femurphy77
Grandmaster
Ordered you to turn over your property for a "check"? AFTER you produced your LTCH?
You'll be filing a complaint, I assume?
+1
Ordered you to turn over your property for a "check"? AFTER you produced your LTCH?
You'll be filing a complaint, I assume?
Add the ISP to the growing list of agencies that need to a refresher course in the proper method of dealing with a LTCH holder.
I just think it's crazy to be handling loaded weapons on the side of the road. The owner doesn't know the cops experience with his particular weapon and the cops are really taking a chance that they won't get shot by the owner of said weapon. Not saying a LTCH will shoot him/her but it could happen. Or a cop could use that as an excuse to shoot the citizen. Who knows what might happen out there. If a LTCH is produced it should stop there IMO. Somebody is going to get hurt soon and then the shizz will fly!
But I bet you would've got a ticket if you said no to his request .
someone once said something about refusing to accept the EDC back from the officer, which will then make them jump thru more legal hoops to get it back to you than they bargained for.
Can someone cover that again...
Jack, I'm working from my phone so I can't post the IC reference, but essentially the code specifies a very particular methodology that must be followed for the lawful return of a firearm to its owner. It requires the seizing officer to submit to the court, in writing, an affidavit attesting to certain things and it has a strict time fence that it allows for that to take place. IIRC, it also specifies penalties to the officer for not complying. When I get home I'll look it up. It would be a ballsy move, but I don't recall anyone posting here how it worked in practice. I think someone over at opencarry.org posted an AAR about going that route though.
Think of it this way.
Assume there are 20 witnesses across the street in full view your traffic stop.
The officer asks for your EDC.
Probably no one heard the request but you.
If they were that close the officer would tell them to step back, but I digress.
The officer waits until your EDC is in plain sight and them pulls out his gun and executes you.
All of the 20 witnesses would testify that you were reaching for a gun when the officer shot you dead.
And that is just one of the reasons that allowances are made for protection from illegal search and seizure in the constitution.
Legal Disclaimer:
This post is not to be taken as LEO bashing. I like the police. I think they are public servants that, for the most part, do an excellent job. Handling loaded guns in public is just dumb and needs to be called out.
I Got the EDC back with clip out and unloaded, bullets n hand.
The dude cut you some slack on the ticket. No harm no foul.
What would be the proper way to refuse to accept it, though. Roll up the window and not allow him to pass it to you. I wonder what would happen if he then just puts it on your roof and walks away. Is he at fault for any loss if you just drive away and let it fall to the road?