Got pulled over the other day
This is a discussion on Got pulled over the other day within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; WAIT! You would be suprised what I can see as I approach you in the car. If I dont know your legit CCW and see ...
January 9th, 2007 10:36 PM
WAIT! You would be suprised what I can see as I approach you in the car. If I dont know your legit CCW and see your gun before you let me know, chances are your going to get some road grime on your clothes.
January 9th, 2007 10:40 PM
VIP Member (Retired Staff)
Prior to SIXTO's post I was just gonna say this .......... do NOT go for ANYTHING!!!! Putting myself in a cop's poition I want to see hands in open air and not trying to access anything - anything at all!
If I should get pulled over, should I get my wallet out and in sight before he approaches
That can come later when the ground rules have been established - hopefully peacefully too.
Chris - P95
NRA Certified Instructor & NRA Life Member. "To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."http://www.rkba-2a.com/
- a portal for 2A links, articles and some videos.
January 9th, 2007 10:40 PM
Sorry but the way it came across kinda got my dander up. I doubt you meant it that way but to me it sounded like you felt you were being harassed. Ok that feeling out of the way (and I am sure I am wrong).
Originally Posted by a_kayaker
You didn't have to provide your CCL since you wernt carrying, but like you hoped if the officer is pro-ccw then it just might get you off.
We follow folks through neighborhoods, and it wasnt to get you close to your house, it was to allow time for busy dispatchers to comfirm that your tags were just expired and not stolen (stolen tags are often expried).
To answer the question about having the weapon near your wallet. Its your call but from my perspective (after over 20 years on the job) I would prefer to approach you and find your hands on the steeringwheel, windows down, dome light on and hazard lights flashing. Those few thing wont make us your best friend, but it does show that your not trying to hide. If you have passangers, dont have them put their hands on their heads (makes us feel your either a smartaxx or you've gone through a felony car stop one time to many) just have their hands visible.
Ok I'll go back to muh cage,
"Respect all ... Fear none!!!
January 10th, 2007 12:06 AM
No Big Deal For Me...
I don't get too excited or nervous around LE. Can't remember the last time I was ever stopped (years ago), but I haven't been stopped since getting my CCW.
Cops are just another group of individuals trying to make a living, and a tough one at that...
Every group has some 'odd' members...that's life!
Here in FL, I think most LEO's have become accustomed to the idea of people having CCW's and realize (as a group) that those with permits 'tend' to be on the side of law and order.
I think I would just act natural and calm, and inform the officer of my sidearm and weapon...then it's his/her call...whatever...
Proverbs 27:12 says: “The prudent see danger and take refuge, but the simple keep going and suffer for it.”
Certified Glock Armorer
NRA Life Member
January 10th, 2007 10:04 AM
LEO's have no right to disarm (take your gun) you or request your gun/etc under these conditions.
January 10th, 2007 10:14 AM
Ummmm ahhhh hmmm, yeah they do. If you want to get technical about it, a traffic ticket is an arrest. Any lawful contact with a LEO, than can disarm you. Now would I during a traffic stop if you if I have no other reason to? No, buts thats my choice.
Originally Posted by garn
Now to be clear, if walking down the sidewalk and an LEO says "good morning sir, may I have your weapon" Then no, there is no legal justification.
Please read your states rules on this before taking legal advice given on the internet.
January 10th, 2007 10:22 AM
Well if the carrier does what he is supposed to do, all of this would happen BEFORE any ticket would be given (aka no "arrest"). I don't see how pulling a car over is any different than stepping someone aside on the street. The only difference is there are cars involved, which I wouldn't think has anything to do with the situation.
Originally Posted by SIXTO
January 10th, 2007 10:47 AM
Your right, the car has nothing to do with it. What does is if a violation of the law took place, no matter if its a traffic violation or something that happend while you are waling down the street.
In this situation, it was a expired tag... a violation. LE stops the car for said violation... its up to the officers discretion to write a ticket (that is an arrest) or go with a warning. It is up to the officer to disarm you during a lawful contact or not.
I dont suggest you challenge this one on the street.
January 10th, 2007 11:21 AM
I thought about this a great deal in the past, and as a result, I switched pockets that I carry my wallet in. I used to carry my wallet in my right back pocket and carried my pistol on my right hip at about 3:30. Figured that was not a good thing to do for obvious reasons.
Took a bit to get used to, but it's a small inconveniance to alleviate any sort of misunderstanding. Further, in a traffic stop situation like that, I have no problem informing the officer that I have a CCH permit and am currently armed. Just goes back to avoiding any sort of misunderstandings.
Reader, suppose you were an idiot. And suppose you were a member of Congress. But, I repeat myself. ...Mark Twain: Manuscript note, c.1882.
NRA Life Member & JPFO Member.
Sig & CZ-aholic, a Ruger SP101 3" & Wiley Clapp GP100
January 10th, 2007 11:24 AM
No, it is not up to the LEO, I have the 4th amendment right to not hand over my property (without good reason), and a LEO has no reason or cause to request so. Sorry, expired tags do not warrant the surrender of a legal weapon.
Originally Posted by SIXTO
Also, my CHP class instructor at the security provider/range, whose son is an LEO, and who works with a gun rights lawyer, made clear that LEO's do not have this authority or right to do so.
Whether it's smart to comply even if requested by the LEO in the situation is for your own judgement.
January 10th, 2007 11:32 AM
What is your advise, for you LE or anyone thats been in this situation, for when your a passenger of a vehicle that gets pulled over. Just sit there and have your hands out, or tell the LE officer that you are armed.
January 10th, 2007 11:57 AM
Jayhawker45, I have thought about it, but I carry IWB with a shirt tucked over the top so it is 99 out of 100 no problem. Cell phone is carried over there in front of it to provide a little cover if I print (again usually doesn't happen). And I have only been made once and that is when I dropped my pocket 380 I used to have when I had to jump over a railing. and had nothing to do with wallet pull.
Like I and others on this post have said, I don't like to have any misunderstandings with folks that are packing weapons, so I am disclosing immediately when I am dealing with LEO's if they need me to pull my wallet.
As for a passenger, I keep my hands out in the open, no quick or weird movements and don't do anything or say anything unless asked as I am doing nothing illegal. If asked to pull my wallet, I preface it with "Officer, I have a concealed weapons permit and I am carrying a firearm. What would you like me to do?"
Now, all that said, your State may have different disclosure regulations and laws than mine does. I do not have to disclose in Idaho and if there is no probable cause to ask an officer may not ask if you are carrying. That is why I voluntarily disclose..........no misunderstandings.
January 10th, 2007 12:01 PM
Originally Posted by Chorizo
The same goes in VA, but it was suggested to do the same as you say in the class I took.
January 10th, 2007 12:16 PM
I guess I'll have better luck explaining search and seizure law to a bri... well never mind...
Originally Posted by garn
Your fourth party information is wrong, plain and simple. Look into it for yourself.
For those who wonder why I am being so harsh on this, I direct you to this thread...
Notice the post dates.
Enjoy your CHP, it wont last long.
Last edited by SIXTO; January 10th, 2007 at 12:25 PM.
January 10th, 2007 12:39 PM
Sixto, that is a little harsh. The lad is trying to learn and by posting here and expressing his opinions, we old dogs might be able to teach him something. Garn, I don't recommend getting into a constitutional discussion with a LE over weapons on the street. If he wants it, let him take the weapon. If you want you can take it up with his supervisors and the department LATER.
You will NOT win that discussion on the street so don't even go there.
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