CWP Traffic Stop Question

[ECUPirate]

On other note, i carying it by the law and not CWP it has to be in a locked compartment.

Wrong. Secured and locked are two different things.

http://crime.about.com/od/gunlawsbys...gunlaws_sc.htm

"Any person in a vehicle where the handgun is secured in a closed glove compartment, closed console or closed trunk. The handgun may be loaded."

[Rebel Yell]

not CWP it has to be in a locked compartment.

I don't think this is right

My application fee was waived because I am prior military

WTF? I want my damn money back then.

I got stopped by Bluffton PD for speeding, 45 in a 35. I was guilty. He walked up, I told him I had a CWP and peestul in the glove box before he could say good morning. He asked me to get out of the truck. I did. He asked what I carried. I told him. That led to us sitting on the tailgate of my truck for 20 minutes talking about guns in general. Got a written warning. I feel lucky, the Bluffton popos are not known for their leniency.

[Plantation]

Coastal
Same thing happened to me on IOP one evening about a year and half ago. I let the lady take possession of both my guns and run a check them. I asked why and she said to see if they were stolen. That pissed me off, but I figured I wouldn't get a ticket if I did let her. 20 minutes later I didn't get a ticket and went home. Reason for pulling = no trailer lights. None worked.

Got pulled over on IOP the other day for my "license plate lights not working". I got out of the truck and saw that they were, infact, working and on. Cop said "well you must have hit a bump and they cut back on". Wrote me a warning ticket that said "faulty equipment". Talk about some Bullshit

[Coastal12]

[QUOTE=Rebel Yell;1062341]I don't think this is right



WTF? I want my damn money back then.

Yep just send them a copy of your DD-214

[SnakeCharmer]

Consent it where you messed up as you said...........

[bill29853]

i thought that law had been changed year ago. I 9 out of 10 times carry concealed so i only worry about the CWP law.

[Jozie & Me]

i thought that law had been changed year ago. I 9 out of 10 times carry concealed so i only worry about the CWP law.

I thought it changed too, to allow "under seat" but here it is straight off SLED website. I seem to remember some Democrat from Charleston trying to get it changed.

SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
(9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance;

[Goin Coastal]

Keep a fishing rod in your vehicle at all times...

SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;

[Goin Coastal]

Explain this one.


Midlands Tech constable arrested on weapons charges


Posted: Mar 13, 2012 12:09 PM EDTUpdated: Mar 13, 2012 4:50 PM EDT



Errol George Rochester, Jr. (Source: Alvin S. Glenn Detention Center)

COLUMBIA, SC (WIS) - Richland County deputies have arrested a state constable from Midlands Technical College on weapons charges.
Capt. Chris Cowan with the Richland County Sheriff's Department says Errol George Rochester, Jr, 36, was arrested around 3:30 a.m. Tuesday and charged with unlawful carrying of a pistol.
Cowan says investigators found Rochester and a woman who was identified as a known prostitute by the sheriff's department in the middle of the road with their lights off in the Broad River Road area.
Investigators found a pistol under Rochester's seat of the car, according to Cowan.
Rochester is being held at the Alvin S. Glenn Detention Center. The woman who was with Rochester was not charged with anything.

[Coastal12]

Keep a fishing rod in your vehicle at all times...

SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;

Haha I'm a charter captain so there is usually one close by.

So before this thread gets jacked anymore. Does anyone know what law allows a police officer to have me step out of my vehicle and remove my weapon to inspect it during a traffic stop if I am a law abiding citizen and not a person of suspicion?

[marsh chicken]

Some people want to push the letter of the law just to test law enforcement...and hold court on the side of the highway. Letting an officer know you have a weapon in the vehicle is a good idea...period. Your civil rights are important, but so is your life and that officers life. That same "dumbass cop" who doesn't know the exact letter of the law may also not be the best trained cop either. Or he may just want to go home to his family, and be very nervous since most shooting occur during a traffic stop. So he may be a little quick on the trigger when you open your console to reach for your license and he sees you reaching for a gun. which if your walt...you lied about not having in the first place. Now when he shoots you in the face bc he is scared he is about to be shot as you reach for a weapon, your civil liberties won't matter much anymore. Bc you will either be dead...or your trial will play out in court and you will go to prison bc his dash cam captures you lying to a police officer who asked about any weapons in the vehicle. That same camera will then capture you reaching for that weapon, ie your insurance card laying next to it. But since you claimed you didnt have a weapon and your now reaching for it in the dark you stand a very good chance of being shot on the side of the road. Then people will get on internet forums and talk about how lucky that cop was, and how god was watching out for him, and the scumbag who tried to shoot him should rot in jail. You will then sit in jail telling all the other criminals in jail how you weren't trying to kill the guy, he just violated your rights. And they will be the only people in the world who believe you, besides your mother, bc thats exactly what every other dipshit in jail claims. I wasn't doin nuthin wrong, the cop set me up, my rights were violated.

Or...you could handle things the right way and not try and test the cop out on his law enforcement training on the side of a highway at 11 oclock at night. Tell him you have a gun in the vehicle and keep your hands where he can see them with your dash light on. Or ask him if it would make him feel more comfortable if you step out of the vehicle away from the weapon. If he gets pushy or you think he oversteps the letter of the law, be polite, take your ticket, and go to police headquarters and ask to speak with a supervisor. If that doesn't take care of the problem, then go get a lawyer, and take the matter to court where a professional and knowlegable judge will help decide if your rigths were violated and how you can be compensated for such.

Holding court on the side of the road with a cop in the dark during a traffic stop is a good way to loose your rights, or loose your life. neither of which help the cause...

[walt4dun]

Thought I would share this, saw it in the USA Today last week.

12 States considering permit-less carry. Looks like SC may have a chance at joining the other Free States.
http://www.usatoday.com/news/nation/...its/53391932/1

Its appauling to me that as a state that was the site of more Revolutionary War battles than any other, had four Declaration of Independence signers, the 1st to Secede and fight for Southern Rights, and that is home to a large population of pro gun supporters must get a CWP to carry concealed and doesnt even have the option of open carry.

CWPs are an embarrassment and a slap in the face to our forefathers how died to ensure our Rights. Let SC take its rightful place beside the other Free States.

[TJ_11]

Since the beginning of this thread I have read through many articles. Out of the couple i found important, one said it depends on the state. But, the only real court ruling I found was in New Mexico. Here is the link... but in short, they say a police officers safety is more important than your rights...

http://reason.com/blog/2011/06/01/ne...court-rules-co

Now granted, this person was a felon and the gun was in plain sight, but I think that the ruling may apply to this situation, this is how the highers ruled it.

[turfgrass]

marsh chicken- you had me until the "loose" part...

[Coastal12]

Some people want to push the letter of the law just to test law enforcement...and hold court on the side of the highway. Letting an officer know you have a weapon in the vehicle is a good idea...period. Your civil rights are important, but so is your life and that officers life. That same "dumbass cop" who doesn't know the exact letter of the law may also not be the best trained cop either. Or he may just want to go home to his family, and be very nervous since most shooting occur during a traffic stop. So he may be a little quick on the trigger when you open your console to reach for your license and he sees you reaching for a gun. which if your walt...you lied about not having in the first place. Now when he shoots you in the face bc he is scared he is about to be shot as you reach for a weapon, your civil liberties won't matter much anymore. Bc you will either be dead...or your trial will play out in court and you will go to prison bc his dash cam captures you lying to a police officer who asked about any weapons in the vehicle. That same camera will then capture you reaching for that weapon, ie your insurance card laying next to it. But since you claimed you didnt have a weapon and your now reaching for it in the dark you stand a very good chance of being shot on the side of the road. Then people will get on internet forums and talk about how lucky that cop was, and how god was watching out for him, and the scumbag who tried to shoot him should rot in jail. You will then sit in jail telling all the other criminals in jail how you weren't trying to kill the guy, he just violated your rights. And they will be the only people in the world who believe you, besides your mother, bc thats exactly what every other dipshit in jail claims. I wasn't doin nuthin wrong, the cop set me up, my rights were violated.

Or...you could handle things the right way and not try and test the cop out on his law enforcement training on the side of a highway at 11 oclock at night. Tell him you have a gun in the vehicle and keep your hands where he can see them with your dash light on. Or ask him if it would make him feel more comfortable if you step out of the vehicle away from the weapon. If he gets pushy or you think he oversteps the letter of the law, be polite, take your ticket, and go to police headquarters and ask to speak with a supervisor. If that doesn't take care of the problem, then go get a lawyer, and take the matter to court where a professional and knowlegable judge will help decide if your rigths were violated and how you can be compensated for such.

Holding court on the side of the road with a cop in the dark during a traffic stop is a good way to loose your rights, or loose your life. neither of which help the cause...

This is also why I am as cooperative as possible. My license and registration are on my visor and my gun is in my center console (for that exact reason) and I tell him everything I am going to do before I do it. I just felt violated by the way he went about his business and I just simply want to know the law that allows the officer to do this. Also I just want to know the law so I can abide by it as well as make sure officers enforce it correctly.

[BigBrother]

Some people want to push the letter of the law just to test law enforcement...and hold court on the side of the highway. Letting an officer know you have a weapon in the vehicle is a good idea...period. Your civil rights are important, but so is your life and that officers life. That same "dumbass cop" who doesn't know the exact letter of the law may also not be the best trained cop either. Or he may just want to go home to his family, and be very nervous since most shooting occur during a traffic stop. So he may be a little quick on the trigger when you open your console to reach for your license and he sees you reaching for a gun. which if your walt...you lied about not having in the first place. Now when he shoots you in the face bc he is scared he is about to be shot as you reach for a weapon, your civil liberties won't matter much anymore. Bc you will either be dead...or your trial will play out in court and you will go to prison bc his dash cam captures you lying to a police officer who asked about any weapons in the vehicle. That same camera will then capture you reaching for that weapon, ie your insurance card laying next to it. But since you claimed you didnt have a weapon and your now reaching for it in the dark you stand a very good chance of being shot on the side of the road. Then people will get on internet forums and talk about how lucky that cop was, and how god was watching out for him, and the scumbag who tried to shoot him should rot in jail. You will then sit in jail telling all the other criminals in jail how you weren't trying to kill the guy, he just violated your rights. And they will be the only people in the world who believe you, besides your mother, bc thats exactly what every other dipshit in jail claims. I wasn't doin nuthin wrong, the cop set me up, my rights were violated.

Or...you could handle things the right way and not try and test the cop out on his law enforcement training on the side of a highway at 11 oclock at night. Tell him you have a gun in the vehicle and keep your hands where he can see them with your dash light on. Or ask him if it would make him feel more comfortable if you step out of the vehicle away from the weapon. If he gets pushy or you think he oversteps the letter of the law, be polite, take your ticket, and go to police headquarters and ask to speak with a supervisor. If that doesn't take care of the problem, then go get a lawyer, and take the matter to court where a professional and knowlegable judge will help decide if your rigths were violated and how you can be compensated for such.

Holding court on the side of the road with a cop in the dark during a traffic stop is a good way to loose your rights, or loose your life. neither of which help the cause...

Are you a LEO?

[Coastal12]

Since the beginning of this thread I have read through many articles. Out of the couple i found important, one said it depends on the state. But, the only real court ruling I found was in New Mexico. Here is the link... but in short, they say a police officers safety is more important than your rights...

http://reason.com/blog/2011/06/01/ne...court-rules-co

Now granted, this person was a felon and the gun was in plain sight, but I think that the ruling may apply to this situation, this is how the highers ruled it.

Good article, thanks. The ruling definitely pertains to this situation however I am really looking for something from a credible SC law website that would justify this.

[walt4dun]

I keep my weapon in the center console and my insurance and registration in an envelope in the glove box for that very reason.

I have the envelope and my DL in hand waiting on them by the time they get to the window. I want to show the officer right off the bat that I am respectful of his time and I would like the same in return. Give me my ticket and let me be on my way.

If he wants to be disrespectful of my time and fiddle fart around with stupid questions, I'll just smile real big and answer every one with "No sir."

[mcduck]

I keep my weapon in the center console and my insurance and registration in an envelope in the glove box for that very reason.

I have the envelope and my DL in hand waiting on them by the time they get to the window.

Then I smile real big and answer every question with "No sir."

i like your style..

[marsh chicken]

marsh chicken- you had me until the "loose" part...

sorry...I typed it on my ipad. predictive text is a bitch sometimes. That thing makes my grammer look like a 4 year old writes my posts.

coastal...its smart keeping your records in a seperate console from your weapon. In fact it is vital to your safety. Most cops are not out to get you. That doesn't mean that there aren't bad apples in the bunch. However, most want to watch out for their safety, make sure your not violating any major laws, and move on. Keep in mind LEO's are not there to give you legal advice or have a legal debate. Just because they ask you to do something doesn't always mean you have to do it. It also doesn't mean they don't have the right to at least ask you. But when you start questioning them or making their job harder, you better be damn sure your within your legal right to do so. Otherwise you risk getting yourself in deep shit. And that doesn't mean you don't have the right to do so...just be prepared for the ramifications if your wrong.