NC - Can an officer run your gun is pulled over for speeding? - Page 4

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; There is a lot of stolen guns in NC and the owners would love to have those guns back plus charge the thief. Hence the ...

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

  1. #46
    VIP Member Array Richard58's Avatar
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    There is a lot of stolen guns in NC and the owners would love to have those guns back plus charge the thief. Hence the reason police are checking weapons when possible. Like the saying goes " A blind hog will find a acorn every once in a while."
    jem102 likes this.
    The police are not there to protect you from crime, they are there to arrest the guy after the crime has been committed, assuming they find him. It is your responsibility to protect yourself and your family.


  2. #47
    Senior Member Array jem102's Avatar
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    Quote Originally Posted by noway2 View Post
    Sewed in. Your special. Mine are all in permanent marker. :(
    You are both special, all I got was ballpoint pen that became just another blue stripe after the first washing.
    Who is John Galt?

    Sometimes there's justice, sometimes there's just us...

  3. #48
    Member Array Qtip's Avatar
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    Quote Originally Posted by DocT65 View Post
    When stopped for a violation, the officer certainly has PC to ascertain the possibility of other crimes. This would include checking the status of a deadly weapon that is under the control of the operator. .......

    You seem to harbor an unfortunate contempt for law enforcement; don't forget, they're the good guys.
    I encourage you to read the USSC cases of Arizona vs Hicks (Arizona v. Hicks - 480 U.S. 321 (1987) :: Justia US Supreme Court Center and Knowles vs. Iowa (http://docs.justia.com/cases/supreme/525/113.pdf. These cases deal a lot with limiting the scope of a search to the intent of the detainment and with plain sight searches.

    Your comment about my sentiment towards law enforcement is both baseless and incorrect. I don't categorize people based on their line of work.

  4. #49
    Member Array SIG_guy's Avatar
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    Don't know about NC but if you declare that you have a weapon show your concealed carry OK sellf defense act I.D. then the officer has the ability to ask to see your firearm until the traffic stop is compete and during that time may in fact run a 10-28 on your firearm making sure it is not stolen. I would say that it would be the same and if you are carrying legally you shouldn't have anything to worry about.

  5. #50
    New Member Array dogguy's Avatar
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    Quote Originally Posted by DocT65 View Post
    OK, I'm a LEO responding to a scene and there is an unknown individual carrying a weapon.....you bet it is going to be me who removes the weapon. Who else is going to put hands on it first in an uncontrolled situation? Certainly not anyone other than me or another officer.

    If you are ever in this situation, I strongly suggest that you DO NOT reach for your gun. As innocent as it may seem to you, it is an absolute threat to the LEO and may very well be met with deadly force on his/her part.
    I would not reach for my firearm, in any situation, unless my life was on the line.. Is there a need to disarm someone for a traffic violation??? what about a back up firearm. are you going to frisk the person for the one in their ankle? and search the car in case there is another under the seat. what about the passengers? I am sure most if not all you stop are unknown individuals. so you disarm everyone you stop??? I don't know about you personally, but most of the Public servants I have met, have no clue about firearm safety. some are down right dangerous. The LEO's in the greater area where I live probably fire 100 rounds a year... max/ I do not want to belittle or sound confrontational, but if they stop me just tell me to keep my hands where they can see them. I won't reach for anything, I don't want them reaching for my firearm and accidentally shooting me.

  6. #51
    Member Array GettingOld2's Avatar
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    Quote Originally Posted by 1 old 0311 View Post
    They do it in Indy also. When I opened my wallet he saw my pink CCW card and asked if I was carrying. I said yes, in my right front pocket. I unloaded it, gave it to him, he took it back to his car, then gave it back. No big deal.
    Wait! He had you draw your weapon?

    That seems like a bad plan all around. Is this normal?

  7. #52
    Senior Member Array DocT65's Avatar
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    Quote Originally Posted by Qtip View Post
    I encourage you to read the USSC cases of Arizona vs Hicks (Arizona v. Hicks - 480 U.S. 321 (1987) :: Justia US Supreme Court Center and Knowles vs. Iowa (http://docs.justia.com/cases/supreme/525/113.pdf. These cases deal a lot with limiting the scope of a search to the intent of the detainment and with plain sight searches.

    Your comment about my sentiment towards law enforcement is both baseless and incorrect. I don't categorize people based on their line of work.
    Quote what you will, I stand by my original position as it is standard teaching in virtually all LE academies. If I'm off base on this, than so is most every LEO in the U.S. My comment about your sentiment towards LE is based solely on the confrontational and, IMO incorrect tonality on this topic. A question was asked on this thread, and I simply responded based on my education and experience.
    "Better to be judged by 12 than carried by 6"

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  8. #53
    Senior Member Array royal barnes's Avatar
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    I am a retired LEO from N.C. and I would like to address Landric's solution to the "gun on the seat" scenario. If the weather is stormy I have two choices. One is to make them stand in the rain, snow, lightning, etc. The second is to seat them in my car. Number one doesn't make much sense and number two ain't gonna happen! There are no blanket rules for a "gun on the seat call" unless the driver is being physically arrested. In that case I will run the gun to determine if it is stolen prior to placing it in evidence. I was NOT taught in the academy, which was loooooong ago, to run the serial number of every gun spotted in a traffic stop and I just checked with the current commandant of our academy and he advised that officers are taught to act at their own discretion. If nothing else is amiss it is entirely up to them. Maybe I'm naive(not!)but I was never really concerned about a gun on a front seat. If the driver was up to no good the gun would be hidden. I didn't ask to run numbers on visible guns or legally concealed ones and I certainly never asked the driver to hand me a loaded forearm. Contrary to what some are saying running serial numbers on legal firearms, concealed or in plain view, is not standard practice for all N.C. officers.
    Qtip and redchaser like this.

  9. #54
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    Your point is well made. I see no difference in the vehicle stop/SN check than I do with an LEO responding to a noisy Barbeque party and then running the S/Ns of all the TVs and other high-theft items inside the house--just in case. There is just no reason to do so.

    I'm a bit surprised at the "officer's discretion" part. I'd think there was more "procedure" to this topic. Your approach seems to be well-based on common sense and reasonable assumption. My hat's off to you, sir.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  10. #55
    Senior Member Array Landric's Avatar
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    Quote Originally Posted by royal barnes View Post
    I am a retired LEO from N.C. and I would like to address Landric's solution to the "gun on the seat" scenario. If the weather is stormy I have two choices. One is to make them stand in the rain, snow, lightning, etc. The second is to seat them in my car. Number one doesn't make much sense and number two ain't gonna happen! There are no blanket rules for a "gun on the seat call" unless the driver is being physically arrested. In that case I will run the gun to determine if it is stolen prior to placing it in evidence. I was NOT taught in the academy, which was loooooong ago, to run the serial number of every gun spotted in a traffic stop and I just checked with the current commandant of our academy and he advised that officers are taught to act at their own discretion. If nothing else is amiss it is entirely up to them. Maybe I'm naive(not!)but I was never really concerned about a gun on a front seat. If the driver was up to no good the gun would be hidden. I didn't ask to run numbers on visible guns or legally concealed ones and I certainly never asked the driver to hand me a loaded forearm. Contrary to what some are saying running serial numbers on legal firearms, concealed or in plain view, is not standard practice for all N.C. officers.
    I never had to worry about the bad weather issue, I don't stop cars in the rain, snow, lightning, etc. :-)
    -Landric

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  11. #56
    Senior Member Array royal barnes's Avatar
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    Landric,
    I did....................but not often!

  12. #57
    Senior Member Array Chief1297's Avatar
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    Quote Originally Posted by jem102 View Post
    You are both special, all I got was ballpoint pen that became just another blue stripe after the first washing.
    Dang, you had a ball point pen??? I had to go by skid mark prints. Danged ole rich folk!!
    The 1911 is an antiquated weapons system but then again, so am I.
    Retired SF(SP) CMSgt 1979-2005

  13. #58
    Senior Member Array royal barnes's Avatar
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    Quote Originally Posted by jem102 View Post
    You are both special, all I got was ballpoint pen that became just another blue stripe after the first washing.
    Mom used different colored pens. I had a green stripe, my middle brother blue and the runt of the litter had red. That's how we kept ours straight.

  14. #59
    Member Array TurboTurtle's Avatar
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    Update:

    Met with my attorney today. Long and short of it is that in NC an officer does not have the explicit ability to seize the firearm and run a search against unless there is probable cause or the owner consents to his search, or an immediate threat to officer safety (basically anything beyond the fact that there is a firearm in the car).

    However there is nothing that explicitly says he can't, either.

    Told me that in the past he has successfully had citations dismissed because of these actions, but since my ticket wasn't criminal speeding it wouldn't make economic sense for me to pursue that option. Basically it would cost far more for me to pay him than the actual ticket (before any kind of reduction by the court that usually happens when you show up).

  15. #60
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    So what his statement basicly says is because it's not "prohibited" by law it is not illegal to run the S/N. Typical legal vagueness.

    As for the ticket, the last time I was stopped for speeding, I knew I did and just paid the fine. My crime; my punishment.
    bombthrower77 likes this.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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