Should LEOs disarm you when they perform a "non-felony traffic stop"?

This is a discussion on Should LEOs disarm you when they perform a "non-felony traffic stop"? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by SIXTO I think you would be wasting everybody's time. And I wouldn't wait for a supervisor to arrive. If I'm going to ...

View Poll Results: Should LEOs disarm you when they perform a "non-felony traffic stop"?

Voters
202. You may not vote on this poll
  • LEOs should disarm me immediately upon knowing I am legally carrying arms openly, but they should not disarm me when I am legally carrying concealed.

    3 1.49%
  • LEOs should disarm me immediately upon knowing I am legally carrying arms concealed, but they should not disarm me when I am legally carrying openly.

    0 0%
  • LEOs should disarm me immediately upon knowing I am legally carrying arms, either openly or concealed.

    9 4.46%
  • LEOs should not disarm me immediately upon knowing I am legally carrying arms, either openly or concealed.

    190 94.06%
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Thread: Should LEOs disarm you when they perform a "non-felony traffic stop"?

  1. #46
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    Quote Originally Posted by SIXTO View Post
    I think you would be wasting everybody's time. And I wouldn't wait for a supervisor to arrive. If I'm going to disarm you, I'm going to do so right away. Waiting would defeat the purpose of disarming.

    Besides, you are asking for far more issues and trouble once a desk jockey arrives.

    Point taken. I wouldn't be belligerent about it or doing it to waste time obviously and I'd pose the question in the name of safety.

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  3. #47
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by SIXTO View Post
    It depends on the situation, and everyone is different. I think they should be able too, but most of the time its not necessary.
    +1
    An officer must be allowed to use his head. All stops are different and cannot be preformed safely using a one size fits all rulebook.

    As far as the secondary issues some have with perceived attitudes of the cops, that is a totally different issue. If the cop is rude, to yelling or lecturing you then report that. Don't confuse the two issues.

    Michael

    P.S. I didnt answer the poll because the I did not see an answer that gave the officer an option to make his own decision.

  4. #48
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    No poll entry for me to choose... LEO's must be allowed to decide for themselves whether to disarm or not even thought a few knuckle heads will over react and go full monty on you.
    ALWAYS carry! - NEVER tell!

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  5. #49
    Member Array Erik's Avatar
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    I'm at a loss without the "it depends on the circumstances" option, or something to that effect.
    God, country, family.

  6. #50
    Ex Member Array kwikrnu's Avatar
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    Cops shouldn't stop anyone unless they have RAS. I don't think carrying a gun is RAS that a crime is being committed.

  7. #51
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    I have non resident permits. The info does NOT come up on a license check. I have NR permits from VA,NV,FL and UT. I live in MD. The cop in those jusrisdictions won't have a clue, as neither my license or car registration are in those states.
    Thats right. I've stopped several people on I-40 that had permits from other states...and I dont get any info on them.

    So far, everything has went well. I felt no need to disarm them. I'm sure that I've stopped some that probably had them and chose not to inform me.

    As long as they are'nt acting the fool, its all good.
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  8. #52
    Distinguished Member Array nutz4utwo's Avatar
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    Most traffic infractions are civil, not criminal violations.

    It should not generally be necessary to disarm someone is there is no reason to believe a crime took place. Ultimately, it should be (and is) up to the responding officer what to do. I will graciously comply.

    I will comply even if I think I am being wronged. The place to complain is not on the side of the freeway. It is to a supervisor or in court.
    "a reminder that no law can replace personal responsibility" - Bill Clinton 2010.

  9. #53
    Senior Member Array Super Trucker's Avatar
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    The more a gun is handled the more likely it is that is will get fired. During a normal traffic stop, (no felonies involved) nobody needs to touch my gun, myself included.

  10. #54
    Senior Member Array Vaquero 45's Avatar
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    Quote Originally Posted by nutz4utwo View Post
    Most traffic infractions are civil, not criminal violations.
    This is dependent on the jurisdiction. Where I live, most traffic violations are infractions, which are sort of a civil infraction. There are a few offenses that are criminal, like reckless driving, altered temporary plate, passing a school bus with stop arm extended, etc. In some states, most traffic violations are still misdemeanors, and you can be hauled to jail for speeding, if the officer chooses to do so.

    In any event, if you are lawfully detained for a violation of the law, the officer MUST have the discretion to disarm if he/she feels that it is necessary. Officers may have information that you do not, such as your vehicle matching the description of one used in a crime, etc. Also, the officer has no way of knowing if your permit is valid until he/she checks it against the database. Personally, I've seen MANY people with valid permits go to jail for various offenses, including theft, drugs and domestic violence. Unfortunately, I've taken a few of these to jail myself. A carry permit is hardly an automatic "good guy" card. It simply means that you passed a background check at the time of its issue. People change.

    Disarming is USUALLY not necessary, but it's the officer's place to determine the necessary precautions and handling of a legal detention based on his/her observations in real time....not anyone else.
    Slow is smooth.....smooth is fast.

  11. #55
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    I didn't answer the poll either....needs a choice of "officer should have the discretion"
    every traffic stop/LEO interaction is different and the officer should be able to sense something that lets them make the decision to disarm if need be, but NOT disarm just because they find out one is carrying

    and the issue of "just a traffic stop", or as the OP put only for 5mph over, tag expired, light out, etc.......all of my arrests for warrants from traffic stops were stops for no front plate, headlight out, tag/inspection expired, or low level speed violation, and remember these people are ones that didn't/don't take care of things and don't want to go to jail that night, would I disarm them....you dang right I would, we don't know their plans/thoughts or who we are dealing with (last week I pulled over a car and the guy was on parole for murder)

    Quote Originally Posted by kwikrnu
    Cops shouldn't stop anyone unless they have RAS.
    true, or see a crime committed including traffic violations
    Quote Originally Posted by kwikrnu
    I don't think carrying a gun is RAS that a crime is being committed.
    depends on the manner, place, and situation where the gun is being carried

    Quote Originally Posted by Spec
    Under No let me repeat myself NO reason should an LEO disarm a Law Abiding Citizen CC... or OC.... period
    if a cop stops a vehicle then someone wasn't law abiding, every situation is different and officers should be allowed to disarm if they can articulate why, but disarming just to disarm because someone is legally carrying I do not agree with and never would do

    Quote Originally Posted by nutz4utwo
    Most traffic infractions are civil, not criminal violations.

    It should not generally be necessary to disarm someone is there is no reason to believe a crime took place. Ultimately, it should be (and is) up to the responding officer what to do. I will graciously comply.

    I will comply even if I think I am being wronged. The place to complain is not on the side of the freeway. It is to a supervisor or in court.
    I agree except for your fist sentence....I'm not up on WA laws but here in Texas every traffic violation is a criminal violation of law, thats why we can take 'em to jail for traffic, take 'em to jail if they don't sign the ticket, get a warrant out for your arrest if you don't pay your ticket....a traffic stop/ticket is technically an arrest and your ability to sign a ticket is basically a personal recognizance bond promising that you'll appear to the court
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  12. #56
    Senior Member Array HowardCohodas's Avatar
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    Quote Originally Posted by SIXTO View Post
    It depends on the situation, and everyone is different. I think they should be able too, but most of the time its not necessary.
    Yesterday I had an opportunity to practice the checklist I teach in the CCW class about what to do when stopped.

    The officer asked for my license. Before removing my hands from the steering wheel I told him I had a CCP and was currently armed. He replied, "That's fine." I told him my license was in my back pocket and asked his permission to retrieve it. Trying to inject some humor, I told him I was a CCW instructor and had better do this correctly. He smiled and said "So am I." He asked me if I had any moving violations in the past 6 months and took my license back to his car. Less than 3 minutes later he returned my license and asked me to watch my speed.

    We had additional unrelated conversation. The interesting thing is this occurred in a village noted to be very aggressive about traffic stops.
    Howard
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  13. #57
    Senior Member Array Shadowsbane's Avatar
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    It isn't so much the dangerous stops that officers die at. It is the simple ones.
    Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.

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  14. #58
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    Quote Originally Posted by Shadowsbane View Post
    It isn't so much the dangerous stops that officers die at. It is the simple ones.
    I can't speak for the current LEOs here, but when I use to perform stops, I was very seldom aware of whether it was going to be dangerous or simple until we got into it.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

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