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; Just an odd thought here. I got pulled over today for speeding - got hit right at the point where the speed limit reduced by ...

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

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    Member Array TurboTurtle's Avatar
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    NC - Can an officer run your gun is pulled over for speeding?

    Just an odd thought here.

    I got pulled over today for speeding - got hit right at the point where the speed limit reduced by 15.

    In NC you have a duty to inform, which I did. The officer (State Trooper if that makes a difference) didn't notice the gun until I told him I had it in the car on it was on my passanger seat (in open view). Literally I said "I need to inform you I have a pistol in the car and it's on the passenger seat beside me."

    He asked if I had my CCW, to which I responded no. I probably do have it in the state's system, but I have not received it yet so I figured that was the best answer. He asked me to keep my hands on the wheel, walked around to the other side of my car, picked up the gun and unloaded it. Then said he needed to run a check on it. This is the part that confuses me.

    Can an officer run a gun (keep in mind in every county in NC except Durham which I'm 70 miles away from guns are not registered with the state) with no probably cause? Especially since it was in plain view and there was no search of the vehicle?

    I tried checking with Dr. Google but I haven't found anything of any use.

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    Ex Member Array SayVandelay's Avatar
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    I know where I live a loaded gun in a car is considered concealed no matter where it is inside the car. If we dont have a ccw we have to keep the gun unloaded in the car and reasonably stored away. I think probable cause happened when you said no, but I dont know NC law. Also the fact that you've applied but haven't recieved the permit sounds like a gray area.

    And you didnt mention what happened after his check.

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    Senior Member Array ZX9RCAM's Avatar
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    In Texas a gun (handgun) must be "out of sight" to be legal in a car....of course merely covering it with a towel, for example, does just that.
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    Yes they can and do it regulary. Basically they are checking to see if it is stolen or used in a crime. Something tells me that whenever your info gets pulled that the firearm serial number and info will come up tagged to you forever. City cops seem to do it more than sheriffs deputies and cops outside bigger cities. When I got pulled and informed the officer, he keyed his mic and said "roll Backup". After he got done he gave it back to me unloaded and asked me to not load it till he left. I guarantee you if there were any incidents or thefts linked to the gun, He would have kept it for investigation.

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    VIP Member Array ghost tracker's Avatar
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    "run your gun" for what? NCIC, Jimmy Hoffa's fingerprints, french fry residue...what?

    *Sorry, the above post got here before mine. Are you telling me this is regularly done by NC LEOs merely upon the...sight of a gun?!? If someone is suspected of solicitation of prostitution do they then run an AIDS test?
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    Member Array TurboTurtle's Avatar
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    NC law is that if you don't have your CCW, the gun must be left in plain view. NC law even specifically mentions on the passenger seat as being ok.

    NC law also doesn't not differentiate between loaded or unloaded, for any handgun law.

    After he was done he put it in my back seat and said I could drive away, then pull over down the road and reload if I wanted to.

    He didn't specifically mention what he was "running" it for. He asked if it was registered to me (which, see my OP as no guns in NC are registered unless you live in Durham county). Then said, literally, "I need to run this."

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    Cops are going to do what cops are going to do. When they violate law or policy, report them. Until then, what you wish to do at the time of the incident depends on how long you wish to be delayed.
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    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.

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    Senior Member Array KBSR's Avatar
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    They are simply running them through NCIC to see if they've been reported stolen. They'll do that every time they come into contact with a weapon, in an effort to locate the hundreds of thousands of firearms that are stolen in burglaries each year. It only takes a few minutes, and it might help locate a weapon that was stolen from you last year, or three years ago. It's not an altogether bad thing. They are not creating a data base so they know who has what. Or lets put it this way, I'd be surprised if they are. Dispatch usually have their hands full with their other tasks.
    " But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself... Baa." Col. Dave Grossman on Sheep and Sheepdogs.

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    Senior Member Array ZX9RCAM's Avatar
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    Texas law is the same with or without CHL.
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    Im a big fan of the .22LR for bear defense.
    Just shoot the guy next to you in the knee and run like heck.

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    VIP Member Array boricua's Avatar
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    I understand the LEO's position and actions, as he doesn't know who you are and you don't have a permit, after he pulled you over for a traffic violation. I think it would be a good idea to also have on you the purchase receipt, which should reflect the SN of the gun, and permit to purchase a gun given to you by the SO, until you get your ccw permit. Having these documents may (or may not) save you the hassle in future official encounters with "the law."
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    Distinguished Member Array noway2's Avatar
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    NC - Can an officer run your gun is pulled over for speeding?

    This subject and whether or not it is legit has been debated many times on this forum. While I understand the 'check if it is stolen' argument, I still find the practice objectionable and I am against it. If my possession of a weapon does not have any bearing on my offense, and OC in NC does not require a permit and is legal, then they should have no grounds to run my weapon any more than they have grounds to run the serial number of my underwear.

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    VIP Member Array 357and40's Avatar
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    Quote Originally Posted by ghost tracker View Post
    "run your gun" for what? NCIC, Jimmy Hoffa's fingerprints, french fry residue...what?

    *Sorry, the above post got here before mine. Are you telling me this is regularly done by NC LEOs merely upon the...sight of a gun?!? If someone is suspected of solicitation of prostitution do they then run an AIDS test?
    I would hope they would run HIV screenings on HOs. Pick up three of them on X-MAS eve and it is a celebration hahaha... rather hohoho
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    Distinguished Member Array dben002's Avatar
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    Quote Originally Posted by noway2 View Post
    This subject and whether or not it is legit has been debated many times on this forum. While I understand the 'check if it is stolen' argument, I still find the practice objectionable and I am against it. If my possession of a weapon does not have any bearing on my offense, and OC in NC does not require a permit and is legal, then they should have no grounds to run my weapon any more than they have grounds to run the serial number of my underwear.
    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....Checking for stolen guns is a good thing unless you are the one that stole it......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 are two types of people who carry concealed weapons...Responsible ones and Irresponsible ones...which are you...

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    Quote Originally Posted by noway2 View Post
    This subject and whether or not it is legit has been debated many times on this forum. While I understand the 'check if it is stolen' argument, I still find the practice objectionable and I am against it. If my possession of a weapon does not have any bearing on my offense, and OC in NC does not require a permit and is legal, then they should have no grounds to run my weapon any more than they have grounds to run the serial number of my underwear.
    You've got S/Ns on your underwear? All I've got is my name my mom sewed in.
    Retired USAF E-8. Remember: You're being watched!
    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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