun dealer is not a registration form per-say. The way it works is the Manufacture or importer sells the firearm to a wholesaler. The wholesaler sells the firearm to you gun dealer. The gun dealer sells it to you. Each one keeps the record of sale for as long as they are in business. No copies go to the BATF unless the gun dealer is using the BATF software for electronic records. If they need to find out who bought the firearm they go through each seller until they reach you. You may or may not own the firearm when they contact you. It's not illegal to sell your firearms and you are not required to keep any records of sale by Fed or SC law. You may sell your handguns or long guns to anyone legal to own one as long as they are 18 under SC law. Fed law requires a dealer to only sell to people 21 and over.

I understand the registration process and what the paperwork is for. What I am not sure of is what happens when you are pulled over with a gun not registered to you, like one inherited or bought through a private sale from a non-FFL dealer--meaning that:

-you are the legal owner
-the gun has not been used in a crime
-the gun is not stolen

but you have no way of proving any of this.