AR15.Com Archives
 If a police officer asks to see your concealed handgun, do you have to give it to him?
hourglassing  [Team Member]
2/1/2007 10:50:18 PM
This is not in relation to a traffic stop.

If your are walking on the street, gun properly concealed, and not involved in a citeable offense or an altercation, and for whatever reason a policeman asks for your concealed weapon, are you required to surrender it?

As I understand the traffic stop protocol, you must identify yourself as a CCW holder, and comply with the officers directions (whatever those might be).

I'm having a hard time imagining a scenario where a policeman might "read your mind", but if he asks, I think you must inform him. But must you surrender the gun if he asks for it?

I've done a little searching on the OFCC website, but this particular issue didn't seem to be addressed. If you KNOW its there, let me know and I can dig deeper...

thanks
HG
Paid Advertisement
--
Shootingcpl  [Member]
2/1/2007 10:59:52 PM
yes but he must give it back when he is done playing MATLOCK

I can think of how this might happen as you get out of your car some body sees you cover it back up and they call you in being ignorant about the CCW laws. Most likely he would ask to secure the gun and check your CCW permit. But he must give it back if you are all legal.
hourglassing  [Team Member]
2/1/2007 11:03:57 PM
thanks for the response.

I wondered how the "seeing as that I am not being cited or arrested, I choose not to surrender my weapon" line would play. Probably a good way to get a dog shot.
ArcherAce  [Member]
2/2/2007 12:46:50 AM
You are required to follow the directions of the nice officer as long as they are legal. It is his right to disarm you during the encounter if he wishes. If he wants your firearm, you need to ask him if he wants you to hand it to him or if he wants to retrieve it. If you just reach down and grab it out of your holster, well, that's a no-no. You've just broken the law by touching your firearm during an official encounter.

Remember, you are only required to inform him of your CHL status if you are in an official encounter, and if you are carrying. If he's asking you what time the donut shop opens, that is not an official enounter. You are not required to infom.

If he somehow knows you have a gun, or is asking you about a crime you witnessed, it is an official encounter. You are required to inform.

If you get pulled over, running your plates will return your CHL status. If you are carrying, the first thing you must do is inform. If you are not carrying, you are not required to inform him of your CHL status. Some recommend that as a courtesy you tell him that you have a CHL but are not carrying at the time. That's up to you.

This is not legal advise. I am not a lawyer. This info is worth exactly what you've paid for it, etc.....
Python00  [Member]
2/2/2007 1:40:08 AM
I had a discussion similar to this with my CCW instructor. The best hing for you to do "If you are not in trouble with the law" is to tell the officer where the firearm is located and tell him if he wishes to have possesion of the firearm you will let him disarm you. In no way should you ecer reach for the firearm if a officer asks about it. They are liable under law ,if they are dissarming you and you have done nothing wrong, have an accidental discharge. They are not going to take the gun from its holster unless they have a really good reason. Think about the situation, If you see an officer take a firearm from a person you do not think much of it. If an officer or another CCW holder sees you pull a gun in front of another officer, depending on their point of veiw and everyones is diffrent, they might think you are assulkting an officer. Sorry aboult this thesis post but i do not want to see fellow ccw holders getting into sticky situations.
AJE  [Team Member]
2/2/2007 3:17:28 AM

Originally Posted By ArcherAce:
You are required to follow the directions of the nice officer as long as they are legal. It is his right to disarm you during the encounter if he wishes. If he wants your firearm, you need to ask him if he wants you to hand it to him or if he wants to retrieve it. If you just reach down and grab it out of your holster, well, that's a no-no. You've just broken the law by touching your firearm during an official encounter.

Remember, you are only required to inform him of your CHL status if you are in an official encounter, and if you are carrying. If he's asking you what time the donut shop opens, that is not an official enounter. You are not required to infom.

If he somehow knows you have a gun, or is asking you about a crime you witnessed, it is an official encounter. You are required to inform.

If you get pulled over, running your plates will return your CHL status. If you are carrying, the first thing you must do is inform. If you are not carrying, you are not required to inform him of your CHL status. Some recommend that as a courtesy you tell him that you have a CHL but are not carrying at the time. That's up to you.

This is not legal advise. I am not a lawyer. This info is worth exactly what you've paid for it, etc.....


Why would I need to ask that
ArmdCtzn  [Team Member]
2/2/2007 4:16:37 PM
If an officer asks you to take your gun from your holster, it is so you will be holding it when he shoots you.


a3kid  [Member]
2/2/2007 6:20:17 PM

Originally Posted By ArmdCtzn:
If an officer asks you to take your gun from your holster, it is so you will be holding it when he shoots you.




Oh shit - I'm quoting this before it gets edited...

That's some good advice - really.

A LEO / MP ain't going to ask you to take your gun out of the holster. They will politely do that with your cooperation But not your physical assistance in handling the firearm, if they think they need to.

ETA - I'm serious. Don't go for the old "He pulled his gun on me!" trick. Jeebus - somebody's going to get hurt here...



a3kid  [Member]
2/2/2007 7:06:11 PM
.



AR-Doctor  [Member]
2/2/2007 11:49:35 PM


I had a discussion similar to this with my CCW instructor. The best hing for you to do "If you are not in trouble with the law" is to tell the officer where the firearm is located and tell him if he wishes to have possesion of the firearm you will let him disarm you. In no way should you ecer reach for the firearm if a officer asks about it. They are liable under law ,if they are dissarming you and you have done nothing wrong, have an accidental discharge. They are not going to take the gun from its holster unless they have a really good reason. Think about the situation, If you see an officer take a firearm from a person you do not think much of it. If an officer or another CCW holder sees you pull a gun in front of another officer, depending on their point of veiw and everyones is diffrent, they might think you are assulkting an officer. Sorry aboult this thesis post but i do not want to see fellow ccw holders getting into sticky situations.





This is just about the same answer I got form a HIGH ranking LEO at the state level.
Chuck  [Team Member]
2/3/2007 3:26:33 PM
The only place I read of "duty to inform" is in paragraphs involving traffic stops for law enforcement purposes. All read "stopped for law enforcement purposes" or words to that effect. Please show me where it says something else. Not being a smart ass, I'd like to know.

-- Chuck
a3kid  [Member]
2/3/2007 8:57:33 PM

Originally Posted By Chuck:
The only place I read of "duty to inform" is in paragraphs involving traffic stops for law enforcement purposes. All read "stopped for law enforcement purposes" or words to that effect. Please show me where it says something else. Not being a smart ass, I'd like to know.

-- Chuck


I have been told that the "duty to inform" comes with "being approached by" a LEO.
IOW, if you're walking down the street past a LEO, mind your own business and don't worry about carrying.

IF, the LEO decides To approach you and discuss any matter of business with you, you are required to declare.

If I'm wrong, please make that clear to me also.

I'm playing the safe side of carrying here.

-kid ::shrugs:: and waits for better input on the subject.

Chuck - All I know is that some areas are somewhat gray, and I have been advised that it is better to declare and make sure you're not going to get nailed for some alleged mistake, than to play the rebel role and pray for the best.

YMMV.

Peace, Bro.

ArcherAce  [Member]
2/4/2007 3:26:29 PM
Check out the bottom of page 15 of the Ohio Attorney Generals CCW Booklet

The bottom of page 15 answers every question that's been asked. From the booklet (highlighting by me)

Encounters with Law Enforcement While Not in a Vehicle

Not every encounter a citizen has with law enforcement occurs in connection with a traffic stop or even when in a vehicle. If you are carrying a concealed handgun and are stopped for any law enforcement purpose, you must announce to the officer that you are a concealed handgun license holder and are carrying your handgun.

The law concerning investigative detention is complex, but generally, law enforcement officers have the authority to detain individuals under certain circumstances as well as ascertain and establish safe conditions for detentions and/or investigations. This means that if an officer has a reasonable and articulable suspicion that a violation of a law has or may have been committed, they may briefly detain a person to determine whether their suspicion is correct. Under these circumstances, the officer must safely secure the scene as well as individuals. Further, if an officer has reason to believe an individual is carrying a concealed handgun, they may stop the person to determine if they are complying with the concealed carry law. As with a stop that occurs in a vehicle, the officer has the authority to take possession of your handgun for the duration of the stop. For additional information about police investigative detentions consult a private attorney.

Statutory Reference(s): R.C. 2923.126 requires license holders
who are stopped for any law enforcement purpose to advise the
officer if they are carrying a concealed handgun.


The only thing I'd add is that you let the office direct you as to how he want's to take possesion of your firearm.

Rob
hourglassing  [Team Member]
2/4/2007 5:34:28 PM

Originally Posted By ArcherAce:
Check out the bottom of page 15 of the Ohio Attorney Generals CCW Booklet



Thank you, this exactly answers my question. Thanks also to all that replied.
HG.
SubnetMask  [Team Member]
2/5/2007 9:57:18 AM
Yup. Covered in the CCW Booklet.

My only advice is to let the officer tell you how he wants to handle the gun. Me personally? I'd rather he take it from my holster, even if he asks me to do it. We're both a little less nervous if he does it, I think.

Last encounter I had while carrying was with OSP on the Turnpike, and he would have let me keep the gun locked in my glove box (his words), except that my dumbass left my registration in there with it. I thought I had it in my console. When I realized where it was, I just looked at him and went "Well...oops. It's in the glove box, and you know what? I'm not reaching in there. You do it."

He chuckled.

I literally had NOTHING else in the car - not so much as a pocket knife or even a bottle of asprin. I knew I was essentially giving him consent to search my car, but I didn't care. I stayed in the car, and he came around on the passenger side, unlocked my glove box and found my registration. He rifled around in the glove box a little after finding what he needed. I guess he couldn't help himself.

Odd, too. He unloaded my 1911, and layed it on my floor (he kept the mag and the chambered round). He left my pistol there on the floor while he ran my information. I didn't tell him about the two spare mags, but I didn't think about it until he was walking back to his car. Good thing I'm a lovable guy.

Cool guy. I remember telling him "Careful, there's one chambered" and he says "I hope so. It's pretty useless otherwise". Arfcommer?

Paid Advertisement
--