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re: is it legal to have gun in car on the seat?

Posted on 2/25/15 at 5:58 pm to
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 2/25/15 at 5:58 pm to
quote:

No, this hasn't changed.
Guy he was asking that of was saying that about Texas. Is it that way in Texas?
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 2/25/15 at 7:24 pm to
Thanks -- my error.
Posted by doliss
Northern VA
Member since Sep 2009
990 posts
Posted on 2/25/15 at 7:37 pm to
quote:

The only time you have to tell a cop about a gun is if you have the gun concealed on yourself and have a cc permit.


That also varies by state. In Virginia I don't ever have to tell an officer i am carrying. If i were to get pulled over and was carrying at the time, i only have to show my CHP if the officer asks for my driver's license. Don't have to give any information away.

That being said I would let that officer know because if he was smart he would have already known that i have a CHP by running my plates before approaching the car. Funny thing is it flags any vehicle plates at the household saying that a resident in that home has a CHP. My wife enjoyed that question one day getting pulled over, "Ma'am are you currently carrying a firearm?" Even though i told her that she never remembered until that day
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 2/25/15 at 7:57 pm to
quote:

That also varies by state. In Virginia I don't ever have to tell an officer i am carrying. If i were to get pulled over and was carrying at the time, i only have to show my CHP if the officer asks for my driver's license. Don't have to give any information away.

That being said I would let that officer know because if he was smart he would have already known that i have a CHP by running my plates before approaching the car. Funny thing is it flags any vehicle plates at the household saying that a resident in that home has a CHP.
dawg, is that how it is in Louisiana too? I know it flags my DL but does it flag every vehicle I would have insurance under at my house, like wife/kids' vehicles in my name?
Posted by doliss
Northern VA
Member since Sep 2009
990 posts
Posted on 2/25/15 at 10:35 pm to
Not exactly sure how it's done back home, but I got that info here from a friend who is on the force here in Loudoun Co.

Edited to add: I know it also shows up as additional info on your drivers license, last DOA ems call i ran I noticed the cad notes listed me as having a CHP when the officer on scene ran my ID for verification/documentation purposes
This post was edited on 2/25/15 at 10:37 pm
Posted by diat150
Louisiana
Member since Jun 2005
43750 posts
Posted on 2/26/15 at 8:04 am to
quote:

That being said I would let that officer know because if he was smart he would have already known that i have a CHP by running my plates before approaching the car. Funny thing is it flags any vehicle plates at the household saying that a resident in that home has a CHP. My wife enjoyed that question one day getting pulled over, "Ma'am are you currently carrying a firearm?" Even though i told her that she never remembered until that day


yeah I am aware of that. Still not going to offer up having a gun in my car to a cop just to do it. whats the point of telling him? should you tell him you have a baseball bat?
Posted by Crawdaddy
Slidell. The jewel of Louisiana
Member since Sep 2006
18433 posts
Posted on 2/26/15 at 8:07 am to
CC while sitting in your vehicle without a CC license. Legal? As long as you don't get out. Right? maybe?
Posted by BoredStateWorker
Member since Feb 2015
132 posts
Posted on 2/26/15 at 8:11 am to
Yes.

Even then there are exceptions... Depending on WHERE you get out.

I disclose depending on where the gun is sitting at the time.
Posted by pdubya76
Sw Ms
Member since Mar 2012
5981 posts
Posted on 2/26/15 at 8:31 am to
I live in SW Miss but work in BR. I work shift so I am on the road early and travel back roads that are empty at 330 in the morning.I keep my handgun at my side for the ride in.

A coworker of mine stopped at a gas station in Baker about three weeks ago at 4am.He had been working a good bit of OT so he got the gas going and got back in his truck.He was sitting there listening to the radio and his drivers side truck door opened.It was a "local" and my buddy drew on him.The local said he just wanted a couple bucks.He told him he better GTFO and he decided that was a good idea.That takes alot of nerve to open somebodies truck door with them in it.He is lucky he didnt get popped. I know:CSB:
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14059 posts
Posted on 2/26/15 at 8:38 am to
From the situation you described your buddy is lucky the guy ran off. If he would of shoot the guy, your buddy would of been facing some charges. No where in the situation you described do I see where his life was in danger.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 2/26/15 at 8:39 am to
quote:

dawg, is that how it is in Louisiana too? I know it flags my DL but does it flag every vehicle I would have insurance under at my house, like wife/kids' vehicles in my name?

If you're carrying concealed in LA, you're required to notify a LEO anytime he approaches you in an "official manner." Failure to do so can result in a fine and the suspension of your permit.

The confusion arises regarding having a gun in your vehicle. The opinions I've garnered say that's not "concealed carry" any more than carrying in your home is "concealed carry."

If you're pulled over while driving, and the LEO asks if you have guns in the vehicle (he'll probably already know that you have a permit), you should be truthful. He'll be upset if he finds out that you lied. To my knowledge there is no legal sanction associated with lying to a LEO about something like this, but I don't think there's any good reason to lie to a cop about this.

As far as having a gun on the seat, there's no LA prohibition against this. Common sense, however, would suggest that you have it secured so that (a) it's out of sight of thieves and (b) it's where you want it to be if you suddenly need it -- for example, it likely won't remain on the seat after suddenly applying the brakes or after you're forced into a ditch during a "road rage" incident.
Posted by pdubya76
Sw Ms
Member since Mar 2012
5981 posts
Posted on 2/26/15 at 8:48 am to
I agree.I was just sharing a story. In that case it was not life threatening and he likely would have had some legal issues.If he tried to get in the truck is that ok to use force? If someone comes in your home you can defend yourself.Isnt your vehicle an extension of your home? I keep my gun close when I am stopped and I get in my truck when Im pumping gas in the early morning and lock the doors.You never know what some of these thugs will do these days.
Posted by BrotherEsau
Member since Aug 2011
3506 posts
Posted on 2/26/15 at 8:58 am to
You can use deadly force to prevent a forced entry into your car, if you're in it, just like with your home. AKA "Shoot the Carjacker" law. It's all about what the armed individual in the car reasonably believes is necessary to prevent the forced entry. Some bum walking up unannounced and opening your truck door could certainly be a forced entry. It's a place he's got no right to be. Doesn't matter the door was unlocked. How was your friend supposed to know he only wanted some bucks and not to shoot him and take his truck?

An old buddy of mine's wife story - back in the 90's, there were a lot of smash and grab robberies at red lights in nola. She was on Claiborne at a red light. Dude ran up, smashed her window and leaned in to take her purse. She shot him with the .38 she kept handy when driving at night. I don't remember if the guy died. No charges. This was either right after shoot the carjacker or right before and it was then introduced to protect people in that situation. Can't recall which.
Posted by diat150
Louisiana
Member since Jun 2005
43750 posts
Posted on 2/26/15 at 10:13 am to
quote:

If you're pulled over while driving, and the LEO asks if you have guns in the vehicle (he'll probably already know that you have a permit), you should be truthful. He'll be upset if he finds out that you lied. To my knowledge there is no legal sanction associated with lying to a LEO about something like this, but I don't think there's any good reason to lie to a cop about this.


why is it any of his business what I have in my vehicle, as long as it is not illegal?
Posted by BrotherEsau
Member since Aug 2011
3506 posts
Posted on 2/26/15 at 10:20 am to
quote:

why is it any of his business what I have in my vehicle, as long as it is not illegal?


It's not really, but they often ask. I think they may be entitled to ask for "safety" but I could be wrong.

I was always told to tell them if you have one in the car (assuming you're legal). I don't honestly know who told me that, perhaps cops I was frineds with or hung out with occasionally in bars (holy shite those guys party).

The few times I've been stopped with a gun in the car, I've told them. They were always very appreciative that I told them, and all three times, let me go with no ticket. One of those times, I was speeding, had no proof of insurance, no brake tag and no registration. Long story, but I explained it to the cop, and he sent me on my way, after clearing my gun and unloading it.
Posted by doliss
Northern VA
Member since Sep 2009
990 posts
Posted on 2/26/15 at 11:00 am to
I have a respect for what cops do on a daily basis. I volunteer with a local EMS agency where I live and find myself shoulder to shoulder with officers almost every shift.

It's a personal preference that I would want if I was in the officer's situation. I offer that respect to them and it is well received. Have never received a ticket here in VA since I moved here. Having my county sticker in the back window as well as EMS plates helps a bit, but I don't act like an arse just because I'm not required to volunteer information to them such as being armed at the time if they don't ask
Posted by diat150
Louisiana
Member since Jun 2005
43750 posts
Posted on 2/26/15 at 12:57 pm to
quote:

I have a respect for what cops do on a daily basis. I volunteer with a local EMS agency where I live and find myself shoulder to shoulder with officers almost every shift.

It's a personal preference that I would want if I was in the officer's situation. I offer that respect to them and it is well received. Have never received a ticket here in VA since I moved here. Having my county sticker in the back window as well as EMS plates helps a bit, but I don't act like an arse just because I'm not required to volunteer information to them such as being armed at the time if they don't ask


You telling the cop you have a gun in your car does absolutely nothing. Do you also tell him you have a kitchen knife, bat, tire tool, etc?
Posted by BoredStateWorker
Member since Feb 2015
132 posts
Posted on 2/26/15 at 1:35 pm to
Exactly.

Not to mention while the handguns move around the vehicle, the Mossberg on the ceiling is where the real shock factor is.

Gun magnets are just too fun.
Posted by Bassassin
Baton Rouge
Member since Oct 2013
27 posts
Posted on 2/26/15 at 7:54 pm to
quote:

May save you a ticket...


I always disclose when I get pulled over, and got out of a speeding ticket once for doing so . The officer asked if he could take possession of my gun during the stop to ensure his safety, to which I agreed. When he came back from his vehicle I noticed he no longer had a ticket book in his hand. He complimented the aftermarket night sights I had on the gun, and told me to slow down and have a nice day.

Admittedly, not all of my stops go quite as well as this, but I will say that I have yet to be in a situation where telling the cop about the firearm in my vehicle has made the situation any worse.
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 2/26/15 at 8:01 pm to
quote:

If you're pulled over while driving, and the LEO asks if you have guns in the vehicle (he'll probably already know that you have a permit), you should be truthful.
I understand all that. My question is about how they know. From my DL or vehicle plate. For example, what if my wife is driving my truck and gets pulled over. He could be thinking she has one. Especially if my name is one that could be used for either gender.
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