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Originally Posted by miami_fan
I can't speak to whatever the SOP for the police are supposed to be in those situations. About ten years ago, Panama City Beach police asked me if I had a gun in the car during a traffic stop. I don't know if I had the right to not volunteer the information. I do know that for someone that looks me, not volunteering that information is not right.
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I make a distinction between volunteering and answering a question.
Yeah, don't know what the FL rules were back then about volunteering. But think you have an obligation to answer the question if posed by a LEO. If you do not answer the question, the LEO has every right to be suspicious.
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I said yes and I asked to show my gun permit which I did. I asked out legal center on base if that was legal, they said yes the police are allowed to make sure you are legally allowed to carry the gun.
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I think I see your point.
According to below, up to 22% of gun sales or transfers in the 2 year period were done without background check.
PolitiFact | What percentage of gun sales are done without a background check?
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22 percent overall said they obtained the guns without a background check. But that includes guns that were purchased or received in another way, such as through a gift or an inheritance.
13 percent who purchased firearms -- for example, from a friend or online -- said they had done so without a background check.
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So if you were in the 22%, how would a LEO determine if your weapon was legally acquired or not.
Great question, didn't think about that angle. I don't know if they really can easily as there is not a 100% database due to the loopholes.
I think the rebuttal from the NRA is why do LEOs need to determine if your weapons was legally acquired or not if you are not under suspicion (e.g. normal traffic stop would not fall under that category).
If you are under suspicion, I think they would try to trace the chain of ownership which admittedly would be difficult if it went through private sale(s). Start with the serial # and then trace from there.