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Firearms and Traffic Stops – Arizona Criminal Defense Attorney Marc J. Victor

we’ve got a law now in Arizona where
if you are detained by a police officer and the police officer asks you hey do
you have a firearm in your vehicle or on your person or something the law
requires you to answer that question now I don’t I have questions about whether
this is a constitutional rule right because you have a right to remain
silent and if indeed answering that question subjects you to criminal
liability so you’re a prohibited possessor and in violation of the law
you’ve got a firearm well you shouldn’t do that in the first
place but if you answer that question to the officer who says do you have a gun
and you say yes officer I’ve got a gun you’re in essence incriminating yourself
so I think that there are some questions about whether this rule is
constitutional but that’s the rule and if you don’t answer the question or you
lie to the police officer then you’re committing a misdemeanor crime here in
Arizona this is the type of thing that you might want to check what your
state’s rule is if you’re watching this video outside of Arizona find out what
the rule is here in addition to that rule in Arizona the police officer also
has the right to now seize the weapon during the stop they generally will give
it back to you at the end of the stop I have questions about whether this is
constitutional as well this to me seems like a taking however brief still a
taking without due process so this also seems unconstitutional but you should
know if you’re in Arizona and the police officer learns that you’ve got a firearm
and you’re detained and the officer says I’m going to take your gun during the
traffic stop here or during the detention the officer has a right to do
that so certainly I don’t recommend that you get into an argument with the police
officer or even worse getting get into a physical dispute by the way
on that point I should also mention that you do not have a right to resist an
arrest now this is true even if the arrest is unlawful..

5 thoughts on “Firearms and Traffic Stops – Arizona Criminal Defense Attorney Marc J. Victor

  1. Excellent reasons to not visit Arizona. No sense in going to a state that despises the Constitution of the United States. Thanks for the info.

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