
Originally Posted by
Stuart
#5 here worries me. I have a feeling that if asked to step out of my car, and I refused a search of my vehicle, but there was a handgun laying in plain view on the back seat of my vehicle, that my window would be broken, my car would be searched, and I may even get tazed. Why though? Having a gun on your seat in plain view isn't illegal. I still bet my car would get searched without my consent though.
State statute allows you to have a firearm in your vehicle "while traveling", but does not define what exactly that is. Does that mean traveling from Grand Junction to Denver, or from your house to the supermarket? There have been municipalities that have outlawed firearms in vehicles, but all have been declared null and void as they were written prior to March 18, 2003. This was when the new gun laws went into place. Denver had the most restrictive gun laws prior to that time and they were put in place to deal with their gang problems in the 90's. Most officers in the surrounding cities around Denver might not be aware that Denver doesn't have those laws anymore and usually tell people what the safest manner of dealing with all officers, including Denver, as most people don't seem to understand that each city and county are different from each other and there are different ordinances. Most people do not have a basic understanding of municipal law, municipal, county, and state government and most officers tire of trying to continually educate an ignorant population.
So, to answer your question. If you had a gun in your vehicle, a quick check of your criminal history would answer whether or not you should have it in your possession. A positive identification will aid that endeavor. If you were clean, there wouldn't be a need to continue the contact. I'm sure you still would get a lecture and sent on your way. The officer may want to look at the firearm so ensure it had a serial number, but without an articulable reason, that shouldn't expand if you refuse politely. Although, most officers are under the general impression that if you don't have anything to hide, then why drag out the encounter?
On the other hand, when I had first bought my first gun, I asked every cop I ran into if I could legally carry the gun in my car. I was in Lakewood and approached some officers while they were having lunch at the Brother's Barbeque and asked them if I could carry a gun in the car. The male officer said I should have it unloaded, locked up, and in my trunk. The female officer told me that if I had it any where but locked up and unloaded and in the trunk that there was going to be trouble. My gun rights balls hadn't dropped yet, so I didn't tell her that she was flat out wrong at the time. However, the male officer looked at her and said, "And why is that?" after she gave me that line of bull. I excused myself and let them finish their lunch. I used to see her driving around all the time when I still lived in Lakewood too. I hope her partner correcter her.
Answer above.