Hog Hunting Scenario

[PIGIG]

you are driving down the road adn officer pulls you over, your sidearm is in it locked case no mag in the gun. the officer asks you( Do you have any wepons in the car!)

I have had them ask everytime what do you say YES/NO if it is yes how long does it take to get your ticket and be on your way

 

[myfriendis410]

Locked in a case with no ammo, no problem! Any ammo within reach, trouble!

 

[BrysonHesperiaResort]

I think it totally depends on the cop and how well he knows the laws, and how nervous he is about pulling someone over and finding a handgun, or a rifle for that matter. Some of them are pretty green... especially the ones from the cities who are "transplanted" into our rural hunting areas. Those cops really seem to forget about the hunters. They think everyone carrying a gun is about to commit a crime or something.

I'm sure you know all this but here's what I learned...
The handgun must be in a locked case with your ammo in another (preferably) locked location. Out of reach from each other. So you couldn't reach the handgun and the ammo at the same time, is what they say.


I've seen where they run weapons checks, search the vehicle and run a check for warrants. A little time consuming. About 4 hours.

 

[PIGIG]

<div class='quotetop'>QUOTE (BrysonHesperiaResort @ May 7 2008, 06:11 PM) <{POST_SNAPBACK}></div>

I think it totally depends on the cop and how well he knows the laws, and how nervous he is about pulling someone over and finding a handgun, or a rifle for that matter. Some of them are pretty green... especially the ones from the cities who are "transplanted" into our rural hunting areas. Those cops really seem to forget about the hunters. They think everyone carrying a gun is about to commit a crime or something.

I'm sure you know all this but here's what I learned...
The handgun must be in a locked case with your ammo in another (preferably) locked location. Out of reach from each other. So you couldn't reach the handgun and the ammo at the same time, is what they say.


I've seen where they run weapons checks, search the vehicle and run a check for warrants. A little time consuming. About 4 hours.[/b]

that is my point the 4 hour thing, when they ask me if i have any wepons i claim my bow, they say that is not a wepon. i have just recently strated to carry a handgun and was wondering how long the wait time is after you declare a handgun in yor truck.

 

[Flatbroke]

I used to be able to get you on your way in less than 15-20 min which by the way is the approximate amount of time it takes an average officer to write a ticket or complete the field interview info.

 

[Flatbroke]

4 hours for a traffic stop is way too excessive, even to search a vehicle and occupants. I cant imagine what would have taken that long even in the furthest, most rural part of the county.

 

[Speckmisser]

There's never really a question if I get stopped in the Tactical vehicle. Rifles are usually in plain sight. Hand cannon is either in the case, or locked in the camper safe.

Never had a negative run-in, though. I always sweat it, figuring I've forgotten or overlooked some stupid technicality, but it hasn't jumped up and bitten me yet and I haven't had them do a search just because I have firearms in the vehicle. They have asked if they're loaded, and I always answer in the negative. That's been the extent of it.

 

[Rancho Loco]

I drive like a granny - I never get pulled over.

But Chopper busted me pretty good.

 

[Rancho Loco]

But if I did get pulled over and asked, I would tell the truth - "yes" with both hands on the wheel, and tell them where it was. Then go from there.

 

[hatchet1]

i agree, never had a problem with the stopping and declaring my guns, they ask if they are loaded ,
i say not yet, they say have a great hunt, i did however get cuffed and stuffed while i was bowhunting back in the 80,s, but it was probably for playing to much loud metal in the residential
area i was in and the fact that it was 3am and i had face paint on

 

[superduty]

Over an hour detained for me and my girlfriend at the time in Irvine. The sig was on the back seat in plain view with the slide locked open and clip out making it as obvious as possible that it was unloaded just by looking at it. The clip was locked in the trunk not accessible. I told him as he approached that I had a gun on the back seat in plain view unloaded and safed off while the clip was locked in the trunk. We kept our hands in plain view as he thanked me and said don't move. He called for backup but the other officers took too long so he finally told me he was going to reach behind us through the window and grab the gun. He then placed it ontop of the vehicle untill the backup arrived. They removed us from the vehicle and searched us and the car. They ran the gun, hit on my girlfriend, and finally let us go forgetting to issue the ticket for the illegal left she had made. If the gun wasn't visible and asked I'm sure I would have donated the time and told him yes we had weapons in the vehicle.

 

[Cold1nhand]

I have been stopped several times while carrying one of my guns. When asked I always gave the truth, yes. I never volunteered the info that I had one. When I was asked and replied yes it only added a few minutes to my stop. They would run the numbers and make sure I wasn't a convicted felon in possesion of a firearm. I would say on the average it only added about 15 minutes to my stop. Most important thing to remember if asked about a weapon is to keep your hands on the wheel, should you have one. Don't lie because that can only get you into trouble.

 

[Rick]

I haven't been asked. I do usually have one, though, since I have a CCW. (Any police officers here? Does my CCW show up when they run my DL#?)

 

[Common Sense]

Been stopped a couple of times and asked if visible rifle/shotgun was loaded; always answered nothing in the chamber. When asked if I had any other guns, I tolds them I had a CCW and was carrying. They never asked to see the pocket rocket or CCW or checked to see if the long guns were loaded.

 

[Flatbroke]

Rick, I am not a police office, but your CCW does not show up when your drivers license is run.

 

[jackrabbit]

In all my years of hunting and transporting firearms in the process, the only crappy scenarios I encountered were with LEO's that not only may not have been up to speed with both penal code and fish&game codes for the specific area, but really just wanted to throw in a little harassment for whatever reason. Really did not have many of those instances, but I do remember a couple when I was in SoCal. One was in the high desert just east of Victorville when we were finished hunting rabbits and were just packing up our camp, which was illegally set up on private property (abandoned home, all trashed for years). LA Sheriff was called by a homeowner about a mile away who seemed to hate hunters. LEO's snuck up on us across the sand in the dark and did the routine -- on your knees, hands on head, check for weapons, check all the firearms for serial number checks, etc. The only real issue was that one of the LEO's absolutely refused to stop covering us with his shotgun after we were all cleared and the Sargeant told him to raise it up -- he just told the Sargeant "NO"! We got let go with just a warning -- sure glad the sergeant was there with the other six guys and the dog!

The other time was up in the Rincon area deer hunting. It was nearing sundown and I started down the forest road back toward asphalt. I had just left my buddie's camp when the F&G guys came sneaking through the brush, stopped me, and checked my weapons. I stayed still with hands on wheel and told them the rifle in the rack had no round in the chamber, but the magazine was loaded. Also that I was wearing a sidearm, cross draw, which was not visible to the either LEO on either side of the vehicle; told them it had no round in the chamber, but the magazine was loaded and inserted -- and that all of this was legal in the area per both penal code (did not apply there) and F&G code. They had me step out of the vehicle and removed the sidearm from my holster. Then they said the F&G code said nothing about "handguns" in the section about loaded weapons in a vehicle while hunting. I told them that made no diffference, it was inferred by the term "firearm" and that the penal code was very specific that the definition of a loaded firearm was different in the two codes, and that penal code did not apply in my specific hunting situation in the national forest on the dirt road. They never ran the serial number, they told me they could keep my sidearm, but were giving me a break, and left in on my hood, and left. Then they went to my buddies's campsite and cited my friend ,who was already sleeping in his camper van, for having a loaded revolver in his van (his private temporary residence) which was actually legal. They did not confiscate either his revolver or his unloaded rifle, but left him with the ticket. He went to court on the ticket, the LEO's never even appeared, and it was dismissed. To me they were clearly out to harass if they could not find a true violation.

 

[Flatbroke]

Jackrabbit,

Do you think they may have been thinking of this penal code section on the second senerio?

12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.


I have often woundered about the conflict between the F&G code section and Penal Code section with respect to Loaded, unchambered rounds or not. Or maybe they were thinking of the 12020 PC section.

Seems to me the penal code section is pretty specific on where it applies, good thing they didnt pursue it. you might have been able to beat the tickect but I am not sure I would want to pay for the ride.

 

[jackrabbit]

Flatbroke, I was in unincorporated territory which was NOT " a prohited area of unincorporated territory." I knew the codes quite well at the time, as I was a legitimately licensed FFL dealer with all the federal, state, and city permits approved. I had already heavily researched the issue by calling the forest rangers, sheriffs, and dfg enforcement offices in the area throughout the year to be sure of what their individual policies were on shooting areas, type of projectile, target shooting versus legal hunting, etc. (they were not all consistent by the way). I think the F&G guys in this case were well aware of the codes, that's why I think they were just intent on harassing and intimidating, they gave up their argument pretty quickly after I offered my legal interpretation; then they ticketed the other guy and did not even show up to defend the citation.

But I agree, it is not worth the cost and time to have to fight even a bogus citation, let alone one that might be a close call (and I don't think this case was ambiguous or questionable. I take the clip competely out of the handgun now when moving from one hunt stand to the next -- that's one of the reasons I prefer a semi-auto to a revolver, a lot easier to frequently load and unload. By the way if I have other hunters with me in my vehicle, rule number one is that ALL firearms are completely emptied of rounds, and I inspect them --MY VEHICLE, MY RULES, OR RIDE WITH SOMEONE ELSE. I had too many instances in the past where someone in the group thought it was ok to leave a round in the chamber with the safety on.