Traffic stop disarm question - Page 3

Traffic stop disarm question

This is a discussion on Traffic stop disarm question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My husband a few weeks ago was headed to work. He slow rolled a stop sign and had pulled into a gas station and was ...

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Thread: Traffic stop disarm question

  1. #31
    Member Array brandy_easttx's Avatar
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    My husband a few weeks ago was headed to work. He slow rolled a stop sign and had pulled into a gas station and was already out when the county sherriff deputy pulled up behind him with his lights on. My hubby stayed at the rear of his truck while the officer was talking on the radio. The officer got out and immediately asked if he was carrying concealed.

    My husband said no, that he does not have a concealed license yet, but has applied for it but he does have a handgun concealed in his truck. The officer laughed and said you better check your mail, your license is on the way because your showing up as a chl holder. He never asked to see the Kimber he had in his truck as he was outside and it was of no threat to the officer, I suppose. He then told him to go ahead and pump his gas and have a nice night, and never told him what he did, hubby just assumes it was the stop sign since he never speeds.


  2. #32
    Member Array Danger Mouse's Avatar
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    Well here in VA its not needed to inform, BUT when I got stoped I put the car in park, turned off the ignition, rolled down the window, placed both hands on the wheel. When he approached he asked who had a firarm on them and I told him. He asked me to step out and he dis armed me, checked everything and I was on my way. In short, show no signs of aggression, not snotty attitude, speak pleasently and all should be fine.

  3. #33
    Member Array Bonesnofoa's Avatar
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    Don't ask, don't tell.

  4. #34
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    Once you declare you're packing a gun, whether you've shown your ccw permit or not, you are pretty much obligated to follow the officers request on how he wants to handle it.

    It would not be in your best intrest to refuse the officers request, regardless of where he wants to go with this.

    From what I have heard, MOST officers are very reasonable and take it as just a course of doing business. You declare "I'm a ccw holder and I'm armed,"... They say "don't show me your's and I won't show you mine" kind of thing and then go about their business.

    Sure, there is always going to be the case where a given officer is going to want you to remove your weapon and hand it over to him for the duration of the business he's conducting, and I think very, very rare is the officer that will have you step out of the car and personally be the one who physically disarms you. (I just don't see that happening at any great frequency to really worry about!)

    Yes, while that may be foolish in the extreme on the officers part, you really have the obligation to comply with his wishes or face creating a more dangerous incident for everyone.

    Basically, if you live in a state where you have to declare you are armed whenever you are stopped by LEO, then you must declare! Plain and simple!

    If you live in a state where you are not required to declare unless specifically asked by an LEO then feel free to declare if you like, or wait until you are asked.

    Either way, once you declare you have a gun, you are basically obligated to having to deal with how officer wants to proceed on HIS terms, and not yours.

    There are NO CCW laws anywhere in the USA that gives you the option of disregarding any officers request who asks you to disarm.

    I have only been pulled over twice since I've been ccw. Once I declared I was armed and once I did not declare as I am not required to unless asked. Both times nothing happened and both times I did not get a ticket for which I was being pulled over for. Each occasion everything went smoothly and without a hitch.

    As a side note: Prior to Missouri being a ccw state, a loaded pistol in a car was allowed only if it was carried in plain sight. (a concealed pistol needed to be unloaded with the ammo stored in a separate location)

    Once I was pulled over and I had my loaded .45 acp concealed inside my overnight case after a 24 hour shift at work. The gun and overnight bag were sitting in the passengers bucket seat next to me.

    Before the officer exited his car, I unzipped my bag and removed my pistol and laid it on top of the overnight bag in plain sight. The officer asked why I had a gun? I told him I always carry a pistol for protection when travelling. I was on my way, without a ticket and without a hassle as soon as he ran my license for warrants.

    He did not make me unload the gun. He did not want to handle the gun. And he did not run the serial number of the gun to see if it was stolen. He just ran my license for warrants, gave me a verbal warning for speed and that was it. No fuss, no muss!

    Every time I've interacted with LEO's while armed, has been no big deal. They all have been very professional and I've never given them a reason to cause concern.

    YMMV
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  5. #35
    Member Array garn's Avatar
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    Quote Originally Posted by macphisto View Post
    Good stuff, Sticks, especially this: "Officer I feel that it is my responsibility at this time to inform you that I have a CC permit and I am armed. For your safety and mine, I will follow any directions that you have for me and answer any questions that you have pertaining to what I have just stated."
    lol,

    If you said that line word for word to an officer, he would probably think you were frickin nuts..
    Obama didn't get elected to warranty your muffler. He's here to warranty your life.

  6. #36
    Senior Member Array Sergeant Mac's Avatar
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    The people cops need to worry about aren't going to tell us they're armed.

    The people cops DON'T need to worry about probably won't find themselves in a position where the gun will be discovered.

    I've been pulled over a few times since I've been a cop. On each occasion, I just put my hands on the steering wheel and behaved normally and politely. I never volunteered my profession or my CCW status. I've decided that the only time I will do that is if I'm asked to step out of the vehicle. This prevents both unnecessary drama and even the PERCEPTION of "professional courtesy" (which I have no interest in, either way).

  7. #37
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    Quote Originally Posted by User Name View Post
    Well here in VA its not needed to inform, BUT when I got stoped I put the car in park, turned off the ignition, rolled down the window, placed both hands on the wheel. When he approached he asked who had a firarm on them and I told him.
    The thing that upsets me about this, is that they are evidently still linking CCW permit info to drivers license. That information was supposed to be removed from drivers license information 3 or 4 years ago.

  8. #38
    Member Array Mudrunner111's Avatar
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    Hello to all this is my first post on this site. If you happen to be in Ohio you may want to consider what course of action to take during your meeting with any LEO.

    Ohio Revised Code section 2923.16 subsection (E)

    It may be interesting reading starting at (E) (3), which starts to relay about having initial contact with an LEO for what ever reason and the duty of the CCW holder (driver or passenger) to inform the LEO of a license - firearm.

    (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following:

    (1) Knowingly transport or have a loaded handgun in a motor vehicle unless one of the following applies:

    (a) The loaded handgun is in a holster on the person’s person .

    (b) The loaded handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun.

    (c) The loaded handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is locked.

    (2) If the person is transporting or has a loaded handgun in a motor vehicle in a manner authorized under division (E)(1) of this section, knowingly remove or attempt to remove the loaded handgun from the holster, case, bag, box, container, or glove compartment, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers while the motor vehicle is being operated on a street, highway, or public property unless the person removes, attempts to remove, grasps, holds, or has the contact with the loaded handgun pursuant to and in accordance with directions given by a law enforcement officer;

    (3) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and if the person is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, fail to do any of the following that is applicable:

    (a) If the person is the driver or an occupant of a motor vehicle stopped as a result of a traffic stop or a stop for another law enforcement purpose, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;

    (b) If the person is the driver or an occupant of a commercial motor vehicle stopped by an employee of the motor carrier enforcement unit for any of the defined purposes, fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle.

    (4) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose and if the person is transporting or has a loaded handgun in the motor vehicle in any manner, knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;

    (5) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose, if the person is transporting or has a loaded handgun in the motor vehicle in a manner authorized under division (E)(1) of this section, and if the person is approached by any law enforcement officer while stopped, knowingly remove or attempt to remove the loaded handgun from the holster, case, bag, box, container, or glove compartment, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;

    (6) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose and if the person is transporting or has a loaded handgun in the motor vehicle in any manner, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.

    Before the LEO gets out of their car they will know instantly, when they run the plate, the status of the registrant to the vehicle. Also important is the duty of any passenger in the vehicle to promptly provide their license and the existance of a firearm.

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