# Am I legally obligated to show my gun to cop?



## Michael Bee (Sep 15, 2020)

Scenario: let’s say I suspect someone sneaking around on my property at night and I shoot a warning shot in the ground. Neighbor hears that shot and calls cops who arrive and ask me about it (by this point I’ve locked the handgun away). I answer them honestly, but what if the cop asks to see my gun? Am I legally obligated to show it to them?

(Btw, I live in a semi-rural area in California, and I have a gun permit.)


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## rustygun (Apr 8, 2013)

What did the ground do ? Why would you fire unnecessarily ? I would just call the police in the first place and be prepared for if they entered my home.


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## desertman (Aug 29, 2013)

You should probably ask Joe Biden?


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## VAMarine (Dec 25, 2008)

*I am not a lawyer*

1: they won't need to ask to see your gun IF YOU DON'T SHOOT WHEN YOU DON'T NEED TO. NO WARNING SHOTS. 

2: I can imagine that you could articulate why it would be a bad idea to go back and come out with a gun in your hand. 

3: They have no business entering your home if you don't invite them in. They would need a warrant to extrigent circumstances to enter.

4: See #1

5: They can ask to see your gun, they can ask to come inside.

6: LAWYER

7: See #1 and #6

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## Michael Bee (Sep 15, 2020)

VAMarine said:


> *I am not a lawyer*
> 
> 1: they won't need to ask to see your gun IF YOU DON'T SHOOT WHEN YOU DON'T NEED TO. NO WARNING SHOTS.
> 
> ...


You mentioned no warning shots- why? I didn't shoot in the air, but in the ground, to not cause harm to anyone else. In the scenario, I feel it is in fact "needed" in the circumstance. My question is do I legally have to show my gun to cop?
I heard about this scenario happening before and the cop wanting to see the homeowners gun for whatever reason. I don't know if the homeowner was obligated to do so or not (I'm assuming not But want to make sure)


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## Michael Bee (Sep 15, 2020)

rustygun said:


> What did the ground do ? Why would you fire unnecessarily ? I would just call the police in the first place and be prepared for if they entered my home.


I would warning-shoot to roust their ass out (let's say after previously telling or shouting at them to come out) if I suspected there was someone illegally invading my property (and possibly home) at night.


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## denner (Jun 3, 2011)

Michael Bee said:


> You mentioned no warning shots- why? I didn't shoot in the air, but in the ground, to not cause harm to anyone else. In the scenario, I feel it is in fact "needed" in the circumstance. My question is do I legally have to show my gun to cop?
> I heard about this scenario happening before and the cop wanting to see the homeowners gun for whatever reason. I don't know if the homeowner was obligated to do so or not (I'm assuming not But want to make sure)


Your best bet is to contact a lawyer familiar with firearm and criminal laws in the county in which you reside and by the sounds of it you better have him/her on retainer.


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## Goldwing (Nov 5, 2014)

You have been given good advice.
If you are the author of a gunshot, you should either have a target in mind or hold your fire.
You cannot get that bullet back.

GW


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## Michael Bee (Sep 15, 2020)

Goldwing said:


> You have been given good advice.
> If you are the author of a gunshot, you should either have a target in mind or hold your fire.
> You cannot get that bullet back.
> 
> GW


Actually, my question hasn't been answered yet.


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## Cypher (May 17, 2017)

Michael Bee said:


> Scenario: let's say I suspect someone sneaking around on my property at night and I shoot a warning shot in the ground.


That alone will very likely be enough to get you arrested.

*California Penal Code Section 246.3 PC: Shooting In A Grossly Negligent Manner*



Michael Bee said:


> Neighbor hears that shot and calls cops who arrive and ask me about it (by this point I've locked the handgun away). I answer them honestly, but what if the cop asks to see my gun? Am I legally obligated to show it to them?


They're not going to ask to see your gun. They're going to put handcuffs on you and they're going to confiscate the gun as evidence.

Why would you fire a "warning shot" (at all really) and NOT call the cops?


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## Steve M1911A1 (Feb 6, 2008)

We haven't answered your question because nobody here is an expert in California criminal law.
If you want an answer about the law, consult a California lawyer.
We can only give the opinions of legal amateurs, and you have already gotten several of those.

Never, ever fire a warning shot.
If it's really worth shooting at, then really shoot to stop whatever is going on.
_A warning shot is an attack upon someone or something_, just as much as a carefully-placed, fight-stopping shot is. If it's worth firing a carefully-placed, fight-stopping shot, then do that. There is no need for a warning shot.


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## BackyardCowboy (Aug 27, 2014)

Let's say you hear 'suspicious' activity in your yard, so you fire a "warning shot" into the ground. 

Oh, looks like the suspicious activity you heard was a cop who had been pursuing a burglary suspect through your neighborhood, and the cop had dropped his flashlight. 
If you don't get a return hail of fire from the cop, you'd be dang lucky. Your 'warning shot' put him in fear of his life and justified his use of lethal force. 
He's pursuing a suspect (who may be armed), he hears a gunshot near him and believes it's the suspect shooting at him, so he returns fire.
Either way, a lose/lose situation for you gets worse.


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## Cypher (May 17, 2017)

BackyardCowboy said:


> Let's say you hear 'suspicious' activity in your yard, so you fire a "warning shot" into the ground.
> 
> Oh, looks like the suspicious activity you heard was a cop who had been pursuing a burglary suspect through your neighborhood, and the cop had dropped his flashlight.
> If you don't get a return hail of fire from the cop, you'd be dang lucky. Your 'warning shot' put him in fear of his life and justified his use of lethal force.
> ...


The odds of that actually happening are so low that it comes down to it was God's plan for your life


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## VAMarine (Dec 25, 2008)

Cypher said:


> The odds of that actually happening are so low that it comes down to it was God's plan for your life


So is needing so desperstley to fire a warning shot at an unidentified person, yet here we are.

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## Shipwreck (Jan 26, 2006)

You can be prosecuted for a warning shot. Real life is not like TV man. You can't do that. You only fire your gun if you are legally able to defend yourself from imminent bodily harm, or whatever standard you have in California. Of all places - California... You will get yourself arrested if you fire a warning shot...

Also - as others said, you need to know your California laws. Probably, you probably could refuse to show the gun. However, you likely will be arrested for shooting off the gun.

Sometimes I will see someone (on a gun forum) who posts a scenario, and they miraculously did NOT get arrested for pulling out their concealed carry gun. Sometimes, I wonder how the police were nice enough to let them go without an arrest. You cannot just grab your gun and fire it for anything.

Granted, in your scenario, you are on your own property. So, it's a little different than someone out in public with their concealed carry gun. But, you are not the police. You are limited in what your rights are. The gun should not be used to "scare off" someone on your property by shooting a warning shot.

As someone else stated - what if that someone is a cop on your property. Someone who's car broke down and looking for help? There are so many scenarios. It could be a burglar. But, in your statement, you said you "suspect someone" is sneaking around your property. Seriously, you are going to get yourself in trouble, and maybe even hurt someone.

I think you really need a refreshed on what is legal and what is not (in your state) when it comes to firearm laws.

I have had 3 times in my life where i had my CHL and could have taken it out. I did not in any of them, because I used my brain and got out of the situation without it. Had it escalated any further, I would have done so. But, I did not have to. Gun should be a last resort. Even if you are in the right, you are in for a huge attorney bill. And, your life will never be the same


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## Michael Bee (Sep 15, 2020)

Cypher said:


> That alone will very likely be enough to get you arrested.
> 
> *California Penal Code Section 246.3 PC: Shooting In A Grossly Negligent Manner*
> 
> ...


I don't think so- true, a warning shot is a very thorny issue, but based on the legal precedents I've researched, it's not considered gross negligence if, among some other criteria, it's clear that I didn't shoot at or towards the person (in this scenario the shot was fired into the ground, in my rural setting away from others & the public; let's say in the opposite direction from the invader). 
Folks here are getting sidetracked on the warning shot- for arguments sake, let's just assume that I feared bodily harm from an intruder on my property (let's say I even saw him approaching me and he wouldn't cease or flee despite my verbal warnings; he can't see my gun at night so I shoot the warning shot (California has stand your ground Castle Doctrine). Then he understands and leaves. Cop arrives sometime later and asks to see the gun. Do I show the cop the gun if he doesn't have a warrant? I assume not, but this is the part I'm unsure about.


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## Michael Bee (Sep 15, 2020)

Steve M1911A1 said:


> We haven't answered your question because nobody here is an expert in California criminal law.
> If you want an answer about the law, consult a California lawyer.
> We can only give the opinions of legal amateurs, and you have already gotten several of those.
> 
> ...


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## Shipwreck (Jan 26, 2006)

Michael Bee said:


> I don't think so- true, a warning shot is a very thorny issue, but based on the legal precedents I've researched, it's not considered gross negligence if, among some other criteria, it's clear that I didn't shoot at or towards the person (in this scenario the shot was fired into the ground, in my rural setting away from others & the public; let's say in the opposite direction from the invader).
> Folks here are getting sidetracked on the warning shot- for arguments sake, let's just assume that I feared bodily harm from an intruder on my property (let's say I even saw him approaching me and he wouldn't cease or flee despite my verbal warnings; he can't see my gun at night so I shoot the warning shot (California has stand your ground Castle Doctrine). Then he understands and leaves. Cop arrives sometime later and asks to see the gun. Do I show the cop the gun if he doesn't have a warrant? I assume not, but this is the part I'm unsure about.


If the cop asked to see my gun, I would show it to him.

I still would not fire a warning shot. If you shoot someone, and then tell the cops it was an accident - it was only a warning shot... You could have some legal and civil issues... Even if you were justified in shooting the guy anyway. You don't want the end result to be because of an "accident."

If your life is in danger - and you pull your gun. If that doesn't stop him and you need to fire - do so. But not a warning shot. I have been in several firearms classes, and they all say that "warning shots" are a terrible idea.


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## VAMarine (Dec 25, 2008)

Leaving the applicability of the warning shot etc. Aside....

The cops arrive 

It's up to you. Do you want them to come back with a warrant (should they succeed in getting one, thats a whole other story) or do you want them to leave and not come back at all? 

(Warning shots are still stupid, if you are in fear for your life, you don't try to scare someone away with a warning shot, you scare them away by shooting them)

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## Michael Bee (Sep 15, 2020)

VAMarine said:


> Leaving the applicability of the warning shot etc. Aside....
> 
> The cops arrive
> 
> ...


In this case, if the warning shot scares the intruder away, I think that's wiser than actually hitting him. More risk of vengeance by him or a buddy later on if I shoot him. Don't get me wrong- if the warning shot doesn't deter him, he will THEN catch a bullet.


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## VAMarine (Dec 25, 2008)

Michael Bee said:


> In this case, if the warning shot scares the intruder away, I think that's wiser than actually hitting him. More risk of vengeance by him or a buddy later on if I shoot him. Don't get me wrong- if the warning shot doesn't deter him, he will THEN catch a bullet.


That's a nice story.

Sometimes you don't have time for two.

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## Shipwreck (Jan 26, 2006)

Why are you asking us if you know everything? You've gotten quite a bit of good answers, but you still go with this bad premise...


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## Cypher (May 17, 2017)

VAMarine said:


> So is needing so desperstley to fire a warning shot at an unidentified person, yet here we are.
> 
> Sent from my SM-G955U using Tapatalk


Lotta truth to that


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## Cypher (May 17, 2017)

Michael Bee said:


> I don't think so- true, a warning shot is a very thorny issue, but based on the legal precedents I've researched, it's not considered gross negligence if, among some other criteria, it's clear that I didn't shoot at or towards the person (in this scenario the shot was fired into the ground, in my rural setting away from others & the public; let's say in the opposite direction from the invader).
> Folks here are getting sidetracked on the warning shot- for arguments sake, let's just assume that I feared bodily harm from an intruder on my property (let's say I even saw him approaching me and he wouldn't cease or flee despite my verbal warnings; he can't see my gun at night so I shoot the warning shot (California has stand your ground Castle Doctrine). Then he understands and leaves. Cop arrives sometime later and asks to see the gun. Do I show the cop the gun if he doesn't have a warrant? I assume not, but this is the part I'm unsure about.


According to the scenario you gave us you haven't even established that there was an intruder. You fired a warning shot because you heard a noise


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## Goldwing (Nov 5, 2014)

Michael Bee said:


> (California has stand your ground Castle Doctrine).


California Castle Doctrine does not cover you in your yard. It does cover you in your home when someone illegally enters your home.

GW


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## Michael Bee (Sep 15, 2020)

Goldwing said:


> California Castle Doctrine does not cover you in your yard. It does cover you in your home when someone illegally enters your home.
> 
> GW


Sure it does- private property. It even covers you on your business property.


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## Michael Bee (Sep 15, 2020)

Shipwreck said:


> Why are you asking us if you know everything? You've gotten quite a bit of good answers, but you still go with this bad premise...


If you actually read what I'm asking you'll see I'm not asking about warning shots which I'm clarifying for people in this particular scenario ( people assuming other/irrelevant scenarios), but the aftermath of a cop coming to my house wanting to see my gun.


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## Michael Bee (Sep 15, 2020)

Cypher said:


> According to the scenario you gave us you haven't even established that there was an intruder. You fired a warning shot because you heard a noise


No, this scenario is of an actual person trespassing on private property and refusing to leave- I then added to the scenario saying that I feared bodily harm (guy approaching and not leaving).


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## Michael Bee (Sep 15, 2020)

W


VAMarine said:


> That's a nice story.
> 
> Sometimes you don't have time for two.
> 
> Sent from my SM-G955U using Tapatalk


When you live out in the country you sure do. What do you think "rural" means?


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## VAMarine (Dec 25, 2008)

Michael Bee said:


> W
> 
> When you live out in the country you sure do. What do you think "rural" means?


What do you think "banned" means?

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## VAMarine (Dec 25, 2008)

Michael Bee said:


> (California has stand your ground Castle Doctrine). Then he understands and leaves. Cop arrives sometime later and asks to see the gun. Do I show the cop the gun if he doesn't have a warrant? I assume not, but this is the part I'm unsure about.


For those still with us. Castle Doctrine and Stand Your Ground are two totally different things.

One (Castle Doctine) covers your home, in some states this does not cover yards or "curtliage"

CA is pretty distinct about it.

Under Penal Code 198.5:

Any person using force intended or likely to cause death or great bodily injury* within his or her residence *shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant or substantial physical injury.

CA does not have codified stand your ground law (places in public) however is actually pro self defense in public, at least in the jury insctrutions.

And warning shots are still stupid.

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