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The Range
Law & Order
Is Doug Friesen's advice to never touch the gun, or consent to search good advise?
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<blockquote data-quote="henschman" data-source="post: 1993387" data-attributes="member: 4235"><p>Yes, it's good advice. I will add that the only things you are legally required to do are to tell them is that you have a firearm in your possession, and to show them the license. You don't have to tell them where the firearm is, what condition it is in, etc. If asked about this, you can just tell them that you are not legally required to answer that, and you would prefer not to talk about it. Also, it is generally best to already have the handgun license out when the cop comes up to your door, so you don't have to go reaching into your pockets right after you tell him you have a gun. As was mentioned, you should stay calm and polite. Even if they are trying to escalate the situation with angry or rude talk, don't escalate it further. This can lead to places where you don't want to be, especially when both parties are armed. Though you should refuse consent for searches and seizures and you don't have to tell them any more than is legally required, it is generally prudent to follow any orders they give you, even if it is an unlawful one (it can always be challenged later in court if need be). If it was a valid stop to begin with, they always have the legal authority to have you exit the vehicle, so it doesn't do any good to protest this. As was said, close the door when you get out. If you can, roll up the window and lock the doors. If they start patting you down, trying to take your gun, or searching your car, remind them that they are doing this without your consent. Don't resist physically though, not even slightly. That is when bad things really happen.</p></blockquote><p></p>
[QUOTE="henschman, post: 1993387, member: 4235"] Yes, it's good advice. I will add that the only things you are legally required to do are to tell them is that you have a firearm in your possession, and to show them the license. You don't have to tell them where the firearm is, what condition it is in, etc. If asked about this, you can just tell them that you are not legally required to answer that, and you would prefer not to talk about it. Also, it is generally best to already have the handgun license out when the cop comes up to your door, so you don't have to go reaching into your pockets right after you tell him you have a gun. As was mentioned, you should stay calm and polite. Even if they are trying to escalate the situation with angry or rude talk, don't escalate it further. This can lead to places where you don't want to be, especially when both parties are armed. Though you should refuse consent for searches and seizures and you don't have to tell them any more than is legally required, it is generally prudent to follow any orders they give you, even if it is an unlawful one (it can always be challenged later in court if need be). If it was a valid stop to begin with, they always have the legal authority to have you exit the vehicle, so it doesn't do any good to protest this. As was said, close the door when you get out. If you can, roll up the window and lock the doors. If they start patting you down, trying to take your gun, or searching your car, remind them that they are doing this without your consent. Don't resist physically though, not even slightly. That is when bad things really happen. [/QUOTE]
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Is Doug Friesen's advice to never touch the gun, or consent to search good advise?
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