NC - Can an officer run your gun is pulled over for speeding?

This is a discussion on NC - Can an officer run your gun is pulled over for speeding? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by dben002 ..Checking for stolen guns is a good thing unless you are the one that stole it...found a gun on the seat, ...

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Thread: NC - Can an officer run your gun is pulled over for speeding?

  1. #16
    VIP Member Array ghost tracker's Avatar
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    Quote Originally Posted by dben002 View Post
    ..Checking for stolen guns is a good thing unless you are the one that stole it...found a gun on the seat, no cc license, and no receipt bet your butt your getting checked....just makes good sense
    The LEO didn't find a gun on the seat. The OP told him it was there. You make it sound as though any object discovered legally in my possession should be treated as evidence heard clanging into a dumpster at a crime scene just before witnesses saw me running out of the same alley.
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  3. #17
    Distinguished Member Array shadowwalker's Avatar
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    They run them in Az and from what I have been told they do it in Oregon

  4. #18
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    Quote Originally Posted by shadowwalker View Post
    They run them in Az and from what I have been told they do it in Oregon
    Any handgun, every handgun discovered legally in the possession of a citizen during even an unrelated stop? IMHO, that's like using a shovel & top soil in the bed of a pickup truck as grounds for universal marijuana pee-testing!
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  5. #19
    Distinguished Member Array noway2's Avatar
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    NC - Can an officer run your gun is pulled over for speeding?

    Quote Originally Posted by dben002 View Post
    I've lived here all my life (66 years) and do not know where Fantasy Land NC is...are you on the coast or in the mountains.....
    The NCHP does what, where, when, and why it wants to....
    And I hear their new uniforms will resemble the UPS driver, you know brown shirts.
    Checking for stolen guns is a good thing unless you are the one that stole it......
    I disagree. By your logic, they should be running everything you have on you to see if it was stolen unless you can show a receipt. Ah yes, show me your papers please.
    If I were a LEO and found a gun on the seat, no cc license, and no receipt bet your butt your getting checked....just makes good sense
    There is NOTHING illegal in this state about open carrying WITHOUT a permit. This may be one of those activities that may have blessed and ordained legally, but it doesn't mean I think it is right.

  6. #20
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    NC - Can an officer run your gun is pulled over for speeding?

    Quote Originally Posted by OldVet View Post
    You've got S/Ns on your underwear? All I've got is my name my mom sewed in.
    Sewed in. Your special. Mine are all in permanent marker. :(
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  7. #21
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    First, this wasn't just a random stop. You were being detained for possibly breaking the law by speeding. That puts a bit of a different light on it and him running the serial numbers on a firearm found during a traffic infraction stop isn't unusual.

    That being said, you don't win road side debates with LEOs.

    If you have a complaint, note the officers name and write a letter to the senior officer at their department voicing your concerns.

    As a side note, there have been instances where a totally law abiding person was in the possession of a stolen firearm that they had no clue it was stolen due to the fact that it had been passed through numerous private sales.
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  8. #22
    Member Array TurboTurtle's Avatar
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    I'm not necessarily offended or anything like that by the officer - nor am I trying to raise the "Mer 2A right were done gone violated!" alarm.

    I am merely curious as on the surface, it does not appear, to me who is definitely not a legal expert, seem like it would be necessarily legal, even if it weren't strictly illegal.

    Now, on the other hand, if this were an illegal action on the part of the officer, and could use this to leverage getting rid of the speeding ticket....I'm not going to complain...

  9. #23
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    Is there reasonable suspicion or probable cause to run a S/N on a legally carried firearm (regardles of whether CC or OC) for a mere traffic violation stop? Or does an LEO even need that? That seems to be the question.
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  10. #24
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    So NC Bullseye, a possible speeding infraction stop now makes me suspect for illegal gun activity? I'm not (intentionally) being confrontational to any participant in this thread any or LEO (certainly not on the side of the road). IMHO, it just sounds like, in NC at least, the admission of even a legally-possessed handgun is comparable to an open liquor bottle or pain pills scattered across the console. Yes, I have a handgun. Yes, it's mine, in my possession, in my automobile. Why should its mere presence trigger (pardon the pun) such an unjustified, invasive investigation as to its legality? All because I was...speeding?

    "Sir, we've just had a report about some missing Grape Nehi at the Jiffy Mart in town. Since I've got you pulled-over anyway, stick out your tongue."

    Seems to be casting a pretty broad net, don't ya' think?
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  11. #25
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    Quote Originally Posted by ghost tracker View Post
    So NC Bullseye, a possible speeding infraction stop now makes me suspect for illegal gun activity? I'm not (intentionally) being confrontational to any participant in this thread any or LEO (certainly not on the side of the road). IMHO, it just sounds like, in NC at least, the admission of even a legally-possessed handgun is comparable to an open liquor bottle or pain pills scattered across the console. Yes, I have a handgun. Yes, it's mine, in my possession, in my automobile. Why should its mere presence trigger (pardon the pun) such an unjustified, invasive investigation as to its legality? All because I was...speeding?

    "Sir, we've just had a report about some missing Grape Nehi at the Jiffy Mart in town. Since I've got you pulled-over anyway, stick out your tongue."

    Seems to be casting a pretty broad net, don't ya' think?
    To use your analogy, are you saying that if you had a visible bottle of pain pills on the dash and during a traffic stop the officer shouldn't be able to ask to see the bottle and verify that you are the person holding the prescription and it's current?

    As to questioning the legality of a hand gun in a car just stopped for speeding, if a person is willing to break one law what is to stop them from breaking another? Sure it's "only" speeding but how is an officer to know your moral character well enough to decide where you draw the line on criminal activity?
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  12. #26
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    Quote Originally Posted by ghost tracker View Post
    So NC Bullseye, a possible speeding infraction stop now makes me suspect for illegal gun activity? I'm not (intentionally) being confrontational to any participant in this thread any or LEO (certainly not on the side of the road). IMHO, it just sounds like, in NC at least, the admission of even a legally-possessed handgun is comparable to an open liquor bottle or pain pills scattered across the console. Yes, I have a handgun. Yes, it's mine, in my possession, in my automobile. Why should its mere presence trigger (pardon the pun) such an unjustified, invasive investigation as to its legality? All because I was...speeding?

    "Sir, we've just had a report about some missing Grape Nehi at the Jiffy Mart in town. Since I've got you pulled-over anyway, stick out your tongue."

    Seems to be casting a pretty broad net, don't ya' think?
    You are breaking the law, you are detained for breaking the law; it changes a lot of things. I bet you would be hard pressed to get far with that argument.

    You don't like it, I don't like it; probably does not matter to the supervisor. IMO, a lot of things get real grey when you are detained by the police. Especially in the sense of searching the immediate area of the person.

    They do that while I'm walking around a store shopping, I'll pitch a big ole hissy fit to the supervisor. In that case I'm doing nothing wrong. It's a problem to me. Traffic stop, I don't like it but probably won't push it nearly as far unless the LEO is a jerk about it.

    FWIW, I had a NCSHP officer respond to a traffic accident I was in. I was OC'ing when he pulled up. He unholstered my firearm, unloaded it, then locked it in my car. Once it was locked up the only thing he told me was that I had a nice looking Glock. We ended up talking guns longer than it took to write the report.
    I prefer to live dangerously free than safely caged!

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  13. #27
    VIP Member Array ghost tracker's Avatar
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    To use your analogy, are you saying that if you had a visible bottle of pain pills on the dash and during a traffic stop the officer shouldn't be able to ask to see the bottle and verify that you are the person holding the prescription and it's current?
    Nope, not what I said. The LEO has EVERY right & even more responsibility to investigate (like my analogy) loose pills scattered across the console. Now, as for your analogy, if I'm pulled over for speeding does the LEO then ask if I'm currently taking any sort of prescription medication? And if I say yes & hand him the proper container (all legal) does he then confirm with my doctor that the medication wasn't illegally obtained?
    You are breaking the law, you are detained for breaking the law; it changes a lot of things.
    Yep, of course you're right. It just seems this "always run the gun" procedure suggests that there's no longer a difference between speeding & gun crimes. But I realize y'all's point, and it's completely valid.
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  14. #28
    Senior Member Array DaGunny's Avatar
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    First of all: Open carry is NOT specifically allowed in NC. Consequently, it is not specifically "Illegal". The laws were written to give LE full discretion when dealing with MWAG situations. Without a CCW, the Op was just a MWAG. The LEO could have legally confiscated the weapon under "armed to the terror of the public". Yes, the Op would probably win the court case...after paying all of the legal fees.

    That's why I got my CCW and I only CC. If you OC in North Carolina, anybody who sees the weapon can make a MWAG call. You will be stopped & questioned by LE. Right, Wrong, or Indifferent...that's the law in this state. There are bills in the pipeline to allow OC and other carry issues. But, in light of the recent events, I don't see any politician pushing ANY pro gun bills forward.
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  15. #29
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    I unloaded it, gave it to him, he took it back to his car, then gave it back. No big deal.
    So he felt that you having a lawfully concealed firearm was such a threat to him that he let you pull it out and unload it then give it to him.
    First of all there is no way I am going to unholster a gun on a traffic stop,all the Cop has to say is he was pulling a gun on me and I shot him.
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  16. #30
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    Quote Originally Posted by DaGunny View Post
    The LEO could have legally confiscated the weapon under "armed to the terror of the public". Yes, the Op would probably win the court case...after paying all of the legal fees.
    Legally, absolutely not. OC is not GATTTOTP per NC case law. He would likely win the civil rights lawsuit as well. Check into State v Huntley. I have the Constitutional right to OC in NC.
    carracer likes this.
    I prefer to live dangerously free than safely caged!

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