Getting pulled over with mossberg shockwave

[cmgee67]

I was thinking about this today. If you get pulled over and you happen to have your shockwave in the car what do you do? Do you treat it like a long gun and you don’t have to inform the officer you have it? It’s considered a firearm. I’d think you wouldn’t have to say anything but say they searched your vehicle and found it. If the officer wasn’t versed in what makes something a firearm and he considered it an SBS you might be having a conversation. Do you keep the paperwork mossberg sends with it saying what it is? What are the rules on this issue? I haven’t seen this discussed anywhere so I thought I’d bring it up.

[RogueUSMC]

Should be a 'don't ask, don't tell' thing. Why should you have to say anything about it being there?

[ELB]

In Texas the only requirement I know of to inform a peace officer about carrying a gun is if you are carrying a handgun under authority of a LTC and you are asked for ID. And even then there is no statutory penalty for not doing so.

In the case of a Mossberg Shockwave, that might not be the case in all states. Under Indiana law the Shockwave is considered a handgun -- but I don't believe Indiana has a duty to inform. However there might be other states where there is a duty to inform.

[Soccerdad1995]

Personally, I would hand the officer my DL and LTC together. I would also be carrying a handgun, likely on my hip, but definitely also in the console of my vehicle, because one lives in there 24/7 (a CZ 75 compact).

Now this might lead to a different issue if the officer asked me where the "gun" was located. I would likely honestly answer that I have a 1911 on my hip (though he should be able to see it unless he comes to the drivers window), another gun in my center console and a third gun in that bag in front of the passenger's seat. Unless he then wants to take all of the aforementioned guns into his possession, or wants to get into a friendly gun conversation, I think it would probably end there.

On days when I am going to the range, like today, I would also have 2-3 other handguns and/or long guns in the car, so it might end up being a longer discussion. I'm not afraid of a discussion along these lines.

And BTW, I decided not to bring my Shockwave on my recent road trip through NM, AZ, and NV, in part because I didn't want to take the time to research those state's take on this particular weapon.

[RogueUSMC]

Just don't say anything about a gun of use the words 'gun', 'firearm', 'rifle', ect. until the officer brings it up and then just answer his questions.

I got into an accident and, when the officer arrived, I handed him my DL and my LTC. He asked if I was armed at that time. I answered yes. He asked where it was. I told him around at the small of my back. He told me thank you for not telling me where with my hands...lol. That was the end of the subject. He didn't even say anything about leaving it alone...I guess he figured that was a given...

[RogueUSMC]

Now, that was standing outside of my vehicle.

I have been pulled over once and I handed both DL and LTC to the officer. He asked if I was armed, I said yes. He said just leave it where it was and we would have no issues...lol.

Did I mention to AR behind the seat? No. He didn't ask...I didn't tell. he didn't inquire as to other firearms and I see no reason why he should. The presence of other firearms is perfectly legal. And if he was not worried about a firearm on my person being a threat to him, I figure and AR behind the seat would be even less of a concern.

Don't ask don't tell is usually the golden rule...lol.

[strogg]

Yup. Don't ask, don't tell. If they ask something, I will answer the question and only that question. If they ask me to do something simple like take out my ID, I'll do it. If they ask if it's OK to give up my rights (like to search my vehicle), I will respectfully decline unless they have a darn good reason. Fortunately, I've never been asked that before. My experience is that if you respect LEOs, they will give you equal respect back. It may not be the most pleasant kind of respect (it is their job to flush out criminals at traffic stops after all), but it's respect nonetheless.

Now I'm just thinking. Let's say I do get detained for a crime that doesn't exist, like having a Shockwave in my truck. Well, I'll just let it ride out. If the LEO believes that it really is against the law, then arguing with him otherwise will only invite trouble. Sure, I'll let him know, but I'm certainly not going to have a heated argument over the matter. Hopefully someone else on duty knows otherwise and informs him. It'll be hard to get mad at the LEO for trying to do his job. Sure, we are darn near experts at gun laws on this forum, but we can't expect LEOs to be. They have a whole ton of other stuff they need to know about, and no one is perfect at knowing all enforceable laws.

[Pawpaw]

If it makes you feel better, print a copy of the ATF letter and keep it in the scabbard or whatever you keep the Shockwave in.

The ATF letter can be downloaded here: http://www.mossberg.com/wp-content/uplo ... 3-2-17.pdf

[Reset Button]

I was thinking about this today. If you get pulled over and you happen to have your shockwave in the car what do you do? Do you treat it like a long gun and you don’t have to inform the officer you have it? It’s considered a firearm. I’d think you wouldn’t have to say anything but say they searched your vehicle and found it. If the officer wasn’t versed in what makes something a firearm and he considered it an SBS you might be having a conversation. Do you keep the paperwork mossberg sends with it saying what it is? What are the rules on this issue? I haven’t seen this discussed anywhere so I thought I’d bring it up.

My instructor said to hold it out the window so the officer can see it clearly and yell "I HAVE A GUN!"

[mrvmax]

I was thinking about this today. If you get pulled over and you happen to have your shockwave in the car what do you do? Do you treat it like a long gun and you don’t have to inform the officer you have it? It’s considered a firearm. I’d think you wouldn’t have to say anything but say they searched your vehicle and found it. If the officer wasn’t versed in what makes something a firearm and he considered it an SBS you might be having a conversation. Do you keep the paperwork mossberg sends with it saying what it is? What are the rules on this issue? I haven’t seen this discussed anywhere so I thought I’d bring it up.

My instructor said to hold it out the window so the officer can see it clearly and yell "I HAVE A GUN!"

Never pick an LTC instructor from Groupon deals........

[puma guy]

I was thinking about this today. If you get pulled over and you happen to have your shockwave in the car what do you do? Do you treat it like a long gun and you don’t have to inform the officer you have it? It’s considered a firearm. I’d think you wouldn’t have to say anything but say they searched your vehicle and found it. If the officer wasn’t versed in what makes something a firearm and he considered it an SBS you might be having a conversation. Do you keep the paperwork mossberg sends with it saying what it is? What are the rules on this issue? I haven’t seen this discussed anywhere so I thought I’d bring it up.

My instructor said to hold it out the window so the officer can see it clearly and yell "I HAVE A GUN!"

Never pick an LTC instructor from Groupon deals........

[cmgee67]

I agree with the don’t ask don’t tell policy. I just ordered a GG&G light mount for my shockwave since it has become my home defense gun. I’m hoping it will fit in the scabbard now

[Soccerdad1995]

Yup. Don't ask, don't tell. If they ask something, I will answer the question and only that question. If they ask me to do something simple like take out my ID, I'll do it. If they ask if it's OK to give up my rights (like to search my vehicle), I will respectfully decline unless they have a darn good reason. Fortunately, I've never been asked that before. My experience is that if you respect LEOs, they will give you equal respect back. It may not be the most pleasant kind of respect (it is their job to flush out criminals at traffic stops after all), but it's respect nonetheless.

Now I'm just thinking. Let's say I do get detained for a crime that doesn't exist, like having a Shockwave in my truck. Well, I'll just let it ride out. If the LEO believes that it really is against the law, then arguing with him otherwise will only invite trouble. Sure, I'll let him know, but I'm certainly not going to have a heated argument over the matter. Hopefully someone else on duty knows otherwise and informs him. It'll be hard to get mad at the LEO for trying to do his job. Sure, we are darn near experts at gun laws on this forum, but we can't expect LEOs to be. They have a whole ton of other stuff they need to know about, and no one is perfect at knowing all enforceable laws.

I also have a whole ton of other stuff that I need to know about. Like stuff related to my actual job. Things are legal unless there is a law saying otherwise. If a LEO doesn't know of any law that makes something illegal, they should just default to it being legal.

Now in the case of a Shockwave, it would more likely be a case where the officer thinks there is a law making that firearm illegal, because he/she mistakenly thinks it is something else (like a SBS). That would at least be understandable. Hopefully they would check with another officer before actually issuing a citation, though.

[rotor]

I was thinking about this today. If you get pulled over and you happen to have your shockwave in the car what do you do? Do you treat it like a long gun and you don’t have to inform the officer you have it? It’s considered a firearm. I’d think you wouldn’t have to say anything but say they searched your vehicle and found it. If the officer wasn’t versed in what makes something a firearm and he considered it an SBS you might be having a conversation. Do you keep the paperwork mossberg sends with it saying what it is? What are the rules on this issue? I haven’t seen this discussed anywhere so I thought I’d bring it up.

Why would you even mention it? If you are carrying you are required to show your DL and LTC. If asked about your handgun you tell him/her where it is. Why would you consent to having your car searched? Never consent to a search. Do they have probable cause? Carry a Shockwave in Texas is not illegal, the AG has certified it as being legal, I see no reason to offer info beyond what is required by law.

In my area of Texas the cops pull over speeders all the time that consent to car searches and have hundreds of pounds of drugs in the trunk. Of course we know these people have sub 70 IQ's but someone must have told them not to consent to a search. Suspect drugs, get a drug sniffing dog out. Never consent to a search for anything. And don't speak to Robert Mueller either.

[The Annoyed Man]

I was thinking about this today. If you get pulled over and you happen to have your shockwave in the car what do you do? Do you treat it like a long gun and you don’t have to inform the officer you have it? It’s considered a firearm. I’d think you wouldn’t have to say anything but say they searched your vehicle and found it. If the officer wasn’t versed in what makes something a firearm and he considered it an SBS you might be having a conversation. Do you keep the paperwork mossberg sends with it saying what it is? What are the rules on this issue? I haven’t seen this discussed anywhere so I thought I’d bring it up.

Carry an 18” barreled shotgun with buttstock, and the problem goes away.

Honestly, I’m not saying you shouldn’t carry a shockwave if that’s what floats your boat, but you raise a very good issue, which can be summarized thusly: how much do you trust the firearms law knowledge of any random cop who is likely to pull you over? It should be common knowledge among LEOs that the Shockwave is legal in Texas.....but I don’t trust that it is commonly known. OTH, if you’re transporting a long gun such as a full-sized tactical shotgun, or an AR15 or something, there is FAR less likely to be any confusion on the cop’s part about the firearm’s legality in this state.

Someday I’ll buy a Shockwave just for the giggles, but for vehicle carry of a long gun, I’ll keep it to something the cop is most likely to recognize as a legal firearm. In my case, that would be a full sized shotgun, or a lever action rifle, or a AR15, or even an AK47. I worry that if you place a cop in the position of having to exercise judgement about the legal status of a weapon with which he is not familiar, he is going to err on the side of caution and take you for a ride until it gets all sorted out.

I don’t think that is how it should be at all, but I do think that this is probably how it is in some jurisdictions.