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Running serial number/e-trace during traffic stop... legal?

Thundar

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Sep 12, 2007
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swillden wrote:
NavyLT wrote:
It is illegal for the cop to run the serial number of the gun during a traffic stop.

Arizona v. Hicks

http://supreme.justia.com/us/480/321/case.html
I don't think that applies.

What the court held was that when the officers moved the objects in order to obtain their serial numbers, that constituted a search. When the officer takes your gun, during a traffic stop, he doesn't have to do anything make the serial number visible.

I have electrical tape over my serial number to protect the numbers and my privacy.

DON'T DO THIS IN CALIFORNIA! They have a law there that makes it illegal to cover a serial number for anything, including guns.
 

Thundar

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swillden wrote:
NavyLT wrote:
It is illegal for the cop to run the serial number of the gun during a traffic stop.

Arizona v. Hicks

http://supreme.justia.com/us/480/321/case.html
I don't think that applies.

What the court held was that when the officers moved the objects in order to obtain their serial numbers, that constituted a search. When the officer takes your gun, during a traffic stop, he doesn't have to do anything make the serial number visible.

I have electrical tape over my serial number to protect the numbers and my privacy.

DON'T DO THIS IN CALIFORNIA! They have a law there that makes it illegal to cover a serial number for anything, including guns.
 

zekester

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Uvalde, Texas
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Thundar wrote:
swillden wrote:
NavyLT wrote:
It is illegal for the cop to run the serial number of the gun during a traffic stop.

Arizona v. Hicks

http://supreme.justia.com/us/480/321/case.html
I don't think that applies.

What the court held was that when the officers moved the objects in order to obtain their serial numbers, that constituted a search. When the officer takes your gun, during a traffic stop, he doesn't have to do anything make the serial number visible.

I have electrical tape over my serial number to protect the numbers and my privacy.

DON'T DO THIS IN CALIFORNIA! They have a law there that makes it illegal to cover a serial number for anything, including guns.
If I may add...in some juristicitions the hiding of a serial number could betaken as "defacing a firearm"...which is illegal in most places..
 

Thundar

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Newport News, Virginia, USA
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zekester wrote:
Thundar wrote:
swillden wrote:
NavyLT wrote:
It is illegal for the cop to run the serial number of the gun during a traffic stop.

Arizona v. Hicks

http://supreme.justia.com/us/480/321/case.html
I don't think that applies.

What the court held was that when the officers moved the objects in order to obtain their serial numbers, that constituted a search. When the officer takes your gun, during a traffic stop, he doesn't have to do anything make the serial number visible.

I have electrical tape over my serial number to protect the numbers and my privacy.

DON'T DO THIS IN CALIFORNIA! They have a law there that makes it illegal to cover a serial number for anything, including guns.
If I may add...in some juristicitions the hiding of a serial number could betaken as "defacing a firearm"...which is illegal in most places..
IANAL and every jurisdiction will interpret laws differently, but I have more than one handgun and oneshotgun where grips or other accessories hide the serial number. In most places the law says that you cannot obliterate the serial number or other markings.
 

SlackwareRobert

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NavyLT wrote:
swillden wrote:
NavyLT wrote:
The plain sight rule for the serial number of the gun is simply ludicrous. You take a gun out of my holster for your safety and try to tell me that the mere act of removing the gun from my holster causes the serial number to come into plain view and you can obtain it and call it in without having to actually look for it.
Would it also be ludicrous for the officer to arrest you for a baggie of weed that fell out of your holster when the officer removed the firearm?

You have repeatedly ignored this parallel scenario. Please address it. Would it be different? If so, why?
That's easy. The baggie of weed the fell out of the holster is illegal to possess. The officer must take no additional actions to prove that the possession of the substance was illegal. It is illegal on face value. The officer must take ADDITIONAL and UNWARRANTED action, an ADDITIONAL SEARCH in order to check that the gun is a stolen item. AND - let's go one step further... EVEN IF the firearm is stolen, and I possess it, I still have not broken any laws! It is not illegal to possess a stolen firearm! It is only illegal to knowingly receive a firearm that is known or reasonably believed to be stolen! So the officer STILL, even if the gun comes back stolen, has not proven a crime has been committed!

There is NO LEGITIMATE reason to run the serial number of a gun lawfully possessed by a citizen not charged with a crime related to that gun.
It's only illegal if you don't have a dope head prescription. Can he force you
to show it without probable cause the weed isn't a medically authorized prescription?
Besides everyone knows you don't store expensive weed in your holster where
a ND would blow your stash away, or worse you pull it to stop a mugger,
and now have to take your eyes off of him to pick up your joints.:lol:

So it is up to you to devise a way to hide your serial numbers, or tape him
breaking the law. Crooks are not required to assist you in capturing them.
You do not answer the question about weapons in a traffic stop, you ask if he
thinks a weapon was driving the car or holding you hostage. Once you both agree
that you were in control of vehicle when it was pulled over, you can move on to
what violation he claims you made. Most have a bad attitude when confronted
with the truth, you just have to deal with it.
Can't find a pistol without the numbers on the port, get a revolver.

No one here has ever said exercising your rights is easy, and can be quit dangerous.

If they would just admit they make databases, I would be more than helpful
and consider it a challenge to get a gun listed on all 57 states.
The only way you will keep an OC piece out of the system is to have it in every
system. :banghead: Just think about it, if you are pulled over for a cracked tail light,
and your gun is registered in chicago 3 hours ago, but you are 285 miles south of
there, it would be incriminating you if they run the numbers.
So the only way you can stop them from breaking the law is for you to break the law.

Simple solution is to have a throw away piece for them to run. Since being pulled
over has nothing to do with breaking a law, you don't have the option of just obeying
the law.

Carry something they have never ran across. Now for officer safety they can't touch
it, and must leave it in the holster. This is why I want a tasered holster, now for OS
they must not touch it ever. Fail safes, and activation is a real mother, can't have a
holster zap you if you are drawing to save your life. But technology is always
improving, so it will happen someday. Shame I can't trust these embedded
chips to not have back doors, and broadcast to the government, implant a chip
keyed to your holster and only your hand can draw it would solve everything
except self defense while being tasered. That has gotta make EM problems.
 

zekester

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There will never be a "tased holster" for the general public, it would be considered a "booby trap",,,

Z
 

sedjester

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Jul 20, 2007
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West Valley, Utah, USA
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Speaking of covering the serial number on a pistol's ejection port, how about taping some real thin paper over it. That way when it is fired the empty cartridge will rip through the paper. Not sure if that would be safe or not... just a thought.
 

aadvark

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Checking for Wwants/Stolens against any Firearm you have during a Tier I or Tier II encounter with Police, absent a full-blown Arrest, seems, at least to me, Illegal.

This would, in my Opinion, Violate your 4th Amendment Right.

You do not have to consent to Unlawful Search and Seizure.
 

SlackwareRobert

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sedjester wrote:
Speaking of covering the serial number on a pistol's ejection port, how about taping some real thin paper over it. That way when it is fired the empty cartridge will rip through the paper. Not sure if that would be safe or not... just a thought.
Alas, when the leo clears the chamber the round will remove it for him. That
is why you have to stop him before the defensive tool gets away from you.
Now if you can figure a way to auto enguage the slide catch when operated
by hand, so he would have to release the slide (an action) to see the number.
Lets see how he explains that an open chambered pistol is a danger to him.
He will tell the judge that he unloaded it for officer safety reasons. Or you
move to california so there is no round to knock it out.:banghead:


Electric fences are not considered booby trapped. Are only land owners
allowed to have rights still? I know I need to protect my holster from
marauding cattle. Have documented instance of an entire gang lunging for it.
Couldn't be me I'm just a harmless fuzz ball with to much time to think. :shock:
 
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