Seizure of a legally concealed and/or carried firearm during a traffic stop?

This is a discussion on Seizure of a legally concealed and/or carried firearm during a traffic stop? within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; I'm sure every state is different, but are there states in which it is legal for LEOs to ask you to hand them your weapon ...

Page 1 of 4 1234 LastLast
Results 1 to 15 of 53
Like Tree42Likes

Thread: Seizure of a legally concealed and/or carried firearm during a traffic stop?

  1. #1
    Member Array crusade's Avatar
    Join Date
    May 2013
    Location
    Nevada
    Posts
    97

    Seizure of a legally concealed and/or carried firearm during a traffic stop?

    I'm sure every state is different, but are there states in which it is legal for LEOs to ask you to hand them your weapon once they find out you have one?

    I have been debating what I might do if this issue comes up, because I don't know if it's legal or not. I'm hoping some LEOs on this forum might be able to help me out.

  2. Remove Ads

  3. #2
    VIP Member Array jonconsiglio's Avatar
    Join Date
    Dec 2008
    Location
    Corpus Christi, Texas
    Posts
    3,171
    Quote Originally Posted by crusade View Post
    I'm sure every state is different, but are there states in which it is legal for LEOs to ask you to hand them your weapon once they find out you have one?

    I have been debating what I might do if this issue comes up, because I don't know if it's legal or not. I'm hoping some LEOs on this forum might be able to help me out.
    Yes, it's a somewhat common occurrence. I've been pulled over about 5 times in the past ten years and local, county and state all treated me the same... Then gave me a warning and all but one talked a few minutes about firearms.
    Proven combat techniques may not be flashy and may require a bit more physical effort on the part of the shooter. Further, they may not win competition matches, but they will help ensure your survival in a shooting or gunfight on the street. ~Paul Howe

  4. #3
    VIP Member Array high pockets's Avatar
    Join Date
    Jun 2011
    Location
    Georgia for now
    Posts
    4,470
    Legal, or not, if a LEO asks you to hand over your weapon during the course of official interaction and you refuse ... you are probably going to jail. You may be released immediately, and you may even get an apology, but nevertheless you are probably going to have your trip interrupted while you take a detour to the local jail.
    "If you make something idiot proof, someone will make a better idiot."

    - Anon

  5. #4
    Member Array crusade's Avatar
    Join Date
    May 2013
    Location
    Nevada
    Posts
    97
    Quote Originally Posted by high pockets View Post
    Legal, or not, if a LEO asks you to hand over your weapon during the course of official interaction and you refuse ... you are probably going to jail. You may be released immediately, and you may even get an apology, but nevertheless you are probably going to have your trip interrupted while you take a detour to the local jail.
    Good point. You are probably right.

  6. #5
    VIP Member
    Array 64zebra's Avatar
    Join Date
    May 2006
    Location
    Panhandle of Texas
    Posts
    6,437
    as you said, each state is different

    In Texas, a LEO can temporarily disarm a person but must return it to them when releasing them from the scene (barring them being arrested or the weapon being booked as evidence, etc)
    5lima30ret likes this.
    LEO/CHL
    Certified Glock Armorer

    "I got a touch of hangover bureaucrat, don't push me"
    --G.W. McClintock

    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

  7. #6
    Moderator
    Array gasmitty's Avatar
    Join Date
    Jun 2007
    Location
    Gilbert, AZ
    Posts
    10,177
    Arizona is now the same way - LEO may temporarily take custody of a legally-carried weapon during the course of the interaction.
    Smitty
    NRA Endowment Member

  8. #7
    VIP Member
    Array 64zebra's Avatar
    Join Date
    May 2006
    Location
    Panhandle of Texas
    Posts
    6,437
    yeah, the key words are can or may
    LEO/CHL
    Certified Glock Armorer

    "I got a touch of hangover bureaucrat, don't push me"
    --G.W. McClintock

    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

  9. #8
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    44,552
    Quote Originally Posted by 64zebra View Post
    yeah, the key words are can or may
    ...and I believe the 'may' here refers to what the officer decides to do, no one else!
    OldVet likes this.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  10. #9
    VIP Member Array NC Bullseye's Avatar
    Join Date
    Apr 2009
    Location
    NC Foothills
    Posts
    2,514
    Chances are that you will never win a roadside debate with a LEO on surrendering your gun.
    msgt/ret, Sarge65 and stylus like this.
    North Carolina Concealed Handgun Permit Instructor
    NRA Personal Protection and Basic Pistol Instructor

  11. #10
    Senior Member Array theskunk's Avatar
    Join Date
    Mar 2011
    Location
    florida
    Posts
    800
    If you have a gun, then don't start playing lawyer with some cop on the side of the road.
    stylus likes this.

  12. #11
    Member Array tony1990's Avatar
    Join Date
    Aug 2012
    Location
    Texas
    Posts
    454
    Seems to me that the Leo should have to give you a receipt for your gun or at least you need to get his name and badge number....

    Always Fight Crime - Shoot back until it stops.
    NRA member and supporter.
    A Gun without Ammo is called a door stop.


  13. #12
    VIP Member
    Array 64zebra's Avatar
    Join Date
    May 2006
    Location
    Panhandle of Texas
    Posts
    6,437
    tony, we're referring to a traffic stop or person stopped as a pedestrian where the person is temporarily detained and the LEO temporarily disarms them during the detention, then gives it back to them when they leave
    anytime a weapon (or any other evidence) is taken to be booked into evidence it is logged, documented, etc
    sanfordreed likes this.
    LEO/CHL
    Certified Glock Armorer

    "I got a touch of hangover bureaucrat, don't push me"
    --G.W. McClintock

    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

  14. #13
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,843
    Most states allow an LEO to take your gun for the duration of the stop.

    I have been debating what I might do if this issue comes up, because I don't know if it's legal or not. I'm hoping some LEOs on this forum might be able to help me out.
    Just do what he/she tells you to do and you wont have any issues.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  15. #14
    Administrator
    Array SIXTO's Avatar
    Join Date
    Oct 2006
    Location
    Ohio
    Posts
    19,671
    I don't know of any state that doesn't allow for the temporary disarming during a stop. Right, wrong, legal or illegal, misbehavior or refusing a lawful order will land your britches in jail and probably a quick revocation of your CCW.
    If you are actually wronged by the LEO, the time to address that is not roadside.
    OldVet, 006.9V2.1 and 64zebra like this.
    "Just blame Sixto"

  16. #15
    VIP Member Array maxwell97's Avatar
    Join Date
    May 2013
    Location
    Minnesota
    Posts
    3,033
    Hand it over. Some folks get worked up over this, but at the end of the day, a gun is your tool of force, and the police are the agents employed by the state to ensure that IT can apply greater force than you. So, unless you're starting an insurrection, the cops win the argument. If they do something out of line, well, that's what courts are for.
    "Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of the way... The character inherent in the American people has done all that has been accomplished; and it would have done somewhat more, if the government had not sometimes got in its way."

Page 1 of 4 1234 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

can law enforcement seize your firearm during a traffic stop
,

case law - concealed carry seizure

,
case law temporary seizure of firearm on traffic stop
,
declaring a concealed weapon to leo
,
department of homeland security took my georgia issued carry permit after restoration of rights
,
florida traffic stop must declare concealed weapon
,
georgia concealed carry laws traffic stop
,
pa concealed carry police seizure for safe keeping
,

search and seizure laws in nv

,
tennessee return seized firearm
,

traffic stops ccw search and seizure rights

,
weapon seizure in nevada
Click on a term to search for related topics.