Police stop and you are legally transporting a non-serial number firearm?

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,508
    Westminster USA
    I don't own any unserialized firearms, but I do carry a small document organizer with all the pertinent AG opinions and MD and Federal statutes in my car.

    May not help but it certainly cannot hurt.

    I would think since it's a Federal thing, there would be no AG opinion on this. I've' never seen one anyway.
     

    CrazySanMan

    2013'er
    Mar 4, 2013
    11,390
    Colorful Colorado
    If I'm stopped in Maryland for rolling a stop sign, and the officer asks if I have any guns in the car or a gun on me (nothing is in plain view) what must I tell him?

    In Wyoming an officer did business with me from the passenger side, and unless he was blind could easily tell I was carrying. He never mentioned it.

    When I did my concealed carry class in Colorado to get my permit, I asked the instructor if I had to inform an officer that I was carrying during a traffic stop. He looked at me like i was crazy and asked me "Why on earth would you do that? If you are legally carrying it is none of that cop's business."
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,638
    SoMD / West PA
    When I did my concealed carry class in Colorado to get my permit, I asked the instructor if I had to inform an officer that I was carrying during a traffic stop. He looked at me like i was crazy and asked me "Why on earth would you do that? If you are legally carrying it is none of that cop's business."

    Exactly.

    If one has an urge to communicate with an officer, use the "firearm", "side arm", or even "rifle"; do not use the word "gun".

    Police often train for when they spot a gun, and they yell the word "gun". The one word response clearly communicates there is a dangerous object in plain view, and everyone now starts to get excited because of the adrenaline rush until the situation is resolved.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,508
    Westminster USA
    Some states mandate informing LE during initial contact.

    NC for example.

    One size does not fit all.

    Inform LE portion of fact sheet for NC from www.handgunlaw.us
    .
     

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    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,508
    Westminster USA
    TX also requires notification, but no penalty is defined for not complying. Law abiding citizens follow the law, penalty or not.

    Just two examples easy to find.
    .
     

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    Joshua

    Member
    Jan 5, 2015
    52
    I was pulled over at night and politely told the officer (with my hands on the wheel and the interior car lights on ) " good evening sir, just so you know i have a knife in my front right pocket and a rifle in the back seat in a case, what would like me to do."

    He said, "thanks for for letting me know just need your liesence and registration ." And we went from there he never asked to see the rifle. But at this time i was 18
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,508
    Westminster USA
    I was pulled over in Chesapeake VA while in route to the OBX.

    Even though not required I informed the officer I had my G29 in an IWB holster on my right side.

    He thanked me and gave me a warning. Not sure if it was because of my courtesy or not.

    Notification in a state that does not mandate it is a personal choice.

    Not notifying in a state that does mandate it should not be.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,508
    Westminster USA
    There is no state requirement anywhere I am aware of that requires voluntary notification during transport. Even if asked you have a 5A right to not answer questions.

    Only during carry.

    If you know differently, please provide a cite.
     

    KIBarrister

    Opinionated Libertarian
    MDS Supporter
    Apr 10, 2013
    3,923
    Kent Island/Centreville
    Long before I was a member of the legal community, a then lawyer I knew used to tell all us dumb kids, "admit nothing, deny everything, make counter-accusations." Said former lawyer was appointed to the bench about a decade ago (Circuit Court, county to remain anonymous).

    The thing that should be pointed out, but hasn't, is that the answer will vary by jurisdiction. Over here, in my neck of the woods on the quiet eastern shore, I would not worry about striking up a conversation with 9 out of 10 deputies. I BS with them about firearms often, and most are plenty knowledgeable about 80 percent builds and their legality. But there are still some who don't know. I have seen many cops who were shocked to learn that Assault 2 made one a prohibited person (I even had a lawyer who had a contract with a CCW insurance carrier call me to ask about a published opinion on the matter I had from a decade ago at 11 pm and was shocked to learn his client, despite having an out of state CCW was a prohibited person from an old Assault 2 conviction). If you get towards more metropolitan (cough, liberal, cough) jurisdictions the local LEOs are more likely to have similarly more liberal views. Its great to not get into a pissing contest with LEOs, but if they want to be jerks they have qualified immunity and they will be jerks (i.e., if they want to search your car, they WILL search your car).

    If you can have a conversation with your local LEO and manage not to put your foot in your mouth, go to town, my experience is they are usually pretty darn cool about guns (again, my neck of the woods; MoCo, HoCo, Balt., etc. YMMV) - but when in doubt, exercise your right to remain silent and shut the fvch up. As Dirty Harry once said, a man has got to know his limitations.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,508
    Westminster USA
    Great advice Counselor.

    My point was that all the must inform laws I am aware of are for carry, and as pointed out, not transport.

    STFU and your day will probably go better.
     

    Amigo109

    Active Member
    Jan 25, 2018
    265
    Columbia MD
    Too add, the MSP doesn’t know about the rifles and shotguns purchased with just a NICS check. Those guns aren’t “registered” with anyone.

    I bought a shotgun and did an FFL transfer at a local pawn shop. The private seller and I filled out some paperwork. The form asked if I w as a felon, address social security number etc (the social was optional and I left it blank)

    So would MSP have a record of me owning the shotgun now? I know that to transfer ownership of unregulated long guns you dont need to register it, but the seller wanted to make sure I was legally allowed to own so I filled it out.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,508
    Westminster USA
    You only filled out a Federal 4473. The MSP has no record of the sale or transfer. It is in the FFL bound book that MSP could examine however.

    A NICS check only checks your name and does not record firearm info. And by law the record of the check must be destroyed within 24 hours of the check
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,638
    SoMD / West PA
    I bought a shotgun and did an FFL transfer at a local pawn shop. The private seller and I filled out some paperwork. The form asked if I w as a felon, address social security number etc (the social was optional and I left it blank)

    So would MSP have a record of me owning the shotgun now? I know that to transfer ownership of unregulated long guns you dont need to register it, but the seller wanted to make sure I was legally allowed to own so I filled it out.

    If the shotgun was a short barreled shotgun or an AOW, MAYBE.

    If it was a regular old run of the mill shotgun, NO.
     
    If I'm not mistaken, in Maryland when we would run a Ser.# and it only told us if it was reported stolen or missing not if it was registered.
    There is a difference between stolen and not registered on an inquiry.
    I would be surprised if even Maryland has a data base that list ser. #'s for registration that could be ascertained during a stop.
    But I could be wrong. I agree with Swinokur about the document paper trail.
    Now an officer may ask if you are the registered owner of the firearm.
    I would say I am the legal owner and not go any farther than that.
    Sorry if anyone already post this type of response, but I didn't read thru all of the replies. Thanks Just my two cent's
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,312
    Harford County
    Is there a AG Opinion or ATF bulletin that shows that a serial number is not required for a 'homemade' firearm? Kind of like the loaded magazine AG opinion, you could carry something similar. At this point you might as well have a binder with the convoluted md gun laws because most traffic cops are not going to be up to date on all of the current laws.

    Instead of a Trunk Monkey we probably should have Trunk Lawyers with us at all times
     

    Cold Steel

    Active Member
    Sep 26, 2006
    804
    Bethesda, MD
    Many, many, many people get in trouble for volunteering information they don't need to to the cops. Don't volunteer anything. Never lie, but then, never, EVER, volunteer for a police search of your vehicle, even if you [think you] have nothing to hide. Cops will oftentimes ASK to search your vehicle. Don't let them. Even if you're honest and they're honest, nothing good will come of it. Be polite, and if they're determined to search your car anyway, tell them to go ahead, but note that it is without your consent.
     

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