I was checking out the Texas forum and stumbled across an interesting thread.  Some guys in Austin were stopped and the young cop disarmed and temporarily handcuffed both.  Both were carrying.  A supervisor arrived and supported the officers actions.  Apparently there may be a lawsuit to follow.  At the minimum a citizen complaint has been filed.  The driver was a former LEO and still is certified and is also a firearms instructor.

You'll have to read a little down the thread to get the jist again.  Apparently the original thread got deleted due to flames, etc.  This thread was started again looking for the older thread topic.  The passenger of the vehicle is the one who, I believe, posts what happened.

Linky to TX forum thread

I thought this might be a good opportunity for us to discuss our rights in AR if a similar situation arises.  You could get a good cop or you could just as easily get a dickhead.

In the above situation I could see that getting out of hand very easily if the guys getting handcuffed feel like they're rights were being violated.  The cop basically handcuffed the driver first while allowing the passenger to do what he wanted.

Thoughts?

I have had my CHL for 10 years, and have been pulled over my share of times for speeding. (Most of where I was guilty )

I have always handed the officer my DL with my CHL placed on top of it, this way its the first thing he sees.  Most of the time, they will ask me if I have a gun in the car after seeing my CHL.  I always say yes of course, and that has always been the end of it.

Then they either let me go with a warning or they rip me a new one with a expensive ticket.  

No CCL yet because i'm 20 but I do carry my AR. I have asked  a couple different LEOs about my situation one from LRPD and the other in Sherwood they said it shouldn't be an issue. But really I guess it depends on the LEO.
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If you read what happened to these guys though it just makes you wanna know more about "Our" rights in that situation vs what the cop is allowed to do.  I think the catalyst in the TX situation was the driver would not allow the officer to search his trunk.  Which made the officer push back.   I guess I can understand being handcuffed during a traffic stop for the LEOs safety.  But there's got to be a limit. I guess it's kinda hard to swallow if you're being handcuffed for legally carrying.

This has also been my experience the 2-3 times I was pulled over, no problems.

I think in your situation it would definitely depend on the LEO.  There are specific laws against doing what you're doing depending of course on how you're doing it!    It's one thing to be carrying your shotgun or rifle to hunt or go shooting but clearly another to be carrying a loaded AR.  I'd really be careful so as to not mess up your future in being able to get a CCL in the future.  All it would take is one cop who's honestly doing his job to make you a felon.   Then all you'll be using is a muzzle loader.  I think there was a discussion about this not all that long ago here.

Mag in chamber empty.

i got nicked in Monticello 2 weekends ago by a trooper. I knew I was busted as I crested the hill and saw him approaching. I was pulled over, flashers on, truck off, window down before he even completed his turn around. handed him my DL and CHP. He asked if I had a weapon on me and I said yes, and several more in the truck as we were headed Dove hunting. Since my truck is jacked up he did ask me to open the door since he couldnt see in the truck. He was a short little fucker to begin with and he joked that I could have a weapon pointed at his chest and he wouldnt be able to see it. I couldnt find my insurance card but the guy was decent about it and only gave me a warning for that but I did get a ticket for speed 70 in a 55. $135 tax. Oh well, cost of doing business.

Stopped once for speeding.  Lonely, dark highway out in the middle of nowhere by a State Trooper.  I flicked a cigarette out the window as he pulled up behind me.  He told me he'd let me get out and get it so he didn't have to write me a ticket for littering.  As I came back to my truck, I handed him my DL and CHL.  As I climbed back in my truck, he asked if I had my pistol with me.  I said yes, he asked where it was, I told him, he said leave it there and everything would be fine.  He asked for my reg and ins, I told him they were in the glove box and reached over and got them.  He went back to the car, called (I assume) the stop in.  Came back and handed me my paperwork and told me to slow down and have a good night.

Another time, went through a road block in the same area.   A young county deputy was working it.  I pulled up and handed him both.  He didn't even ask about my weapon.  He asked me if I knew I was supposed to show my CHL when stopped now.  (The law was in the works requiring it, but had fallen thru and he didn't know it)  I just responded to him, "No, I didn't know.  I just figure it's best to let you know out of courtesy."  He went on to comment on my tires and tell me about his truck.  Then let me pass without even checking my reg or ins.

I've always found that being polite and respectful to LEO's goes a long way.  Couple that with being upfront with my CHL, and they have been pleasant with me both times.

Guys this so much isn't about what to expect from the good guys but what to expect when the unexpected happens.  If you read the TX thread I linked too you'll see how that situation was not as friendly.  If you get a friendly LEO then all is well but what if you get Mr I'm the Po Po and you're gonna do as I say boy!  I think I read a older thread a while back that had some nasty stories in it from bad stops here in AR country.

Oh and what if you're carrying an NFA?   I suppose that changes things.  Reading the last posts in the TX thread makes me wonder how well the AR LEOs are trained when dealing with someone who has a full auto weapon in their car.

Correct me if I am wrong, but the local boys can't touch your legally obtained NFA weapon unless they have evidence that you have commited crime with it.  My understanding that they would have to involve the ATF, since once they take it from you they would be in possesion of a NFA weapon that was legally licensed to someone else, which as we all know is a big NO-NO.

Locals aren't even legally entitled to demand the tax stamp from what i understand.

Normally, the officer calls in your license plate number and location before he lights you up or pulls you over, when he/ she runs your drivers license (in Arkansas) dispatch will advise that you have a CHL even if hand it over with your DL...CHL info is with your DL when run...stopped = detained and I believe here handcuffs = arrest...at least thats how I used to roll...refusal to let your vehicle be searched is not grounds for handcuffs, IMO, there's no probable cause...

I've heard many times that in AR a CHL is a "get out of a ticket" card.  I'd have to say I believe it.  

Got pulled over doing 70 in a 55 by a state trooper on my way to Oaklawn this year.  There is NOTHING between Y City and Hot Springs!  Anyway I just pulled over once I saw him.  He was nice, I was nice, showed him my DL and CHL upfront and he wrote me a warning and told me to slow down.  He could not have been nicer and you better believe I drove 55 the whole way there and the entire trip home the next day!

1. Same in VA they run your plate and are advised you have a CHP.  But always hand over the CHP with DL anyways and keep hands on steering wheel
2.  Glad to see you back from the Suck.  

Thanks VooDoo, its great being back, waiting on my CHL as we speak, I'm up at the cabin right now and as soon as I finish getting all the pine needles off the roof, I have been authorized by Frau VuDu to taste the sacred hops...

Cheers

I have been pulled over twice with my CHL. Once I wasnt carrying the second time I was and the officer took it back to the cruiser with him. He was back in a few minutes with the mag out, slide locked back and the extra round in his hand. He gave me a lecture and then le tme go. That is twice now that my CHL has gotten me out of tickets and once out of a ticket that I deserved. Next time I am sure they will nail me to make up for the other times.

Negative Ghostrider. See my post above. 70 in a 55 with a CCW.  All depends on where they are with their quota.

Yeah that's true.  But you gotta admit it certainly helps.

I had to travel thru Il. on my way to Mi. and did'nt want to chance any problems in Il. So i left my weapon at home. Now I'm stuck in Novi,(Detroit) and I miss it. States like Il. fucking sucks. I should be man enough to take the hit, but it would be hard to give up all my good shit right now.