Let’s say you get pulled over, you comply with officers orders, you tell them you have a firearm, and they ask you to step out of the vehicle, as of then they take your firearm out and temporarily disarm you.
The question me and my dad are looking for, is it legal for the officer to run the numbers on your firearm, or would it be considered an illegal search if you declared that you do NOT consent to any Search and Seizures?
I believe in some states an officer may ask you to let him hold your firearm for his safety. Then he returns it once you come back clean. I never heard of them running a serial number, it seems uncommon.
Good question. Let’s ask for an opinion from @MikeBKY .
I don’t see how doing a search on your firearm’s serial number would be any different than running the plates on your vehicle. Is it because the officer forced you to hand over your firearm?
They can do most anything They want in the moment. You can complain later.
Yes they can. Whether they do or not is up to them. They asked, you complied.
So, you are saying that if they asked you to step out of the vehicle and disarm you would tell them no?
My grandfather told me to always comply with LEOs. Live to file a complaint the next day.
This is really difficult to answer because the laws are so different between jurisdictions. In Kentucky, open carry is protected by the Kentucky Constitution and concealed carry is allowed by any person 21 and over who is not otherwise prohibited by law by statute. An officer would need to be able to articulate why they disarmed a person if they are going to even temporarily seize a weapon. Officer safety is a possible reason, but, they would still need to be able to articulate what it was that heightened their level of fear other than the person merely in possession of the firearm. If it is seized and the seizure is legitimate, I believe checking the serial numbers would probably be considered legitimate as well.
Got a question, is running serial numbers really “valid.” Obviously if it shows as stolen it is a problem. However, unless you live in a state that has registration, no ownership information on the firearm should be available since we do not have registration.
I think it opposite, they don’t look for guns that aren’t stolen, they have no record of that. They look for guns on the stolen list.
Around here if you tell a cop you have a firearm they ask where and then tell you don’t pull it out, not to reach in that area, then his partner keeps an eye on you…
I am not a lawyer. My lay-person thinking-out-loud on that, is that it may be different from running plates on your vehicle because of the legal requirement to register your vehicle in order to operate it on public roads, as well as the fact that, as far as I know, there is no Right protected by the Constitution from infringement to operate a vehicle on a public road, while there is such a Right yad yada to Keep and Bear Arms.
There is also the fact that your license plate is necessarily publicly visible while operating your vehicle in public, but, your firearms serial number probably is not.
So, to me, running your firearm’s serial number and running your license plate feel very different
It has happened. The gun store received a phone call from a gun purchaser that he had been pulled over and the LEO found his gun was registered to someone else, as his words were! I am not sure of the outcome of his situation, but it seemed a little sketchy.
In what state did that occur?
Since WA does not register guns, that isn’t really making a lot of sense
Nebraska has this in their statute"
So I would attempt a NO!!! I’ll secure it myself.
It’s not a matter of if we comply it’s a matter of are they secretly registering the firearm to our name.
That’s hardly a secret, anymore.