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Handing your loaded weapons to LEO in traffic stop?

Discussion in 'General Firearms Forum' started by erbob, Nov 12, 2017.

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  1. erbob

    erbob

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    Have frequently wondered what would transpire if, in a minor traffic stop, the driver advises the LEO that he is legally armed (with current CCW license) and then the driver is requested to hand the firearm over to the officer. Now if the LEO is really totally unfamiliar with that particular weapon and in his attempt to clear it, there is an accidental discharge, wounding or killing the LEO. Trigger had never been tampered with and was still totally stock. Or, if the LEO actually mishandled the firearm while mistakenly/inadvertently pointing it in the general direction of the driver and the driver was hit and killed or severely injured. I wonder how these types of unlikely mishaps would be pursued in a court of law. Yes, this scene is extremely unlikely to ever happen but it is still remotely possible. These questions are NOT to be taken as anything negative about our much needed and appreciated law enforcement folks!!!!
     
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  2. Alabusa

    Alabusa

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    I have been pulled several times and informed the officer I was carrying. I have yet to have one take the weapon from me but just instructed me not to make any moves toward the weapon and always keep my hands in plain sight.

    The officers here can tell me of I am right or wrong on my thinking but from my personal experience, they are more concerned with weapons they don't know about over the ones that they do.

    As for your scenario, I have no clue whatsoever.

    Sent from my SAMSUNG-SM-G935A using Tapatalk
     

  3. 2bgop

    2bgop

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    There is no way I am unholstering and handing a loaded handgun to someone from a seated position in a vehicle.

    Having said that, I get stopped pretty often and I have never had this be an issue. You have to be a complete idiot to think it is a good idea to ask someone do that.
     
  4. refugeepj

    refugeepj

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    inform officer, respectfully.
    request instruction on how to proceed.
     
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  5. 2bgop

    2bgop

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    I know that is what most people do. I just hand them my ccw at the same time I hand my DL. I would say 60% of the time, they just hand it back and never say a word about a gun.
     
  6. Wyzz Kydd

    Wyzz Kydd

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    :agree:
     
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  7. ronin.45

    ronin.45

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    I had this happen back in late 2004 when we were new to concealed carry.
    After informing the officer I was carrying, he told me to take the gun out so he could see it. From where he was standing, he couldn't see it. After confirming what he had asked(because I didn't really want to touch it), I gingerly took it out and laid it on the passenger seat facing into the field next to the road. At this point, he requested that I hand it over to him. Again, I confirmed what he wanted, and slowly handed it to him while keeping it pointed at the dash. He went back to his cruiser and returned a few minutes later with the empty gun, mag, and loose round.
    After he gave me a warning for speeding, we got to talking about this being his first CCW traffic stop and I commented that it went very well, but possibly in the future it would be safer to just leave the gun holstered to avoid potential accidents. He said he was happy with how he did it and would probably continue to do it that way. Not wanting to argue, I agreed and went on my way.
     
  8. porschedog

    porschedog

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    I suspect each LEO will handle this scenario differently. Florida is not a Must Advose state so I keep my mouth shut, answering fully any questions asked. My wife had a femal LEO flip out when she answered, Yes, she had a gun in the vehicle, secured in a locked gun vault under the driver seat. Happily, the male partner told female LEO to relax and sent my wife on her way. They were stopping all black SUV and wife was one block from home. Female LEO, after looking at wife’s license asked”what are you doing in this neighborhood?”
     
  9. 2bgop

    2bgop

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    I wouldn't consider that incident going very well, but we all have different expectations.
     
  10. DrewBone

    DrewBone

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    My last LE encounter went like this;

    Me: "Officer I need to inform you that I'm a CHL holder and I'm currently carrying."
    Officer: "Thank you for informing me (he already knew; we're required here in NC to inform LE when we're being questioned and are carrying). 'Tell you what, I'll make you a deal...if you don't brandish yours, I won't brandish mine!"
    Me: "You've got yourself a deal!"

    I think handing a hot firearm over to a Police officer is a bad idea, and I'd want a higher ranking officer present before I'd agree to doing any such thing.

    Recently LE visited my home unexpectedly, and these two Sheriff's Office detectives weren't the least bit concerned with the G19 on my hip or the G35 and mags strewn about my kitchen table. Neither of them batted an eye or asked me to disarm myself, it was just business as usual.

    Of course if I was in NY I probably would have been tazed and violated with a nightstick or toilet plunger...
     
  11. Berto

    Berto woo woo

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    Years ago, I worked nights and was pulled over by a motorcycle cop. He had me take the gun out while still in the holster (442 snubby). He placed it on top of my trucks cab, returned it to me in same condition. No biggie.
     
  12. SmokeRoss

    SmokeRoss GTDS Member #49

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    "I want you to reach down, real slow, like molasses in the winter time, with your left hand and pull that pistol out. Move that hand so slow I can count the hairs."
     
  13. SmokeRoss

    SmokeRoss GTDS Member #49

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    Yeah, that's how you lose stuff. Never set anything you want to see again on the roof of an automobile.
     
  14. sixgun2

    sixgun2 packin heat

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    Rule #1. After the officer asks/ demands your firearm comply. State tat you will either lay it on the dash or seat an it's up to him to retrieve it. By doing this it immediately absolves you of any responsibility of a AD/ND. Never H2H transfer of a loaded firearm to anyone.
     
  15. Wyzz Kydd

    Wyzz Kydd

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    Shoot him now Abe! Shoot him now!
     
  16. ronin.45

    ronin.45

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    I can just imagine the pleasant traffic stops some of you are involved in. All this refusing to comply and demanding a ranking officer be present.
     
  17. JamesIra

    JamesIra

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    I don't bring the subject up unless I am asked. If asked, I follow all directions given by the officer in a slow way as to not to excite the officer. You never know who your going to get.

    If the officer proves to be dumb as a rock and manages to shoot him/herself with my weapon, I will plug the hole with a tampon and call it in.
     
  18. michael_b

    michael_b BRC #1492

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    My local PD advised us a few weeks ago to not say anything during a traffic stop if your carrying concealed - just keep your hands visible, and don’t bring it up. When we questioned the officers they said it’s just one less thing for the officer to worry about.

    Caveat - I live in the second biggest city in KS and we have VERY little violent crime here. The officers tend to be more relaxed.
     
    Last edited: Nov 14, 2017
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  19. Dave514

    Dave514

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    I'd prefer you get me out and I'll put my hands on the hood so you can remove it.
     
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  20. plp

    plp

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    I've been stopped several times in the past year, have stated why in a few posts, but it is a regular thing.

    I always hand the officer my DL, pistol permit and proof of insurance when they approach the vehicle. I've had exactly one ask me if I have a weapon in the vehicle, answered yes, he asked where was it, said in my right front pocket, he said let's keep it there, I said no problem. End of drama.

    They are usually doing sobriety checks, big clue is something along the line of, "I stopped you because you crossed over the white line", duh, I was changing lanes and you sort of have to do that. I know they are fishing, they know they are fishing, but hey, don't give them a reason to go any further and it is all good.
     
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  21. DrewBone

    DrewBone

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    Handing over your drivers license, registration, and insurance card to LE generally won't get you killed, but handing a loaded firearm over to a member of LE who doesn't trust you enough to have that loaded weapon presently on your person despite being in possession of your concealed carry license, deserves to have their requests questioned, and at the very least agreed to and witnessed by another member of LE who is currently present.

    You're well within your rights to request another Police officer be present in such a scenario where loaded weapons are present, where the unloading of a firearm is requested, or while the fiream is changing hands from a civilian's to an LE's.

    We're not quite a Police state yet.
     
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