Inform the officer or not when concealed carry? - Page 56
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Thread: Inform the officer or not when concealed carry?

  1. Quote Originally Posted by Rich7553 View Post
    If an individual is pulled over for a traffic stop, the presence of a legally carried firearm is not probable cause for the officer to run the serial number.

    Arizona v. Hicks (Supreme Court of the US, 1987)
    Yet in about 90% of cases that people have told when a police officer has disarmed them "for officer safety", they HAVE run the serial numbers. Their justification (which I think is crap) is that the serial number comes into plain sight once the gun is removed from the holster. Unfortunately, I cannot be a test case for this, because I carry a Taurus PT-145 which has the serial number plastered on the back strap, plainly visible even when the holster.

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  3. #552
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    NavyLT:
    re: "for officer safety" is the cover-all for circumventing that pesty constitutional thing - they play the card for practically everything.

  4. #553
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    B2Tall:
    lol! thx

  5. The first thing any legal adviser will tell you is to not even talk to a cop. 5th Amendment is there for you! Say nothing other than to answer a direct question unless it would incriminate you. Yes, No that's it!

    You go ahead and spill your guts to them. I will use yes and no!!

    I have nothing to hide but am smart enough to keep my mouth shut. Take the ticket and leave. I need not thank anyone for a ticket and will not! That is shear sheeple mentality and what the schools ingrain in the younger sheeple.

    No malice intended just an opinion

    you all have a great day sirs and mams

  6. Quote Originally Posted by NavyLT View Post
    Yet in about 90% of cases that people have told when a police officer has disarmed them "for officer safety", they HAVE run the serial numbers. Their justification (which I think is crap) is that the serial number comes into plain sight once the gun is removed from the holster. Unfortunately, I cannot be a test case for this, because I carry a Taurus PT-145 which has the serial number plastered on the back strap, plainly visible even when the holster.
    Test case? Why would you need to be a test case? You don't need to be arrested. The serial number of your firearm only needs to be checked by the officer and you need to be able to prove that. You can then file a formal complaint and sue under the deprivation of rights under color of law.
    Rich - MSgt, USAF, Ret.
    Want to accomplish something for your gun rights?
    PITCH IN, QUIT B*TCHIN'

  7. #556
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    Quote Originally Posted by Rich7553 View Post
    If an individual is pulled over for a traffic stop, the presence of a legally carried firearm is not probable cause for the officer to run the serial number.

    Arizona v. Hicks (Supreme Court of the US, 1987)
    But they do it all the time
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  8. #557
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    The thing that really amazes me about this topic is the number of people posting in "I don't know what my state requires." I've had one guy send me a PM stating that CRS 18-12-204 specifically requires that I inform (It doesn't) When I pointed that out to him he countered 'Well, my JAG lawyer said it was a good idea"

    Am I the only one who made a point of reading the statute that covers concealed carry for my state?
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  9. #558
    Quote Originally Posted by Treo View Post
    The thing that really amazes me about this topic is the number of people posting in "I don't know what my state requires." I've had one guy send me a PM stating that CRS 18-12-204 specifically requires that I inform (It doesn't) When I pointed that out to him he countered 'Well, my JAG lawyer said it was a good idea"

    Am I the only one who made a point of reading the statute that covers concealed carry for my state?

    Also an issue in the "mandatory classes" some states have...where the instructor says "this is what you do..." without mentioning whether he is stating law or opinion. Most of the students in these classes are newbies...and will take what the instructor says as gospel/law.

    I am very familiar with PA's gun laws...and if i don't know an answer I know right where to go to find it...

  10. Quote Originally Posted by Rich7553 View Post
    Test case? Why would you need to be a test case? You don't need to be arrested. The serial number of your firearm only needs to be checked by the officer and you need to be able to prove that. You can then file a formal complaint and sue under the deprivation of rights under color of law.
    Except that when carrying my gun, I would not be deprived of my rights, because my serial number is in plain sight when in my holster on my body. Just like your license plates on your car are. Are you deprived of your rights if a cop runs your plates just for the heck of it? The court case for running the serial number of the gun would have to center around the officer taking action (removing the gun from the holster) in order to obtain the serial number to run, just like in Arizona v. Hicks - the officers had to move the stereo to get to the serial number.

    Unfortunately for me, they don't have to move anything to see the serial number. I would use this as an excuse to get a new gun, but I can't afford one right now!

  11. #560
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    Quote Originally Posted by mrjam2jab View Post
    Also an issue in the "mandatory classes" some states have...where the instructor says "this is what you do..." without mentioning whether he is stating law or opinion. Most of the students in these classes are newbies...and will take what the instructor says as gospel/law.
    But, (IMO) regardless of what that instructor says it is still incumbent upon you (in the generic sense) to study and know your state's laws on concealed carry and use of deadly force.

    Having said that, I assume from your post that you agree. My response was more for the lurkers
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

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