If I have my gun in my car but never in my pocket and yet never ever in plain view how can a cop arrest me for carrying concealed weapon? I heard some rumor that k9 can smell gun powder on command. But if they can't how can I ever get caught if i just say no to a search anytime.
2007-03-07 02:16:38 · 6 answers · asked by jwurm99 3 in Politics & Government ➔ Law Enforcement & Police
Obviously you are breaking the law, so it would be ridiculous to tell you how to get out of it. Police can search your car for numerous reasons, without your permission. And yes, many police dogs can smell gunpowder and other expolsives.
2007-03-07 02:55:24 · answer #1 · answered by cop.cop11 1 · 0⤊ 0⤋
well, if you found yourself in Ohio. This would be a felony. If the gun is loaded and what is legally called "ready at hand" meaning you can get your hands on it in a short amount of time then it's in your possession.
If you don't give police permission to search your car, you may never have any dealings about it. However, a car is an exception to the warrant rule. Meaning police can search it with probable cause, on the spot. If you have something in plain view in the car that is contraband, open alcohol container, drugs, possibly stolen merchandise: then the car is going to get tossed.
Also, if you are ever arrested while in your car. Like for a traffic offense. Police can legally search your "immediate grab area". This is the same area where a gun can be "ready at hand" and that gun would be found and you would be facing a felony.
If you have a clean criminal record, concealed carry permits are not that hard to obtain. If you aren't carrying for criminal reasons why not just make it legal.
2007-03-07 14:51:21 · answer #2 · answered by Kevin 6 · 1⤊ 0⤋
There is a "3-Step Test" in Florida to determine whether a weapon is concealed or not. If a person can obtain their weapon and have it ready to fire in 3 steps or less, than it is considered concealed. Unlocking a case is considered one step, as is loading a magazine and unsnapping a button holster. So therefore, If you gun was just sitting locked and loaded in the glove box, all you would have to do was open the box and its ready to fire. A snap holster is a good safe-guard to prevent getting a concealed charge, as it adds a step but is still a fast action.
2007-03-07 11:11:41 · answer #3 · answered by Nicholas P 3 · 0⤊ 0⤋
The laws change from State to State but seeing that you're using a depiction of Florida I can tell you what's required in the Sunshine State. You may have a handgun in a zippered gun rug (but it doesn't have to be zipped), in a box with a lid (a glove compartment counts as a box with a lid), or in a holster with a snap or button closure (but the holster cannot be on your belt. To carry any other way requires a concealed weapons permit.
2007-03-07 10:38:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Because even if you tell a cop he cant search your car he will come up with a reason to legally do it. He will hold you there until he gets a search warrant, or maybe even search it as is due to "officer safety" or many other reasons.
Keep being cocky, it will only get you in prison.
2007-03-07 10:54:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
the law is open to interpretation.so long as you meet their requirements your OK. they will adjust their action to your attitude to the situation. if you give it the so what attitude they will get you nicked. its not hard to get a holster or what ever you need. unless you don't mind the aggro.!!
2007-03-07 11:23:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋