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Posted: 6/29/2017 1:27:09 PM EDT
I read a news article about a police officer that stopped a motorist for a traffic infraction.      Driver informed officer that he was a licensed CCW and was carrying.     Officer then proceeded to ask driver to give him the weapon until they concluded business.  Which he did.    Now driver is rethinking.

Is this legit?   I've been stopped, informed officer and never had to surrender.      Is surrendering your weapon part of the law?     They didn't teach that in my classes.
Link Posted: 6/29/2017 1:33:58 PM EDT
[#1]
Did that to a family member, they thought his truck was stolen.  Turned out the SOS screwed up the registration so his plates came back blank as did his registration info.


He surrendered it and the cop just put it on the hood until they figured it all out and the cop handed his gun back and asked him to head to the sos and get that shit sorted out.




I would never "hand" over a weapon, but the cop is welcome to take it and secure it for his own and my own safety.
Link Posted: 6/29/2017 3:45:31 PM EDT
[#2]
Purely at officers discretion.  Please don't reach for it first though.
Link Posted: 6/30/2017 7:31:27 AM EDT
[#3]
There's no law saying you shall give the officer your weapon. There's also no law saying that an office may not take and secure your weapon. It is purely at the discretion of each individual officer.

Having said that, if you refuse to turn over your weapon, you may fall into disobeying a lawful order from an LEO.
Link Posted: 6/30/2017 11:12:41 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
There's no law saying you shall give the officer your weapon. There's also no law saying that an office may not take and secure your weapon. It is purely at the discretion of each individual officer.

Having said that, if you refuse to turn over your weapon, you may fall into disobeying a lawful order from an LEO.
View Quote
If there's no law saying that they can ask for it without another, articulated probable cause, how can it be a lawful order from the LEO?  Before I handed over my gun, I'd be inclined to request that they indicate exactly why they desire me to hand it over, and I would ask that they wait while I wrote up a receipt that they signed before I handed it over.  I would give them back the receipt when they gave the gun back.

You're talking about handing over a potentially $1000 or more pistol.  Not something I'd be inclined to do lightly. What if they drop it on the pavement and scratch the finish or otherwise damage the gun?  Who pays for that?

MHO, YMMV, etc.
Link Posted: 6/30/2017 9:58:24 PM EDT
[#5]
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Quoted:


If there's no law saying that they can ask for it without another, articulated probable cause, how can it be a lawful order from the LEO?  Before I handed over my gun, I'd be inclined to request that they indicate exactly why they desire me to hand it over, and I would ask that they wait while I wrote up a receipt that they signed before I handed it over.  I would give them back the receipt when they gave the gun back.

You're talking about handing over a potentially $1000 or more pistol.  Not something I'd be inclined to do lightly. What if they drop it on the pavement and scratch the finish or otherwise damage the gun?  Who pays for that?

MHO, YMMV, etc.
View Quote
It's for officer "safety".
Link Posted: 7/1/2017 2:00:18 PM EDT
[#6]
I have no issue with doing such, if it makes the officer more comfortable (as in less likely to shoot me) I'm fine with it.
Link Posted: 7/1/2017 8:43:18 PM EDT
[#7]
I'm all for officer safety.

But I'm also all about "me" safety. Having a stranger (uniform notwithstanding) remove a gun that is potentially unfamiliar to them from my holster puts me in a potentially dangerous position.
Link Posted: 7/1/2017 11:36:11 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


If there's no law saying that they can ask for it without another, articulated probable cause, how can it be a lawful order from the LEO?  Before I handed over my gun, I'd be inclined to request that they indicate exactly why they desire me to hand it over, and I would ask that they wait while I wrote up a receipt that they signed before I handed it over.  I would give them back the receipt when they gave the gun back.

You're talking about handing over a potentially $1000 or more pistol.  Not something I'd be inclined to do lightly. What if they drop it on the pavement and scratch the finish or otherwise damage the gun?  Who pays for that?

MHO, YMMV, etc.
View Quote
I'd recommend you a good lawyer because you'll need it



You're worried about your $1,000 gun while you sit in your $50,000 truck that they could drag your ass out of....
Link Posted: 7/2/2017 7:54:12 AM EDT
[#9]
I'm 50/50.  Meaning I've been stopped twice since I got my CPL in 2001, and had my pistol checked out once.


Long story, but the county clerk had screwed up my CPL, and I spent nearly and hour on the side of I-69, with about a -20 wind chill.

The other time, pushing my luck turning left on a yellow/red light, he just asked where it was and sent me on m way.
Link Posted: 7/2/2017 5:44:58 PM EDT
[#10]
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Quoted:
It's for officer "safety".
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View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:


If there's no law saying that they can ask for it without another, articulated probable cause, how can it be a lawful order from the LEO?  Before I handed over my gun, I'd be inclined to request that they indicate exactly why they desire me to hand it over, and I would ask that they wait while I wrote up a receipt that they signed before I handed it over.  I would give them back the receipt when they gave the gun back.

You're talking about handing over a potentially $1000 or more pistol.  Not something I'd be inclined to do lightly. What if they drop it on the pavement and scratch the finish or otherwise damage the gun?  Who pays for that?

MHO, YMMV, etc.
It's for officer "safety".
If there's a concern about officer safety, then the language with regard to handing over said personal property (the firearm) should be in the statute.  If the police want the right to ask for the firearm, they need to talk to the legislature and get the law changed.

MHO, YMMV, etc.
Link Posted: 7/2/2017 5:51:17 PM EDT
[#11]
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Quoted:
I'd recommend you a good lawyer because you'll need it



You're worried about your $1,000 gun while you sit in your $50,000 truck that they could drag your ass out of....
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:


If there's no law saying that they can ask for it without another, articulated probable cause, how can it be a lawful order from the LEO?  Before I handed over my gun, I'd be inclined to request that they indicate exactly why they desire me to hand it over, and I would ask that they wait while I wrote up a receipt that they signed before I handed it over.  I would give them back the receipt when they gave the gun back.

You're talking about handing over a potentially $1000 or more pistol.  Not something I'd be inclined to do lightly. What if they drop it on the pavement and scratch the finish or otherwise damage the gun?  Who pays for that?

MHO, YMMV, etc.
I'd recommend you a good lawyer because you'll need it



You're worried about your $1,000 gun while you sit in your $50,000 truck that they could drag your ass out of....
My vehicle is not worth one tenth of $50,000.  And I do own at least one $1000+ pistol.  Priorities.
Link Posted: 7/2/2017 6:36:48 PM EDT
[#12]
If an officer asks you for your weapon he has become uneasy about something. Either he is looking for someone who fits your description, had bad information come back when he called in your plates or has a gut feeling about you. Follow the officers instructions and all will be well. Start arguing about the value of your firearm, your rights etc. expect things to go south rather quickly.

Virtually 100% of the officer involved shootings that have caused riots etc. started off with somebody refusing to follow instructions.

I was driving to work once and had an officer get within 20 feet of my rear bumper to check my plate. My tour started at 0300. It wasn't unusual for the police to pay more attention to vehicles at that time of the night. I was used to it. As I pulled on to the street where I worked eight cruiser intercepted me and I pulled into the lot across the street far enough for all of them to enter. They made me show my hands, reach out of my window and open the door using the exterior latch.

When I got out I ordered to put my hands in the air then turn around, place them interlocked behind my head and you get the picture. I was placed in the back of a cruiser while they searched my truck. When the officer came back he asked if I knew why he had pulled me over? I responded I have no idea, I just know no that it's a mistake. He said "why do you think that? I said "Because it doesn't take eight cars for a simple traffic stop". He said that my vehicle had been reported stolen.

I was shocked. A bolt of panic went through me, I told him that I had purchased it brand new right here at the Ford dealership. That if it was stolen the Ford dealership had sold it to me. He went through all my paperwork which was in order, insurance, title and registration all good. My brother was on duty at an adjoining township and I told the officer to call him if he didn't believe me. My brother showed up unaware I was in custody and told the officer to go inside the place of business directly across the street, he was sure my paperwork would be in order. The officer informed my brother I was in the back seat of his patrol car. My brother started laughing.

The end result was that someone had made an error when my plate was called in. The officers on the street were working off the information they had been given. Had I been armed and refused to surrender my weapon I think things would have gone very badly for me. People make mistakes. This happened 30 years ago. It could just as easily have been yesterday.

Everybody should tell their friends and neighbors and especially their children to follow orders when the police give them. Things will work out just fine if you do.
Link Posted: 7/2/2017 6:44:35 PM EDT
[#13]
I was stopped last year for a tail light out.  Officer was informed and instructed me to keep it where it was.  I would think most cops don't want you teaching for weapons.  
Link Posted: 7/5/2017 8:56:56 AM EDT
[#14]
Quoted:
I read a news article about a police officer that stopped a motorist for a traffic infraction.      Driver informed officer that he was a licensed CCW and was carrying.     Officer then proceeded to ask driver to give him the weapon until they concluded business.  Which he did.    Now driver is rethinking.

Is this legit?   I've been stopped, informed officer and never had to surrender.      Is surrendering your weapon part of the law?     They didn't teach that in my classes.
View Quote
This happened to my brother last week.

My brother informed him that he has his CPL and that he is carrying on his right hip and the officer asked if he could remove it himself for the remainder of the stop.

My brother agreed and he was let off with a warning for the traffic stop.  Officer handed back his pistol and went on with his day.

I'd do the same if was asked by an officer.  No need to start shit.
Link Posted: 7/6/2017 10:18:31 AM EDT
[#15]
IMHO, Cops have too much shit to deal with today to listen a shit house lawyer saying, I did noting wrong & I don't have to give you my firearm.   I may be old school, but if an officer asks you to do something, you do it, that includes surrendering your firearm during a traffic stop.   If all is good you'll get it back, if not, you'll work it out.  When did it become acceptable to debate with & disobey an officer?
Link Posted: 7/6/2017 10:56:28 AM EDT
[#16]
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Quoted:
IMHO, Cops have too much shit to deal with today to listen a shit house lawyer saying, I did noting wrong & I don't have to give you my firearm.   I may be old school, but if an officer asks you to do something, you do it, that includes surrendering your firearm during a traffic stop.   If all is good you'll get it back, if not, you'll work it out.  When did it become acceptable to debate with & disobey an officer?
View Quote
Yep, and most of the time if you obey they let you off with a warning. I haven't been pulled over in a long time and have never been pulled over while carrying. I always let the officer know I have a cpl and I wasn't carrying(this was before they changed the system, where now the cpl doesn't show up unless they have reason to run a check), and always got a warning. MSP has been especially cool. i got caught going much faster than the speed limit on I-75 and they ran me and let me go with nothing.
Link Posted: 7/6/2017 4:52:12 PM EDT
[#17]
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Quoted:
When did it become acceptable to debate with & disobey an officer?
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June 17, 1775
Link Posted: 7/11/2017 1:02:49 PM EDT
[#18]
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Quoted:


June 17, 1775
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Just thinking of the youtube video where a law student trolls a Louisiana deputy at a sobriety checkpoint.  The deputy reminded me of the sheriff in the movie "Live and Let Die."
Link Posted: 7/29/2017 6:16:16 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


If there's no law saying that they can ask for it without another, articulated probable cause, how can it be a lawful order from the LEO?  Before I handed over my gun, I'd be inclined to request that they indicate exactly why they desire me to hand it over, and I would ask that they wait while I wrote up a receipt that they signed before I handed it over.  I would give them back the receipt when they gave the gun back.

You're talking about handing over a potentially $1000 or more pistol.  Not something I'd be inclined to do lightly. What if they drop it on the pavement and scratch the finish or otherwise damage the gun?  Who pays for that?

MHO, YMMV, etc.
View Quote
What's more important? Your gun or your time/money/life?

In the off chance you get pulled over and asked to surrender your weapon,  I will say it's HIGHLY probable you will lose a bunch of time at the minimum, if you refuse. Refusal is going to lead to delay, confrontation, and maybe a weapon other than yours out of the holster. And in the end they will get your weapon anyway, maybe permanently.

Up to you if the risks are worth it.
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