Disarmed by police; legal?

Disarmed by police; legal?

This is a discussion on Disarmed by police; legal? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This has not happened to me but I read about it in this forum. Is it legal? I ask this question seriously. Suppose you are ...

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  1. #1
    Member Array shooter380's Avatar
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    Question Disarmed by police; legal?

    This has not happened to me but I read about it in this forum. Is it legal? I ask this question seriously. Suppose you are completely legal and are in a traffic check. You inform (if required) and the officer asks if he may take your weapon. You have done nothing wrong, you are not charged with any crime and you are not under arrest. I know almost everyone on this forum would comply with the request, as would I. But my question is does the officer have legal authority to disarm an innocent citizen that is not involved in or charged with any crime?

    Chiefjason, can you hear me now?


  2. #2
    VIP Member Array SpencerB's Avatar
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    The officer controls the traffic stop. He uses his discretion as to whether he wishes to disarm you during the traffic stop or whether he does not disarm you. He needs to control the entire stop so he does that the best way he can. So if it means he wishes to confiscate your firearm for the duration of the stop he is completely justified in doing so.

  3. #3
    Distinguished Member Array Agave's Avatar
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    SCOTUS has said that an officer is not making an unreasonable seizure when he disarms you for the duration of an encounter. It is perfectly legal.
    The preceding post may contain sarcasm; it's just better that way. However, it is still intended with construction and with the Love of my L-rd Y'shua.

    NRA Certified Pistol Instructor, Tennessee Certified Instructor

  4. #4
    Ex Member Array HoustonRaven's Avatar
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    Terry v. Ohio, I believe, give officers the authority.

  5. #5
    Member Array crf3973's Avatar
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    Quote Originally Posted by SpencerB View Post
    The officer controls the traffic stop. He uses his discretion as to whether he wishes to disarm you during the traffic stop or whether he does not disarm you. He needs to control the entire stop so he does that the best way he can. So if it means he wishes to confiscate your firearm for the duration of the stop he is completely justified in doing so.
    ^^ THIS

    The officer's goal is to go home at the end of the day, and if that (to him/her) means taking posession of your firearm for the stop, then the officer has every legal right to do so regardless of your beliefs of whether they can/should or not.

  6. #6
    Distinguished Member Array XD 45's Avatar
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    yes per. officer saftey
    XD .45, Glock 23, Mossberg 590A, M&P 15 Rossi 641, RIA 1911


    If You Want To Know The Mind Of A Man Listen To His Words

  7. #7
    New Member Array parputt's Avatar
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    From Louisiana law:

    Duties of Permittees

    The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer. Anyone who fails to do so shall be fined not more than one hundred dollars. Additionally, when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall:

    1. Notify the officer that he has a weapon on his person;
    2. Submit to a pat down;
    3. Allow the officer to temporarily disarm him.

  8. #8
    Member Array spike's Avatar
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    Correct Terry vs Ohio, Officer safety issue

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    I wouldn't object if LEO pulled the mag and emptied the chamber for the duration of the stop and handed it back to me in that condition, but I would object if said LEO thought he needed to strip it.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  10. #10
    Distinguished Member Array Guardian's Avatar
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    I'm sure you will find many reasons or laws that state yes they can, plus it's just common sense if they feel better about the stop in my view to allow them to disarm me for the duration of the stop. Would I like, heck no, but I would comply for this type of situation.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

  11. #11
    VIP Member Array Guantes's Avatar
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    I can think of no valid reason to dismantle someone's gun on a normal stop.

  12. #12
    Ex Member Array WhoWeBePart1's Avatar
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    Quote Originally Posted by OldVet View Post
    I wouldn't object if LEO pulled the mag and emptied the chamber for the duration of the stop and handed it back to me in that condition, but I would object if said LEO thought he needed to strip it.


    Back in 1993 when I was stopped for speeding on I-25 heading back to Santa Fe from Albuquerque the LEO took possession of my Glock 17, removed the chambered round and the magazine. I had my hands glued to my hood during this process.

    Once he was done with my ticket he gave me back my Glock, the round and the magazine and said you don't have to reload it while I'm standing here and I placed everything on the passenger seat.

    We then stood outside for about 15 minutes talking about guns and I went on my way. I didn't feel offended by his actions in anyway at all and drove home a tad slower with my Glock loaded and ticket in the glove box.

  13. #13
    VIP Member Array Majorlk's Avatar
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    Quote Originally Posted by OldVet View Post
    I wouldn't object if LEO pulled the mag and emptied the chamber for the duration of the stop and handed it back to me in that condition, but I would object if said LEO thought he needed to strip it.
    To my knowledge, there has been only one thread (that I remember) that says that this supposedly happened. I am not sure I believe it. There's a lot of dubious claims posted here.
    An armed society is a polite society. Manners are good when one may have to back up his acts with his life. - Robert A. Heinlein

  14. #14
    Member Array oneeyedwilly's Avatar
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    I'm pretty sure they can take away weapons. They will never take away old thunder and lightning.

    Can they take away pocket recorders though?

  15. #15
    Member Array jweiss's Avatar
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    Quote Originally Posted by oneeyedwilly View Post
    I'm pretty sure they can take away weapons. They will never take away old thunder and lightning.

    Can they take away pocket recorders though?
    My guess is they can take pretty much anything away that they want to.
    "Just because your paranoid doesn't mean their not out to get you !!!" Henry Kissenger as a wise man said to me strive to own one of every type and caliber

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