LEO's checking gun serial #'s?

[muledeerarea33?]

If a person is pulled over for whatever reason, by whatever agency and has weapons on the vehicle, which the person declares at the time if the stop. Does the officer have a legal right to run a serial # of said weapon? I was pulled over for going 40 in a 35 mph zone, my insurance/reg. is where I keep my pistol. I told the officer I have a pistol and asked if it was ok if I put it on the dash while I got the paper work. He was ok with it, so I did, found my info and he said he had to run the # for my gun. I tried to talk him out of it for a few minutes but finally gave in (its legal, nothing to hide) I understand they are doing their jobs and I support that but, is it legal to run a serial #? If it is great, if not great too. Just wondering. I'd rather not have any one know what I have. Follow up, what happens to the info when they run it? Is that gun tied to me? Is it only checked for being stolen/used in a crime? I'd like to hear any LEO oppinion

[AverageJoe]

It is only checked to make sure it is not stolen and yes perfectly legal. There is a national database of any reported stolen weapon. I was AZ Highway Patrol and running a weapons check is standard on any weapon discovered on a traffic stop.

[Snapshot]

running a S/N without probable cause is a clear violation of the SCOTUS decison in AZ V. Hicks. AZ V Hicks found that running serial numbers found that have no bearing on the original crime/search are considered a separate search. Therefore, there must be probable cause to do so. If I'm stopped for speeding, runnin the SN of my firearms is completely separate from the original stop and therefore a separate search.

 

Lots of grey area involved in this.

 

This info is from another site.

[elkhunter]

I hope my 357 mag turns up in a search, however we get pulled over a lot when we pull trailers, cops claim out blinkers don't work but they always do, always have to prove them wrong on the side of the road.

 

We always tell em we have weapons in the truck, like 5 different guns, hate to see them go through serial check, like snapshot said, it's a traffic violation and it's not related to firearm violation

 

 

[muleskinner]

I have been stopped numerous times here in New Mexico, always with a firearm in plain site. Never have had a state trooper or a county sheriff run serial #s on my guns. Is that specific to Az?

[muledeerarea33?]

I didn't think it was legal. I was pulled over last year by highway patrol for "following too closely" same situation except that time I refused to give my weapon, a commanding officer was called to the scene and said I didn't have to turn over my gun for a check. I wasn't sure if every agency was the same?

[AverageJoe]

Guess i never had anyone object to it. Not sure why you would? Just like running your plate when you are pulled over and running your license to make sure you dont have a warrant. It is part of knowing who you are dealing with. How does the law enforcement officer know what kind of person you are? Running the weapon is not a violation of your rights. During the stop if you have a weapon (handgun not hunting rifle that is cased) the officer should take possession of that weapon to ensure his safety. Since he or she has possession it is common sense to run the sn to make sure it is not a stolen weapon. There is no reason to be paranoid or think you are now "inthe system" or something like that, unless you have a stolen weapon or bought it from someone shady.

[PRDATR]

My guess is you in your late teen or early twenties and something about yor vehicle or the way you presented yourself gave the officer the impression you weren't on the upnup and figured he had better than a 50/50 chance be could bust you for something. Legal smegal. Don't fret it unless you have something to hide.

 

Don't speed and you won't get pulled over.

[muledeerarea33?]

I guess 5mph over is speeding, wont argue there. I had a shooting bench in the bed of my truck, NRA targets in plain sight and pry 5 ammo boxes of various calibers in plain sight. I'm 29, drive a stock Tacoma 4x4 and had just left work. Like I said, I can't argue withe going 40mph in a 35 mph zone but really? I won't say I was harassed by any means, my question was is it legal to check a serisl# regardless of what my original crime was. I didn't get a ticket by the way and the cop was very cool with me, this isn't an enforcement complaint at all, it's a legal question.

[ready2hunt]

I'll 2nd Averagejoe. It is perfectly legal just as running your vehicle VIN #. Just because the plate matches the general description does not mean the car is not stolen. Many auto theft rings operate under this MO. Just depends on how much the officer wants to get into.

 

Read your Title IV and understand your rights to "Search and Seizure." Its annoying to spend time on the side of the road but a good attitude goes a long way. Once there is probable cause to pull you over and you are actually pulled over then you are in a state of "investigative detention" (which is much different than being under arrest).....there is a lot they can investigate at that time and some things LE cannot.

 

I tell people all the time....A.R.S. are like the tax codes....very few people actually spend the time to read them unless they work in that field. But those who do use them to their advantage.

[muledeerarea33?]

What are the some they can't? It wasn't a big prolbem, the Leo was a good guy as I was, I know they have a job to do and don't know me from Adam. Thanks for the answers.

[ready2hunt]

What are the some they can't? It wasn't a big prolbem, the Leo was a good guy as I was, I know they have a job to do and don't know me from Adam. Thanks for the answers.

 

Depends on the situation however lets say you are arrested. The car can now be searched without your permission but case law dictates that the trunk cannot be searched as it is considered a different space. A warrant though can remedy this (and judges hate being woke up in the middle of the night). You have the right not to incriminate yourself and you do not have to declare that you have a weapon in the vehicle if you are pulled over but as mentioned previously...things go a lot more smooth when you're up front and don't have anything to hide.

[DesertBull]

Maybe they are trying to round up Eric Holder's missing guns.

 

IMO, it's perfectly OK for them to ask, but if I refuse then they need to either get a warrant or move on.

[6ANut]

My dad is a lawyer for over 30 years in the valley and he said the only way he could legally run your serial number is if it general description was involved in a specific crime. If u said no to letting him run your sn he would have to get a court order to run that gun for a specific crime. Most judges would laugh at that warrant. If the gun came up stolen or from even another crime legally the court would have to throw your case out(gun evidence) due to the fact your gun was initially seized on a warrant that was not valid. Kinda crazy world we live in.

[muledeerarea33?]

6Anut, So your saying if I don't comply to the check, they will seize my weapon and try to get a court order? And if I comply, my rights are violated but I'm going thru alot less hassle?