Traffic Stop with Firearms in Car

[swinokur]

I'm guessing it's intentional like the misspelled regrets in the tattoo ad.

 

[redeemed.man]

Designated collector has more leeway on transport.

A bona fide collector has more leeway with transport.

No

The one word answer of "no" doesn't give the full story.

https://r.tapatalk.com/shareLink?ur...share_fid=5618&share_type=t&share_pid=4410943

The Law and carrying a firearm at a gun store

 

[esqappellate]

We don't condone advising anyone to break the law by lying. It's a violation of forum rules.

This is complicated. First, making a false statement to a FEDERAL LEO is a felony in violation of 18 U.S.C. 1001. That covers "whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. Ask Martha Stewart about Section 1001. Lesson: Don't lie to the FBI (or any other Federal Leo), if you don't want to respond, invoke your right to be silent and your right to counsel.

MD State law is different. Md. Code Ann., Crim. Law § 9-501 (recodifying former Art. 27, § 150), provides that “(a) A person may not make, or cause to be made, a statement, report, or complaint that the person knows to be false as a whole or in material part, to a law enforcement officer of the State, of a county, municipal corporation, or other political subdivision of the State, or of the Maryland-National Capital Park and Planning Police with intent to deceive and to cause an investigation or other action to be taken as a result of the statement, report, or complaint." That's a misdemeanor that makes the person "subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both."

In Johnson v. Maryland, 75 Md.App. 621 (Ct. of Sp. Appeals 1988), cert denied 316 Md. 675 (1989), the intermediate court of appeals of Maryland applied Maryland precedent and held that "we do not believe the giving of false information in response to routine questioning by the police, even though it is likely to hinder or delay an investigation already underway, is the type of false statement, report or complaint that comes within the “false alarm” public mischief the General Assembly intended to criminalize when it enacted § 150" Rather, the statute covers "the making of false reports to the police which cause the police to conduct investigations that divert them from their proper duties of preventing crime and investigating actual incidents of crime." That's much more narrow than Section 1001.

This holding in Johnson was confirmed by the MD Court of Appeals in Jones v. State, 362 Md. 331, 765 A.2d 127 (2001), which reaffirmed its post-Johnson prior opinion in Choi v. State, 316 Md. 529, 560 A.2d 1108 (1989). The Court stated in Jones that "under Choi, the offense of making a false statement to a police officer is not committed by one who, during an ongoing investigation, answers an investigating police officer's inquiries untruthfully. The offense is only committed by one whose false statement causes the police initially to undertake an investigation or other action" (765 A.2d at 130). See also In re Heather B. 369 Md. 257, 799 A.2d 397 (2002).

This is not to say that lying to a state LEO is ok and I am not recommending it. It just may not be criminal, in and of itself, in very specific circumstances. This can get complicated very quickly. Consult your lawyer.

 

[traveller]

This is complicated. First, making a false statement to a FEDERAL LEO is a felony in violation of 18 U.S.C. 1001. That covers "whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, ........

In the example above, that would include the coastie. By lying in that situation, one has the unique opportunity to turn something merely unpleasant and possibly expensive into a federal felony .

 

[swinokur]

If it MAY be a violation of the law, it should not be advocated here.

 

[whitey09]

Is the "no regerts" part of your signature? If so it is misspelled and you may want to correct it. Should be "no regrets".

Im using Tapatalk and yes, its part of my signature. I know its misspelled, it is misspelled on purpose......and I have no regerts. ;-)

no regerts

 

[redeemed.man]

Im using Tapatalk and yes, its part of my signature. I know its misspelled, it is misspelled on purpose......and I have no regerts. ;-)

no regerts

Cool

 

[Blacksmith101]

Is the "no regerts" part of your signature? If so it is misspelled and you may want to correct it. Should be "no regrets".

But isn't that's how it is spelled in the TV ad of the guy getting a tattoo?

 

[good guy 176]

Should he have denied it to the coast guard ?

Yes, and double YES if anywhere near NY or NJ. None of their businsess as they would have no reason to go into that safe without just cause...drugs on board, sniffer dog alert, etc.

None of us obey the law to the letter; why should it be different with guns and ammo. I don't promote anarchy, but I/we were lied to way to often during Vietnam and during the f.... sandbox conflicts that followed for me to get too concerned about illegal laws passed by a wad of pansies at the Federal and State level. FTAll!!!

Lew--Ranger63

 

[outrider58]

NEVER VOLUNTEER!!! ANYTHING.

 

[Tomcat]

Just got pulled over Friday evening. There was supposedly a BOLO for a truck that matched mine. She asked me where I was coming from and I told her Hole in the Wall Bar which is about 1/4 mile from where this happened. The look on her face when I admitted to coming from a bar was priceless, until I told her we own it and had just stopped by to make sure the ATM was good to go for the weekend. The subject of the black gun and 2 handguns in the back of the truck never came up.

 

[POP57]

I know that this is a post about Maryland law, but there are states that require you to declare even if not asked.

 

[redeemed.man]

I know that this is a post about Maryland law, but there are states that require you to declare even if not asked.

And I only do so (notify) in those states. North Carolina for example. Other than that my thought process is identical to swinokur and many others in the thread "nothing illegal in my vehicle sir".

 

[POP57]

And I only do so (notify) in those states. North Carolina for example. Other than that my thought process is identical to swinokur and many others in the thread "nothing illegal in my vehicle sir".

I believe Ohio is to but I haven't checked it out recently.

 

[HordesOfKailas]

I would only mention firearms if explicitly asked.

I was pulled over for a broken tail light in Rockville on my way to United Gun Shop (legal destination). Had my MD legal AR pistol in the backseat in my giant, overt range bag. Cop must have noticed the bag as I made no effort to hide it. But he never said anything about it and I never offered info unnecessarily. He gave me my warning, I thanked him and assured him I'd get it fixed ASAP, and we parted ways. I don't think he wanted to have to look at the gun any more than I wanted to needlessly declare it.

 

[redeemed.man]

I would only mention firearms if explicitly asked.

I was pulled over for a broken tail light in Rockville on my way to United Gun Shop (legal destination). Had my MD legal AR pistol in the backseat in my giant, overt range bag. Cop must have noticed the bag as I made no effort to hide it. But he never said anything about it and I never offered info unnecessarily. He gave me my warning, I thanked him and assured him I'd get it fixed ASAP, and we parted ways. I don't think he wanted to have to look at the gun any more than I wanted to needlessly declare it.

Even then I wouldn't unless the law requires disclosure. I certainly respect your opinion though. I just don't see the need to add an additional variable into a law enforcement encounter unless the law requires it. When traveling I obey the laws of whatever state I am traveling in.

 

[HordesOfKailas]

Even then I wouldn't unless the law requires disclosure. I certainly respect your opinion though. I just don't see the need to add an additional variable into a law enforcement encounter unless the law requires it. When traveling I obey the laws of whatever state I am traveling in.

All I meant was that if the cop had explicitly asked me "Is there a firearm in your backseat/in that bag?", I honestly don't have the balls to lie or avoid the question. More power to those of you who have the responses dialed in ahead of time. I'm a young, brown guy who people think is either Muslim or Hispanic (I'm neither). I'm not about to push my luck with a random MD cop.

 

[redeemed.man]

All I meant was that if the cop had explicitly asked me "Is there a firearm in your backseat/in that bag?", I honestly don't have the balls to lie or avoid the question. More power to those of you who have the responses dialed in ahead of time. I'm a young, brown guy who people think is either Muslim or Hispanic (I'm neither). I'm not about to push my luck with a random MD cop.

Understood and I do respect your opinion for sure. While walking down the street (almost twenty years ago) I had an incident where two young inexperienced officers pointed guns at me in Maryland when I notified them I was legally carrying. Never again.

 

[good guy 176]

Always good to have your unrestrained opinion Lew.

Oh, the moderator will be knocking on my door shortly and likely hand me a restraining order...I have not been counseled lately. I am old, crusty, been through hell and high water and SURVIVED. I sound off and let er rip when I cannot deal with the ingrates who show up here from time to time.

Lew--Ranger63
Laurel, MD 20769

 

[Pinecone]

A bona fide collector has more leeway with transport.

The one word answer of "no" doesn't give the full story.

The Law and carrying a firearm at a gun store

So if you buy one handgun, get your DC, you are somehow a bona fide collector?

Look up the definition of bona fide.

Have fun explaining that one in court.