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 When Stopped by Police 
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sinus211 wrote:
Korben wrote:
root wrote:
However I will NOT consent to a disarmament. There is no reason for anyone's gun to be leaving any holsters.

This is what I've been wondering about lately. Only once has the officer asked to handle the firearm and at the time it was inoperable and unloaded so I didn't care. That said when carrying normally I would refuse to let the officer handle my loaded firearm. It's safe right where it is and it's staying there until they arrest me. But could I be charged with failure to obey(again, lol) if I refused to comply with a request to let the officer disarm me?


Well there's a good question. Failure to obey "obstructing an investigation" would only be legit if they are making a legal request and you fail to comply. From what I can discern, asking to you to surrender your legally concealed weapon isn't a legal request. They could probably get a sandy vag over it and trump up some other charges or turn a small speeding ticked into a bigger one, but that's rolling the dice on the candor of the officer.

I feel like if they say "for may safety during this stop I'd like you to remove your weapon" then you respond to them "for my safety during this stop I'd like you to remove your weapon" and see how they respond.

If they say "can I take a look at your pistol?" You say, "can I take a look at yours?"


There's no way they are going to ask someone seated in a car to HAND THEM their gun. That's just dumb.

If they have concerns, they're going to ask you to step out of the vehicle.
Then they're either going to do a quick pat down or just ask you if you're armed.
Then they have a choice of ASKING you for your gun, to which you could say no.
But if they are going to TAKE your gun, they're going to cuff you first, and then take it.


Fri Jun 12, 2015 8:09 am
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Last edited by Korben on Wed Sep 23, 2015 9:31 am, edited 1 time in total.



Fri Jun 12, 2015 8:12 am
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Korben wrote:
ANZAC wrote:

There's no way they are going to ask someone seated in a car to HAND THEM their gun. That's just dumb.

I had a State Patrolman ask that, he was safe to say a little flustered.


"oh can you hand me your gun, and try not to shoot me or yourself while you are doing it?"

I'll ask about that today, but I am pretty sure ASKING a subject to put hands on their gun is a big no-no from an officer safety POV.

And it could put you in the position (to another officer or a bystander) of looking like you might be going to use the gun.

Also, none of the foregoing advice applies to interactions with the CHP, they are just dicks.


Fri Jun 12, 2015 8:31 am
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Korben wrote:
ANZAC wrote:

There's no way they are going to ask someone seated in a car to HAND THEM their gun. That's just dumb.

I had a State Patrolman ask that, he was safe to say a little flustered.


Many years ago we were doing mock scenes with a half dozen or so agencies. While taking a break from screaming at each other during the DV scenarios (big, BIG fun, by the way) we stopped by to watch the felony stops. One recruit instructed the very obviously armed driver to "take out your gun and throw it at me." BZZZZZTTTTT! Scenario stopped. After a behind-the-woodshed discussion with the senior officer in charge of running the scene, the recruit tried it again and did much better on the second go-round. The jokes about how a perp was likely to "comply" with such a request, however, lasted aaallllllll day. Good times.

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Fri Jun 12, 2015 8:45 am
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Some times, having a spine helps. I got stopped for speeding yesterday on I - 5 close to 520.

Cop does his initial deal on why he stopped me, asks for license and registration. Getting my wallet out involves pulling my daily carry knife out from beside it , so I do, dropping it on the floor of the passenger side of the car, which has always been my M.O. to avoid any misunderstandings. He then asks me " Do you have any other knives or guns in the car ? "

I looked at him straight in the eye, and said " With all due respect, sir, that is not relevant. "

End of story. He goes back to the car, runs my junk, comes back with the ticket, gives me the immortal fuck you cop line " Have a nice day. ", and we both off we fuck. No harm, no foul.

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Fri Jun 12, 2015 8:51 am
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Oh, almost forgot - no offer of my CPL, no admissions of what I do or don't have in the car or on my person, no I got 20 pounds of gunpowder and several thousand rounds of brass in the trunk, blah blah blah.

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Fri Jun 12, 2015 8:51 am
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I just spoke to a deputy. He said (I'm paraphrasing because it was a long chat) "unless we have a really good reason to see the gun while you are still seated, we're not going to even ask for it. But we may ASK for it, for officer safety but you don't have to comply. Most of the time I prefer to leave things be. If I know you have it, and you have a CPL, that's all good. But if you're still seated in the vehicle, we're not going to ask you to step out JUST so we can take the gun. We'd rather have you stay in the vehicle (constrained movement and range of fire) than out. If you're coming out of the vehicle, it will be to put you in cuffs while we figure things out, and then we'll take the gun at that time".

He also did differentiate between "routine traffic stop" and some reasonable suspicion (armed robbery down the street and description matches).

He also did describe one thing they sometimes do to people who are being dicks, is they will clear the weapon and remove the slide and hand it back in pieces....

Of course this is a sample size of one, and again this is the "out in the country, one cop by himself" view of things. Cops that know they have a lot more backup close by may be more aggressive with the situation.


Fri Jun 12, 2015 9:07 am
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Last edited by Korben on Wed Sep 23, 2015 9:32 am, edited 1 time in total.



Fri Jun 12, 2015 9:15 am
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Korben wrote:
I with no instruction to do it this way two fingered it up onto the dash very slowly with my left hand, I needed to keep this guy calm. He then after looking at my licenses for a sec asked me to hand it to him. Again he seemed like he had no idea how to handle this. I knew it was unloaded so I wasn't concerned about clearing it and I certainly wasn't going to handle it enough to clear it in front of this guy. So I grabbed it again with two fingers and my left and handed it to him. He went back to his patrol car, came back quite a while later seemingly quite calmer, handed me my gun and papers and said drive safely.


He was probably running it through the stolen gun DB. But if you think critically about it, someone with a CPL isn't a top candidate for carrying a stolen gun....
When a gun is recovered from a crime scene though, that is the very first step (after clearing it...)

And I forgot to mention my buddy said if he did ask someone to hand them their gun, it would be with the weak hand. With my carry position/orientation and type of holster, and my body size, and sitting down, I would say that would be impossible for me. (I may try it for yucks, but it would mean grabbing at the slide/safety area).

I think my answer would probably be "unless this is a directive, then I think we're both safer if my gun just stays in its holster and I don't handle it".


Fri Jun 12, 2015 9:22 am
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Tell you what officer....
How about ...
My gun stays in it's holster.
Your gun stays in your holster.
You just write a ticket for whatever it is you think I did.
Then we'll both go on our merry little way?


You could always try the GC tactic with the officer.
Quote:
A man gets pulled over for speeding.
The sheriff ambles up, asks for license and registration.
"I'm afraid I don't have it," the man replies sheepishly.
"Why not?" asks the cop.
"I, uh, think I left it at the bar. I get forgetful after a couple of drinks."
"Sir, I'm going to need you to step out of the car."
"No can do, sir. I stand up and the .45's gonna fall right outta my waistband."
The cop is almost livid by now. "Son, what is wrong with you? What are you carrying around a loaded gun for?"
"Well, the hooker's not gonna force herself into the trunk now, will she?"
By now the sheriff is on the horn for backup, and half the city has arrived, complete with swat team and the Chief.
As they've finished tearing his car apart - by the way, no dead hooker, he passed breathalyzer test, and his license was in the glove compartment - the guy is face down in the road in handcuffs, he turns to the Chief and says "Lemme guess. He probably told you I was speeding, too?"

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Fri Jun 12, 2015 9:42 am
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Snips.

Korben wrote:
Thinking about it further it's really a catch 22. When dealing with an officer who is comfortable around armed civilians then no worries it doesn't matter. When dealing with an officer who isn't comfortable around armed civilians their is no good answer, every option has risks.


If an officer isn't comfortable around armed citizens (LE are civilians just like the rest of us), then they should reconsider their line of work.

Korben wrote:
You're a LEO?


No. Non-LE people used to (and maybe still do) fill in as perps during mock scenes if there aren't enough off-duty cops available.

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Fri Jun 12, 2015 9:47 am
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ANZAC wrote:
root wrote:
Usually I will already have my wallet out and in my lap, along with the registration. So there is never a need for me to reach for things.

I do not disclose*, unless directly asked. However I will NOT consent to a disarmament. There is no reason for anyone's gun to be leaving any holsters.

* = Depending on where I am, I sometimes will hand over my CPL and DL because I know the department and a CPL can get you out of tickets. However I still do not consent to searches or seizure.


I hope for your sake if they decide to detain you that you don't resist if they want to disarm you.

Yes, but they have to have an RAS to detain. A traffic stop is not RAS for detainment.

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Sat Jun 13, 2015 1:57 pm
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root wrote:
ANZAC wrote:
root wrote:
Usually I will already have my wallet out and in my lap, along with the registration. So there is never a need for me to reach for things.

I do not disclose*, unless directly asked. However I will NOT consent to a disarmament. There is no reason for anyone's gun to be leaving any holsters.

* = Depending on where I am, I sometimes will hand over my CPL and DL because I know the department and a CPL can get you out of tickets. However I still do not consent to searches or seizure.


I hope for your sake if they decide to detain you that you don't resist if they want to disarm you.

Yes, but they have to have an RAS to detain. A traffic stop is not RAS for detainment.


Depends on what the stop is for.

Stopping someone for going 10 over gets you an NOI. Pay it by mail. No harm no foul.
Stopping someone for suspected DUI is criminal traffic. That's a criminal offense. Thus, you are being detained for investigation.

As to the original purpose of this thread:

Here's the reason why it's a good thing to tell us that you're carrying. It prevents misunderstandings.

If I pull you over and you tell me you have a CPL and that you're carrying, I have no problems. Your gun stays where it is, mine stays where it is, and we talk for a bit. More than likely I'll tell you to fix the reason for the stop, and that's it.

If you do NOT inform me that you're carrying legally and I SEE the firearm, then things can get ugly, very fast. You see, I have NO idea who you are. You might have just had a brain cramp. Or you might be a convicted felon waiting for me to drop my guard long enough to get shot. I have no idea.

So, if I'm by myself, depending on your demeanor, I might tell you to freeze. Or, you might find yourself at gunpoint.

Prevent mistakes. Let us know you're a good guy (or gal) and tell us right off the bat.

Now, to the other thing...IF ANY OFFICER ASKS YOU TO HAND OVER YOUR GUN, THEY HAVE LOST THEIR MIND.

Here's how it's done: If you have been directed by an LEO to hand over your firearm, do this: "Officer, I do NOT feel comfortable with drawing my handgun; I would much rather have you take control of it. What do you want me to do?"

That's it, folks.

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Sat Jun 13, 2015 2:37 pm
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Powderman wrote:
Here's how it's done: If you have been directed by an LEO to hand over your firearm, do this: "Officer, I do NOT feel comfortable with drawing my handgun; I would much rather have you take control of it. What do you want me to do?"

That's it, folks.


I have no idea why a police officer would ever want to take control of someones firearm. Just seems like asking for trouble at the start. Unless of course it is a detainment stop, then I get it. However unless you are going into cuffs, at no point should you be expected to let someone mess with your gun in its holster.

So it entirely depends on the Department I am dealing with if I reveal if I have a CPL or not. If you see my firearm durring a traffic stop, that is not RAS for anything anyway. So I do not get why you would say that "you might find yourself at gun point". I mean if someone reaches in that direction sure, but just because it is there? Yeah, that kinda ruffles my feathers.

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Sat Jun 13, 2015 3:42 pm
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Brilliant, intelligent, simple strategy. Great post.

Powderman for the winning LEO.

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Give a man a fish, and he will eat for a day. Give a man a fishing pole, and he will drink too much beer, get tangled in fish line, hook himself in the nose casting, fall overboard, and either drown, or, go home hungry and wet. Give a man a case of dynamite, and he will feed the whole town for a year!



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Sat Jun 13, 2015 3:57 pm
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