Pulled over with handgun in glove box

[tattedupboy]

Good morning Lee

I got stopped by the local Sheriff Deputy a couple weeks ago. I pulled over wound down the window and placed my hands on the steering wheel. I did not have the carry with me.
When he approached he asked if I knew why he stopped me, I asked if I had been speeding he said "No, my licence plate light was out."
I than gave him my drivers licence, registration, and insurance card, he went back to his vehicle.
When he returned he asked if I was carrying, I said No.
He asked why I didn't announce I had a carry permit.
I told him that was not a requirement in Ohio to announce unless I have a concealed carry.
He disagreed and said I should have to be courteous to the officer.
He gave me a warning ticket, and I told him I would announce the next time just to be courteous, but I also felt he should review the Ohio concealed carry law requirements.
Debray

First of all, welcome to USA Carry, Debray!

Secondly, Ohio law is a bit unclear with regard to informing LEO if you have a permit but aren't carrying. Obviously, you can't go wrong if you inform him, carrying or not, but at the same time, I would like to think that you shouldn't get in trouble if you're not carrying and don't inform.

 

[gun runner]

When they check the ser.# it is being checked to see if it is stolen.

 

[wolfhunter]

I live in Florida. Florida does not register guns. Ergo, NONE of my legally owned firearms are registered. If I am pulled over and the LEO runs the serial # on my gun, I will have no problem. The guns were never used in a crime and were not stolen, so I'll get the warning/ticket I was pulled over for and be on my way. Thank you, Officer.

 

[PascalFleischman]

That's easy. Don't travel with a gun that's not registered to you or that you're not the legal owner of.

What if you're carrying a loaner?

What if you bought it in a FTF transaction?

 

[PascalFleischman]

I handed her my license, informed her that I had a handgun in the glove box, and asked if she would prefer to retrieve it.

She said yes, rather quickly, and walked around to the passenger's side door. She opened the door, opened the glovebox, and retrieved my PT-140, .....

My biggest problem, which surprises me that nobody else caught it, is WHY DID YOU OFFER IT TO HER!?!?!?!?

I didn't catch what state this was in, but assuming you are required to inform, you ONLY have to inform that you're carrying & its location. There's no sense in offering iit to her to secure it. If she wants it, she'll ask. Otherwise, you're putting words in her head. It just opens up the door for them to possibly mishandle your gun.

 

[Aggressive1]

I got pulled over by a South Carolina State Trooper today for an expired tag. Yeah I hate standing at the DMV.... anyways the officer approached form the passenger side (I had both windows all the way down because the are dark and out of respect). When the officer approached and asked for my license and registration I explained that I had a firearm in the glove box and like the other guy I offered to let the officer retrive it before I reached for my registration (expired...DOH) and my insurance card. The officer thanked me for notifying him and asked if I had my CWP. I explained that I did not, he asked me what kind of firearm it was, then asked if it was loaded. He said he was going to go ahead and retrieve it. When he removed it I explained that if he pulled the clip it would not fire. He asked if there was one in the chamber and I told him yet and he verified that he knew how to eject the round. He emptied it and left the clip on my seat and locked the slide back. He then took it to his car with my paperwork and told me it matched up (I assume with my name) and gave me a nice ticket that I can get dropped if I go to the courthouse with the current registraction :angry:
Not his fault...mine. He laid the pistol on the seat and told me either after he leaves or at my next stop I could reload it. The only thing I didn't like about this is if I load it in the parking lot of the CVS and somebody sees it I'll have a group of County cops all over me down the road. If I wait and drive down the road and another officer pulls me over for the tag and the firearm is open and on the seat then I will probably be in bad shape. I would rather the officer have put the empty gun back in the glove box and leave the clip on the seat so at my next stop (home) I could reload it.

Anyways I handled it pretty much the way I heard it was supposed to be and even though Pascal thinks it was wrong to offer it up I felt better that he felt safe. I have a high respect for law inforcement and I would rather him feel safe them me understand my rights to not offer it.

 

[Lee Enfield]

My biggest problem, which surprises me that nobody else caught it, is WHY DID YOU OFFER IT TO HER!?!?!?!?

I didn't catch what state this was in, but assuming you are required to inform, you ONLY have to inform that you're carrying & its location. There's no sense in offering iit to her to secure it. If she wants it, she'll ask. Otherwise, you're putting words in her head. It just opens up the door for them to possibly mishandle your gun.

You're right, I should have definately reached in the glove box without informing the officer, and retreived my information from underneath my loaded handgun without her expecting it. I'm sure that wouldn't have bothered Ms./Mrs. Officer at all. I should have also left the dome light off and had that whiskey bottle in the cupholder instead of the trunk.

EDIT:
Ok, I see what you mean by just telling her it's there and not offering for her to secure it. When I asked if she would like to retreive "it," I meant the insurance information, not my gun.

 

[PascalFleischman]

You're right, I should have definately reached in the glove box without informing the officer, and retreived my information from underneath my loaded handgun without her expecting it. I'm sure that wouldn't have bothered Ms./Mrs. Officer at all. I should have also left the dome light off and had that whiskey bottle in the cupholder instead of the trunk.

EDIT:
Ok, I see what you mean by just telling her it's there and not offering for her to secure it. When I asked if she would like to retreive "it," I meant the insurance information, not my gun.

Aha....I misread the "it" part. My apologies.

 

[tattedupboy]

You're right, I should have definately reached in the glove box without informing the officer, and retreived my information from underneath my loaded handgun without her expecting it. I'm sure that wouldn't have bothered Ms./Mrs. Officer at all. I should have also left the dome light off and had that whiskey bottle in the cupholder instead of the trunk.

EDIT:
Ok, I see what you mean by just telling her it's there and not offering for her to secure it. When I asked if she would like to retreive "it," I meant the insurance information, not my gun.

You still haven't revealed what state you're in. At least if we know that, we would know if you're required to notify.

 

[TheMan]

Living in GA years ago I was driving, hit from behind, no injuries. Had my gun (permit holder) in glove box and informed the officer when prompted for my reg. and ins. of the gun's presence and he had no interest in it or my CCW.
As I'm sure can be garnered from reading the replies here it all depends on the officer.

 

[FN1910]

The gun was in the glove box because I do not have a center console in my car. I have applied for, but not received, my CC permit, so the glove box (or the trunk) is the only place I can legally keep a gun in South Carolina.

I also normally have a round chambered but had cleared the pistol earlier in the day and not chambered one again.

Just out of curiosity Glockster, what happens if the SN comes back as not being registered to you? I mean, if it hasn't been used in a crime or anything but hasn't been registered to you.

You still haven't revealed what state you're in. At least if we know that, we would know if you're required to notify.

He said SC so I assume that he lives in SC. There is no duty to notify if you don't have a permit but before you start fumbling around looking for your L&R under your gun you would be wise to let the officer know. This advice was been given to me from attorneys and LEO many years ago before there were any permits in SC. That is one reason that I do not keep a gun in the glove box with my L&R.

 

[gdcleanfun]

Aha....I misread the "it" part. My apologies.

I also thought you meant the hand gun. Maybe I read it wrong as well.

I'm curious about the law. I don't know if it's the same in other states as it is in Nevada.

Here, we can carry firearms in our vehicles because they are considered extensions of our homes and we can have concealed firearms in our homes.

I wonder about the history behind carrying in our cars. I have a ccw so I can carry concealed upon my person. But if I had no ccw then I could not conceal the pistol on me while I was in my car. I could only have it concealed in the car itself.

The pistol is just as easily brought into fire position from the center console as it is from my hip, so, I'm wondering, if the pistol is in the center console and is as accessible to me as it would be if it were on my hip, why won't the law allow me to have the pistol concealed on my hip while in my car just as I am able to do in my home?

Does anyone know the history behind the way the codes or the case laws came about to have this distinction?

I thought this was similar, but I don't mean to hi-jack your thread. I'll re-post this in a thread of it's own if you wish.

 

[FN1910]

In SC the law as long as I can remember is that you could carry a gun in the glove box of your car. I do not remember what the exact law was but there were some AG interpretations on it that also included latched satchels. They did not have to be locked, only have a "latch". This made for some confusion and the popularity of consoles in cars became almost the standard. The law was "refined" to specifically state either glove box or console. In SC there is no open carry provision except for certain instances such as on the way to hunting or fishing etc. The only way to carry without a permit and those exceptions are in the glove box or console.

Your point about as easily from the console as your hip may be a good one but when you get out of your car then what do you do with your gun if you don't have a permit?

 

[tattedupboy]

He said SC so I assume that he lives in SC. There is no duty to notify if you don't have a permit but before you start fumbling around looking for your L&R under your gun you would be wise to let the officer know. This advice was been given to me from attorneys and LEO many years ago before there were any permits in SC. That is one reason that I do not keep a gun in the glove box with my L&R.

Well my next question is, how long will it be before you get your CWP and can carry wherever and however you want in your vehicle?

 

[FN1910]

Well my next question is, how long will it be before you get your CWP and can carry wherever and however you want in your vehicle?

If you are refering to me I have had my permit for several years and still do not carry one in my glove box. As for carrying one wherever and however you want you still cannot do that in SC. Even with a permit it still must be concealed even in your car.

 

[Aggressive1]

My understanding was that if you have a CWP you could no longer carry in the glove box or console. I though you HAD to carry it on you (or in a purse for a woman). Is that wrong? Once I get my CWP I would still be more comfortable if I could move the pistol to the glove box when I was driving.

 

[TheMan]

My understanding was that if you have a CWP you could no longer carry in the glove box or console. I though you HAD to carry it on you (or in a purse for a woman). Is that wrong?

You can ask 3 cops and you may get 3 different responses; my suggestion, particularly since you're considering internet advice which may or may not be something you want to stake a potential arrest on, is to reference the law and go from there.

 

[gdcleanfun]

In SC the law as long as I can remember is that you could carry a gun in the glove box of your car. I do not remember what the exact law was but there were some AG interpretations on it that also included latched satchels. They did not have to be locked, only have a "latch". This made for some confusion and the popularity of consoles in cars became almost the standard. The law was "refined" to specifically state either glove box or console. In SC there is no open carry provision except for certain instances such as on the way to hunting or fishing etc. The only way to carry without a permit and those exceptions are in the glove box or console.

Your point about as easily from the console as your hip may be a good one but when you get out of your car then what do you do with your gun if you don't have a permit?

If you are asking me, in Nevada we can open carry. Simply put, the pistol would then be held in a open carry holster once we exit our vehicle.

 

[maybejim]

My understanding was that if you have a CWP you could no longer carry in the glove box or console. I though you HAD to carry it on you (or in a purse for a woman). Is that wrong? Once I get my CWP I would still be more comfortable if I could move the pistol to the glove box when I was driving.

Why would you want to carry in the glove box? It's not accessible. If you carry your registration (& insurance proof where required) there (which is not a good idea either) you have to go into the glove box in what a cop is going to see as threatening move.

I just took a class (for Utah carry permit) and the suggestion came up to carry your registration & insurance on your visor and your drivers license & Carry Permit where they are easily accessed. The idea is to not have to make any movements that could unduly upset a cop when he is approaching your car and giving you the warning (hopefully rather than the ticket :bad. :meeting:

 

[tattedupboy]

If you are refering to me I have had my permit for several years and still do not carry one in my glove box. As for carrying one wherever and however you want you still cannot do that in SC. Even with a permit it still must be concealed even in your car.

Actually, I was referring to the guy who originally started the thread. Sorry, I should have mentioned his name in my last post. And, when I said carrying however he wants, I meant being able to carry on his person or under the seat if he so chooses.