So, can someone answer the question about is it illegal to lie to the police about the status of a weapon in the vehicle? As I said during a Terry stop one must identify themselves truthfully or it is illegal. BUT, what is the legalities of lying about the presence of a firearm?
Gunner
So, can someone answer the question about is it illegal to lie to the police about the status of a weapon in the vehicle? As I said during a Terry stop one must identify themselves truthfully or it is illegal. BUT, what is the legalities of lying about the presence of a firearm?
Gunner
To the OP:
Just know that if you choose not to inform (and you will be well within your rights to do so) and the LEO somehow is surprised to find a gun you didn't tell him about, it will most assuredly NOT go well for you. Be prepared to eat gravel or asphalt and to be disarmed forcefully.
Why would you lie rather than simply remaining silent if you don't want to tell them or answer their question?
One of those two choices is a protected right.
They may have the physical power to accomplish that but they lack the authority or protection of the law if they choose to.
The follow up will not go well for them if they overreact in such manner.
One is only required to identify one's self if they have committed an infraction or ordinance violation. Terry has nothing to do with it.So, can someone answer the question about is it illegal to lie to the police about the status of a weapon in the vehicle? As I said during a Terry stop one must identify themselves truthfully or it is illegal. BUT, what is the legalities of lying about the presence of a firearm?
Gunner
One is only required to identify one's self if they have committed an infraction or ordinance violation. Terry has nothing to do with it.
...would it come up running your plate...
For a Terry stop the officer must have RAS that a person is committing a crime, is armed, and is dangerous. Refusal to id one's self only applies, in Indiana, to infractions and ordinance violations, not more serious crimes. Example 1: You are stopped for having a tail light burned out, an infraction, you are required to id yourself per Indiana law. Terry does not apply because there is no RAS that you are either armed or dangerous. Example 2: An LEO sees you firing shots into the liquor store that you just held up. He has RAS that you are armed, dangerous, and have just committed a crime. Terry applies. When apprehended, you have no legal obligation to id yourself, because armed robbery is a felony not an infraction or ordinance violation.
I stick by what I said.
The real answer is "maybe". It wholly depends upon the totality of the circumstances. There is not, cannot, and should not be any kind of "boilerplate" response/answer. Because as soon as you start doing that, you'll very quickly find out that the boiler plate doesn't fit any, every, and all circumstances.
Just like the "What would you do if you saw a guy robbing a store you were in" threads. My answer "It depends".
So, would I inform? Maybe. It depends.
-J-
Sorry Indy_Guy_77 your answer of maybe is way off the mark. There is absolutely no requirement to notify an officer of your carrying status whatsoever. Since I am making a couple of general assumptions, and yes I know what happens when you assume things, but my assumption is that as a legal gun owner and carrier, the person should know without a shadow of a doubt if they have any "legal issues" that may arise if they are stopped for a traffic infraction. If someone is pulled over for doing 65 in a 55 or doing a rolling stop thru a intersection, then only thing that person has to worry about when dealing with the traffic stop is ensuring that they have all their proper paperwork in order, license is valid, insurance is up to date and registration is valid. There should be no reason whatsoever that the officer should be going on any kind of a fishing expedition by giving you a ticket for speeding. If you are stopped and you dont have to escalate the stop by informing the officer of your carry status, then why escalate it by notifying? That does nothing more than in introduce another level of escalation that can go bad quickly if the officer has no clue about how your particular firearm works, maybe he sweeps you with your own weapon, or maybe he or she is so scared of civilians with weapons they pull their own weapon and pull you out of the car, handcuff you and stuff you in the back of the patrol car while your info is being ran, and the weapon is being ran, and possibly unloaded and sometimes even field stripped. If I were stopped and the officer asked me a direct question like "Are there any weapons in the vehicle?" My standard answer will be "There are no illegal weapons in the vehicle." Only and I mean only if I were being removed from the vehicle, which should be a VERY rare occurrence for a traffic stop, would I then notify the officer of my carry status and where the weapon is located.
Gunner
I was once pulled over on the way to work with a .380 in the glovebox. The officer came to my passenger window so he wasn't standing with his back to traffic and asked for my license and registration. I could have popped open the glovebox and reached for the registration, but I thought "maybe" I should inform him of the legally possessed pistol sitting directly on top of it and ask him how he wanted to proceed. I did and reached my destination with no more holes than I started with.
Terry is irrelevant. The only thing that applies is the this:
IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.