Question about firearms

You are talking about the Philando Castile case. He was killed by Jeronimo Yanez who later was found not guilty by a jury that touched off another wave of unrest in that area. The Castile family did get a 3 million settlement from the city! There are some videos all over youtube of this as it happened. I'm not going to post any here.

 

With all due respect, no sarcasm, and said with ONLY a helpful intent, do you ONLY want an answer to your question from truck drivers or is it more important to get the correct answer to your question, even if it comes from a non-truck driver? I ask because I learned for important questions, don't just ask the nearest guy. Ask the guy who's job it is to be right in whatever situation you are interested in. For example, if you are a plumber, carpenter, truck driver, school teacher, do you want to get investment, family matter, health, firearms questions answered by plumbers, carpenters, truck drivers, school teachers, etc or do you want answers from people that deal with that particular topic every day as part of their job? For me, I go find the people hat have to be right about that answer to make a living. It's more comfortable to ask questions of the people around us and the people like us, but being comfortable doesn't indicate if you are getting the right answer or just a commonly held wrong answer.

For firearms, especially the consequences of getting it wrong or being illegal can be so life-changing, I really suggest you ask gun experts that question (tell the cops if you are carrying a firearm, than accept what the truck drivers on this forum say about that question. The NRA has a web site for asking questions and getting answers in your state. NRA - ILA . Gun Owners of America and other web sites for gun owners are going to be a lot more familiar with the law in general and state laws about guns. Many gun trainers will tell you to inform the police if you are carrying a firearm at the earliest possible moment you contact cops. Some states require it, some states suggest it, and maybe some states have no law about it one way or another.

 

I never inform anyone that I am armed.
Only when asked by a LEO.

As in last year, in a confrontation w 3 others I simply opened my coat as they all approached me.
After the sheriff and police arrived I did inform the officer I was armed, but only after they had asked me.
He asked where it was and I stated on my right side in a thumb break holster.
Legal carry in WI. No further conversation.

Perps were disappointed that I wasn't arrested.
I wished them a good day on the CB as all 3 drove off and I grabbed some lunch.

 

I guess I was just asking in general. Not looking for expert advice or anything on here. Just throwing out a question to see what other think, I guess you could say. I know some states you have to inform leo if you’re armed and others you dont. I wasn’t suggesting you break the law or anything.

 

Thanks for the info. I’m a member of uscca and use their info a lot, but this is just as good.

 

Thank you. They are a good source.

 

I understand what you're saying. It's a good question to ask. You are smart for asking.

 

My background: various law classes amounting to 18 college credits. Hardly a law degree let alone practicing attorney. My education Included US Constitutional Law and USSC case precedent. Friends & Family in policing, prosecution & criminal defense. A close friend that does pro bono appellate level cases to the USSC. Chewed much fat with these folks over the years and my naive' eyes were opened wide! I'm certainly not an expert possibly informed more than most?

The truth: Practice your own informed law and be prepared to lose liberty, money and time. It's just the way it is. Cops are people, the good the bad and the ugly. Some agencies give the officer discretion and many play by violation = citation.

The Cliffnotes version: Have a sizable nest egg for legal fees and loss of employment even when you are within your rights.

The police have to have reasonable suspicion that you have committed an infraction (municipal violation) or a crime to detain you.
That reasonable suspicion, an equipment or traffic violation then becomes the legal pretext for an articulable (probable cause) search of your vehicle. For example the police smelled the odor of intoxicants or the unburnt/burnt smell of marijuana. Your pupils were dilated and you were sweating profusely, in your expertise as part of drug interdiction unit of your agency, traits attributed to amphetamine usage (reasonable suspicion) and then the The horizontal gaze nystagmus test, the walk and turn test or the one-leg stand test, probable cause to effect an arrest assuming you were operating a motor vehicle.

You do not have to consent to a search if they have reasonable suspicion. You don't have to consent to a search if they have probable cause, 5th amendment specifically the right to avoid self incrimination. Mobsters and Donald Trump pleading the 5th. Your ONLY recourse are the courts and not non-compliance with the authority attempting to investigate a crime right or wrong.

Private businesses/Military installations are just that. Private and one step removed from our constitution. If a condition of your entrance is them searching your vehicle, you and your company have no other recourse then to comply if they deny you entry. Just like if you open carry or have a concealed carry license and decide to be flashy and i tell you to get out of my restaurant. Do it or it's the very definition of trespassing (state) and/or disorderly conduct (municipal).

Unfortunately with all of these rights come a responsibility that puts you at a disadvantage over the criminal who doesn't care about the law, your rights, let alone whats right or wrong. It's why gun control is such a stupid buzz word/topic. Procurement by criminals has been and will always be the issue.

Where it becomes interesting in my opinion is case law/precedent in how authorities treat your truck as a domicile. I would suspect that the USSC feels VERY strongly in that regard as you do sleep, eat and live out of it the majority of the year. However authorities would still be allowed normal access to the driving part of your vehicle as a commercial vehicle operator. In their investigations they note an illegal or prohibited item in plain sight in your living area, they are now allowed to pursue the fruits of their labor as you had no reasonable expectation of privacy. If you pulled your curtain closed and they opened it they had better have exigent circumstances (your lot lizard screaming for help) probable cause or better yet, a warrant.

Interesting case law I'm familiar with as i worked for Lear Corporation at another location. They fired a man in Kentucky for having a firearm in his car in the companies parking lot. He got back pay and reinstatement but at what cost? I understand that it's approx. 100k to hire an attorney to appeal to your state and then the United States Supreme Court.

For a brief time ages ago i worked for a local agency that had to detain and interrogate a local well respected Doctor who shot a home intruder in his back going into his sons bedroom at 1am. even though he told the intruder to leave. That scumbag actually found some ambulance chasing attorney to take his case and the Doctor was removed of 25k that he hill never see from the indigent crackhead that violated the sanctity of his family's home.

My State (Wisconsin) has a reciprocity agreement with many other States. https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/wi-gun-laws/
As a concealed carry holder i wont be carrying a firearm for protection in my company truck. It's too convoluted of a process that puts your livelihood in jeopardy.