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

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 ...

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

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    Member Array crusade's Avatar
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    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.

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    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.
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    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.
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    Member Array crusade's Avatar
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    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.

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    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)
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    Arizona is now the same way - LEO may temporarily take custody of a legally-carried weapon during the course of the interaction.
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    yeah, the key words are can or may
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    If loose gun laws are good for criminals why do criminals support gun control?

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    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!
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    Chances are that you will never win a roadside debate with a LEO on surrendering your gun.
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    If you have a gun, then don't start playing lawyer with some cop on the side of the road.
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    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....

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    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
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    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.
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    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.
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    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.
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