Gun Owners & Law Enforcement
Published by The Law Offices of Bruce Colodny
By Bruce Colodny, The California Gun Attorney
Revised & Copyright © 2023
Encounters between California gun owners and law enforcement personnel are often stressful and may have
unfortunate consequences. This article offers practical suggestions to minimize the likelihood of problems.
Later in the article you will find basic advice to follow, if you have a close encounter with law enforcement.
In addition to preventing arrest, seizure of firearms, and subsequent criminal prosecution and conviction, the precautionary measures that are suggested are intended to assist you with avoiding traffic stops, shortening the time you are detained if you are subject to a traffic stop, and to avoid the violation of your constitutional rights to the privacy and security of your person, your home, and your property.
If you choose to venture out with a firearm, each time you prepare to leave, think about what you are about to do from the perspective of an observer who does not know you, or your intentions. This thoughtful examination can also work well for law enforcement personnel.
Before transporting guns in a vehicle, check for defective lights and turn signals to reduce the likelihood
of a traffic stop. Avoid unsafe driving, particularly speeding, changing lanes without signaling, following too close, and erratic steering. Imprudent driving often provokes a thorough inspection of the vehicle, its contents and the driver.
If you are transporting firearms, to avoid potential grief, your firearms should be in a closed and locked container or in the trunk of your car, but not the utility or glove compartment of a vehicle.
Before you place guns in a vehicle, do not rely on someone else; you should check each and every one thoroughly to make sure it is, in fact, completely unloaded and empty. If practical, ammunition and detachable magazines should be transported in a separate locked container. If your vehicle does not have a trunk, consider transporting your firearms in a locked container which is commonly encountered, but not normally
associated with firearms. Examples include toolboxes, hard-sided luggage, musical instrument cases, and car-top cargo boxes.
Although, under very limited circumstances, it may be legal to carry or transport an unloaded firearm in
plain view, the mere sight of an unloaded and lawfully possessed firearm substantially increases the chance of an otherwise unnecessary encounter with law enforcement.
Despite your First Amendment right to do so, when transporting firearms in California, this law office recommends that you do not advertise your interest in guns. Never wear anything advocating violence or antisocial behavior. Leave firearms logo clothing and tote bags at home.
When taking firearms into or out of your dwelling or a motor vehicle, plan your activity to avoid or minimize
exposure of the firearms, even if they are cased. If you are moving, consider transporting unloaded guns in a wardrobe box, lamp carton, blanket box, or foot locker and remember that in California, assault weapons and concealed handguns must be transported in locked containers.
Every time you are transporting firearms not on a license to carry a concealed weapon (CCW), think ahead and make your trip one direct and continuous journey to your destination.
If You Are Stopped By Law Enforcement:
Always remember you have no duty to incriminate yourself and you have the right not to incriminate yourself. Listen carefully to each question. If you were driving, you may be asked if there are firearms in the vehicle. You are not required to answer this question however, if you refuse to answer, expect an immediate confrontation. To avoid this predicament, make certain that everything in your vehicle is being transported lawfully.
Unless asked to reach for something, keep your hands in plain sight. Be prepared to display your current driver license, vehicle registration and proof of insurance. An example of not being prepared is when your registration and insurance card is in the glove compartment underneath the handgun you are not licensed to carry.
If you are stopped while driving, expect the law enforcement officer to know the registered owner of the vehicle, and whether the registered owner has registered assault weapons or a license to carry a concealed weapon (CCW). This information is often available even if you are driving outside your home state. Also expect the law enforcement officer to be aware of outstanding parking or traffic tickets associated with the vehicle or warrants for the registered owner.
If you are driving with an invalid driver license, if the registration or insurance coverage is expired, if the
vehicle has equipment violations or is damaged in an accident, the vehicle is likely to be towed, impounded and searched.
Remember that making a false statement to law enforcement may be punished more severely than whatever you did to attract unfavorable attention.
Finally, if you expect to be arrested, or cannot truthfully answer a question without incriminating
yourself, say nothing or simply state that you would like to consult your attorney.
General Advice If You Are Arrested
Identify yourself but do not discuss your case with law enforcement or other inmates; and
If asked for consent to search, refuse, but do not obstruct law enforcement if they proceed.
California Penal Code
"immediately upon being booked, and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls.... At no expense if the calls are completed to telephone numbers within the local calling area."