My traffic stop experience last night

[javahawk]

Last night I was driving home from work. I usually get off pretty late, so I tend to be susceptible to minor infraction stops. Last night was one of those cases, unknown to me, my licence plate light was out...

As the officer approaches my vehicle, I turn on my dash lights, place both hands on the wheel and have both of my IDs ready. Before I can hand them to him, he asks me if I have a weapon in the car. I hand him my CWP and DL and inform him I have a weapon on my person at 3oclock. As standard procedure, backup arrives. What upset me was what happened next... I am asked to step out of the vehicle. He tells me he is going to disarm me. I tell him I don't consent and of course he doesn't pay attention to that. Keep in mind I am extremely careful, make no sudden movements, keep my hands in plain visible light/sight, look him in the eyes and try to create a relaxing environment for him.

His backup officer disarms me and takes my property to their vehicle. He runs my DL and CWP. He then returns my property into the backseat of my car. Reconsidering, he then asks his helping officer to retrieve it again to run or write it out the serial ( I thought this wasn't allowed, I made a comment about it and was kind of "shushed" by the officer). Helping officer asks if its registered to me. I tell her that guns arent registered to people in Florida, and aren't tied to CWP cards. She doesn't seem to understand this and keeps asking me "but its registered to you, right?" I end up just agreeing with them. This whole process takes about 30 minutes.

Overall a pro stop, I wasnt cited, but I have 2 questions:

1) Do I have the right to deny them to disarm me in Fl? I know this can cause issues, but there was no cause for them to do so and turned a simple traffic stop into a 45 minute fiasco in the middle of the night.

2) I thought it was illegal to copy or verify serial numbers on guns? I explicitly told them I didn't consent to it and they went on as if they didn't hear me.

I understand cops work hard, I appreciate the hell out of them, but why? There's nothing I coulda done to make the stop easier for them... Ive had stops where the cop checks my ID, and lets me go without all the hassle...

Should I do something? Thanks for the advice!

[DefensiveCarry.com]

[Agave]

If the police stop you, they can disarm you pretty much because they want to. If you try to resist being disarmed you'll have a bad day.

[babarock]

As for Q1, I'm not sure that is a match I want to get into. The officers should follow FL law but if they say they are going to disarm me , "I do not consent but I will not resist" is all they will get from me on the scene. If I have been wronged, I'll follow that up with their superiors after the fact.

For Q2, I defer to more informed minds.

Other than the burned out bulb (which can sneak up on any of us) it sounds like you conducted yourself well. You didn't say if these were city/county/state type LEOs. Once you find out what the unshakable facts are, a polite letter to the appropriate person might be in order either thanking they for the good training their officers have received or the other side of that coin.

I do find it odd that they would ask about the weapon in the car before seeing the CWP or you informing. Can you think in retrospect what might have made them nervous (to much java, the area, local crime rate)?

BTW - got that bulb fixed yet

[HotGuns]

1. No.
2. Absolutley not. A cop can and will check any gun that he runs across at his discretion and has the legal right to do so.

They know that they have the ability to check you gun in the course of their dutys. Just because you didn't know that does not make it so.

You know that you are a good guy.
They do not.

[zip777]

I am not positive about FLA law however it is my understanding once you announce you are carrying...place hands on wheel...etc etc etc... you should comply with their (reasonable) demands. They have a job to do...if they feel safer with your gun momentarily in their possession why resist?? It's not like you are going to have to use it. I do understand it's a principal based point but if it allows them to do what they need to do I will comply.

THAT BEING SAID...

YET another example why I am planning on installing another titan gun safe in plain view within my vehicle. Unloaded but close enough so I COULD produce the weapon and load it in seconds. NO I am not a titan gun safe salesman...LOL

Am I sacrificing my rights to legally carry a loaded weapon in my vehicle because I am a permit holder? No. What I am doing is exercising my right NOT to have to tell him about it. Even if he sees the safe he cannot ask me to open it without a warrant since I no longer fall in the CC category. I keep seeing more and more posts about traffic hassles that it just makes me want to avoid it all.

[BkCo1]

The side of the road is not a good place to argue with an officer. Pick your battles at a safer time and place.
Semper Fi

[The Fish]

I would allow myself to be dis-armed because I understand Cops are pretty nervous these days. (They DO have bullseyes on their shirts). I would not like it but I'd would not object.
As for the cop asking if it is registered,you got a rookie or a really stupid one. Cops in FL should know there is no gun registration.
You mentioned the second cop shushed you when you asked something,I'd guess he knew cop #1 was screwing up but just wanted the traffic stop to end and did not want to tell you cop #1 was wrong in front of her or tell her.

No ticket/no GSW so all OK.
Understand your annoyance about the 45 min. delay on your way home.
Were cops locals,sheriffs or FHP?

[javahawk]

Locals.

I went through everything politely, the only thing I said was that I didn't consent to being disarmed but I wouldnt resist. Didn't pick a battle.

"Absolutley not. A cop can and will check any gun that he runs across at his discretion and has the legal right to do so"

Is it because it is a gun? Or does a cop have the right to do that with any personal property? Im hazy on the laws of this, that's why I ask. It seems like if there is no probable cause for him to think it's stolen, then this shouldnt be necessary to check the serial number. Again, I understand their point of view, I was more curious about the legality.

[hogdaddy]

First off Don't Tell, If asked Well you SHOULD tell & They can disarm you ; )
H/D

[HotGuns]

Is it because it is a gun? Or does a cop have the right to do that with any personal property? I'm hazy on the laws of this, that's why I ask. It seems like if there is no probable cause for him to think it's stolen, then this shouldn't be necessary to check the serial number. Again, I understand their point of view, I was more curious about the legality.

Some of it do it as a matter of routine, some of them don't mess with it unless they have a reason. In some Dept's it is standard procedure to check every weapon, in others they don't care unless you are a suspect in something. In most states, there are specific statutes that address these things.

The thing about guns is that it could have been stolen 30 years ago. Your Dad may have bought it from a friend, who got it from a cousin that won it in a poker game. Then you acquire the gun, without having any idea that it was stolen before you were born. When it is checked and it comes up "hot" you'll have some explaining to do and you'll be minus a gun.
Of course if you personally buy the gun at a store this wont be an issue but many people don't. .

When a cop checks a gun, he is just doing his job and its not meant to be taken personally.
How would you feel if you were a cop, and you said you didn't consent to what he was doing? You as the officer knew that you had the legal authority to do so, but here is this guy he pulled over telling him that he does not consent. First of all, he is going to think that you are clueless about the issue. Secondly, he is going to blow by that and do what he sees fit.

You cannot imagine the words that cops hear when doing their jobs. Everyone has an excuse, and everyone is convinced that they know the law, because they read about it on the Internet. Never mind that most of that does not apply to their local laws or situations, but some of them aren't smart enough to figure it out.

[Old School]

I just completed the monthly computer training for February 2011 approved by Florida Department of Law Enforcement (FDLE) which included officers encountering legally possessed firearms by lawful citizens in vehicles and with CCW permits. The lesson stated the officer may secure the firearm for his or her safety and may unload the firearm before returning it to it's lawful owner. This is discressionary on the part of the officer. A check of the firearms serial number after it is taken into the officers possession is standard proceedure. Hopes that helps to answer your question especially here in Florida.

[OldVet]

OP, with the recent rash of LEO shooting here in FL, you should realize and expect all FL LEOs (and elsewhere) to be super cautious when encountering any armed individual.

Q1: Yes, they can disarm you.
Q2: Yes, they can run your gun serial numbers to verify the gun is not stolen. If you own a used gun, consider it a free service (as long as it comes back clean).

What should you do? You should order the book, "Florida Firearms - Law, Use & Ownership." You may find it enlightening.

The only thing in their actions that surprise me is they failed to understand FL has no gun registration.

[javahawk]

Thanks for everyone's feedback and input. I appreciate it!

[tokerblue]

Florida doesn't require you to notify the officer that you are carrying. Just another viewpoint.

[javahawk]

Florida doesn't require you to notify the officer that you are carrying. Just another viewpoint.

He asked me if there was a weapon in the vehicle, so I was obligated to.