Author Topic: Weapon storage interstate travel.  (Read 1761 times)

bilgerat57

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Weapon storage interstate travel.
« on: July 24, 2015, 12:26:05 AM »
This might take a bit of explaining so please have patience.  
I'm planning on making a trip from Texas to South Carolina on my motorcycle with a tent trailer. The trailer, folded up, is hard sided with four locking latches. I want to install a locking storage box inside for a long gun and storing a handgun for those locations that don't allow concealed carry.  In transit, the trailer is latched with a small padlock on each corner. At a camp site with the tent erected the box would be accessible from inside and mounted to the floor.  I want a secure box to store my weapons in because the tour pak and saddle bags on my bike are made of fiberglass and easy to break in to. If I am stopped and the officer wants to search, I'm generally going to decline without a warrant duly processed and served. My question is, would it require a separate warrant for the lock box or would the single warrant cover that as well? Would it be different with the tent up at a campground? I'm just trying to anticipate potential situations and would appreciate any info. Thanks!
As an addendum, What obligation am I under as far as informing the officer about the existence and/or location of the box and contents on the side of the road or at a camp site?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Weapon storage interstate travel.
« Reply #1 on: July 24, 2015, 04:37:46 PM »
bilgerat57,

While you are travelling, the officer does not need a search warrant to search your motorcycle and trailer. To search a vehicle, motorcycle, or any other mode of transportation, an officer only needs probable cause. This is an exception to the warrant requirement. You may lawfully ask him to articulate his probable cause to you before he searches your motorcycle.

The trailer is a little bit different. While the trailer is attached to your bike, he may search it on probable cause alone. He needs to have specific probable cause for the trailer, lock box, or whatever item he specifically wants to search, but still no warrant requirement. However, when you have set up camp the warrant requirement kicks back in. Once youíve set up camp, he needs to secure a warrant to search your tent, the lock box, or any other of your belongings.

You donít have any affirmative duty to tell the officer about the existence of the lock box, or about what is in your trailer or any other container. He might ask, and you may lawfully refuse to tell him if you so choose. If he asks about firearms specifically, be honest. Though it would not be a crime to withhold information from the officer, it is a crime to give a false statement.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »