+1 State Trooper, -1 state Trooper

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  • netsecurity

    Shooter
    Rating - 100%
    22   0   0
    Oct 14, 2011
    4,201
    48
    Hancock County
    I've devised a propper response if LEO wants to take my gun based on excellent advice from this thread. I don't think any officer would be offended by this:

    "I'd rather keep my loaded handgun stowed. However, out of respect for your safety, you may move it directly to my trunk, so long as it stays in the holster."

    What if LEO took my gun to his car to scan, despite my instructions? Seems likely. Would he be reprimanded when I file a written complaint, or would I have other legal recourse? Isn't offering to allow him to put it in the the trunk going above and beyond?
     

    KG1

    Forgotten Man
    Site Supporter
    Rating - 100%
    66   0   0
    Jan 20, 2009
    26,157
    149
    I've devised a propper response if LEO wants to take my gun based on excellent advice from this thread. I don't think any officer would be offended by this:

    "I'd rather keep my loaded handgun stowed. However, out of respect for your safety, you may move it directly to my trunk, so long as it stays in the holster."

    What if LEO took my gun to his car to scan, despite my instructions? Seems likely. Would he be reprimanded when I file a written complaint, or would I have other legal recourse? Isn't offering to allow him to put it in the the trunk going above and beyond?
    I think to make him feel totally safe you could offer to get in the trunk with the holstered firearm still on your hip. :dunno:
     

    jeremy

    Grandmaster
    Rating - 100%
    7   0   0
    Feb 18, 2008
    16,482
    36
    Fiddler's Green
    I do know for a Fact, that most LEOs that have asked for my sidearm, do NOT like they response "I'll let you have my Pistol, if I can keep your Pistol here for my Safety..."
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
    48
    I've devised a propper response if LEO wants to take my gun based on excellent advice from this thread. I don't think any officer would be offended by this:

    "I'd rather keep my loaded handgun stowed. However, out of respect for your safety, you may move it directly to my trunk, so long as it stays in the holster."

    What if LEO took my gun to his car to scan, despite my instructions? Seems likely. Would he be reprimanded when I file a written complaint, or would I have other legal recourse? Isn't offering to allow him to put it in the the trunk going above and beyond?

    So now he has your gun AND consent to search your trunk. Great!
     

    SideArmed

    Master
    Rating - 100%
    3   0   0
    Apr 22, 2011
    1,739
    38
    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?

    My :twocents: on the topic of firearms seizures.

    First and foremost be sure to invoke your fourth amendment rights, "Sir, I do not consent to a search or seizure of my vehicle, self or property."
    Will probably be met with a request for you to exit the vehicle.
    Lock your doors & roll up your window on the way out.
    When the officer again requests that you be disarmed, again state you do not consent to a seizure of your property (can also throw in how you feel it is unsafe to handle loaded firearms on the side of the road), and if he feels you need to be disarmed for officer safety, state that under Indiana Code you would like a property receipt for your seized firearm, and do not wish to take back custody of it. "Sir, I do not consent to being disarmed, but will not resist. Please provide me with a property receipt for my firearm in accordance with Indiana Code 35-47-14-3"

    At some point you can also request that their supervisor be summoned to the scene. The IC is cut and dry on the issue. They will then have to articulate to a judge as to why they felt you were a threat to officer safety and why they felt the need to disarm you. Furthermore, they will have to articulate why they felt the need to continue asking about firearms after a valid LTCH was presented (In direct conflict of the opinion of Richardson v Indiana).
     

    SideArmed

    Master
    Rating - 100%
    3   0   0
    Apr 22, 2011
    1,739
    38
    I've devised a propper response if LEO wants to take my gun based on excellent advice from this thread. I don't think any officer would be offended by this:

    "I'd rather keep my loaded handgun stowed. However, out of respect for your safety, you may move it directly to my trunk, so long as it stays in the holster."

    What if LEO took my gun to his car to scan, despite my instructions? Seems likely. Would he be reprimanded when I file a written complaint, or would I have other legal recourse? Isn't offering to allow him to put it in the the trunk going above and beyond?

    Sounds great, except you just gave the officer permission to search your vehicle.

    Repeat after me, "I do not consent to any search or seizure of my vehicle, person, or property."
     

    Compatriot G

    Expert
    Rating - 0%
    0   0   0
    Jun 25, 2010
    887
    28
    New Castle
    The reason why I keep my LTCH buried is very simple. If a police officer sees the pink permission slip, he is going to start asking questions. Obviously, I can refuse to answer or tell him, "No, you can't see my pistol". However, if he doesn't see it in the first place, then we don't have to go through all of this. Since they now can get this info from running a name check, it probably doesn't matter if he can see it or not. Yet, I was pulled over by a state trooper after this info was available and he never asked about any firearms.
     

    Titanium_Frost

    Grandmaster
    Rating - 100%
    35   0   0
    Feb 6, 2011
    7,635
    83
    Southwestern Indiana
    The reason why I keep my LTCH buried is very simple. If a police officer sees the pink permission slip, he is going to start asking questions. Obviously, I can refuse to answer or tell him, "No, you can't see my pistol". However, if he doesn't see it in the first place, then we don't have to go through all of this. Since they now can get this info from running a name check, it probably doesn't matter if he can see it or not. Yet, I was pulled over by a state trooper after this info was available and he never asked about any firearms.

    As you have stated in Ind if you possess a valid LTCH it shows up when they run your information, I believe either your plates or driver info will suffice.

    According to LEOs here that info is one page of several that pops up as a 'warning' before your actual info is shown and many LEOs just skip right past it and some actually are not threatened by someone else carrying a handgun.
     

    whoismunky

    Marksman
    Rating - 100%
    13   0   0
    May 6, 2010
    172
    16
    Bloomington,IN
    My :twocents: on the topic of firearms seizures.

    First and foremost be sure to invoke your fourth amendment rights, "Sir, I do not consent to a search or seizure of my vehicle, self or property."
    Will probably be met with a request for you to exit the vehicle.
    Lock your doors & roll up your window on the way out.
    When the officer again requests that you be disarmed, again state you do not consent to a seizure of your property (can also throw in how you feel it is unsafe to handle loaded firearms on the side of the road), and if he feels you need to be disarmed for officer safety, state that under Indiana Code you would like a property receipt for your seized firearm, and do not wish to take back custody of it. "Sir, I do not consent to being disarmed, but will not resist. Please provide me with a property receipt for my firearm in accordance with Indiana Code 35-47-14-3"

    At some point you can also request that their supervisor be summoned to the scene. The IC is cut and dry on the issue. They will then have to articulate to a judge as to why they felt you were a threat to officer safety and why they felt the need to disarm you. Furthermore, they will have to articulate why they felt the need to continue asking about firearms after a valid LTCH was presented (In direct conflict of the opinion of Richardson v Indiana).

    This is the best single post I've ever read on being disarmed, repped
     

    GodFearinGunTotin

    Super Moderator
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    1   0   0
    Mar 22, 2011
    52,060
    113
    Mitchell
    My :twocents: on the topic of firearms seizures.

    First and foremost be sure to invoke your fourth amendment rights, "Sir, I do not consent to a search or seizure of my vehicle, self or property."
    Will probably be met with a request for you to exit the vehicle.
    Lock your doors & roll up your window on the way out.
    When the officer again requests that you be disarmed, again state you do not consent to a seizure of your property (can also throw in how you feel it is unsafe to handle loaded firearms on the side of the road), and if he feels you need to be disarmed for officer safety, state that under Indiana Code you would like a property receipt for your seized firearm, and do not wish to take back custody of it. "Sir, I do not consent to being disarmed, but will not resist. Please provide me with a property receipt for my firearm in accordance with Indiana Code 35-47-14-3"

    At some point you can also request that their supervisor be summoned to the scene. The IC is cut and dry on the issue. They will then have to articulate to a judge as to why they felt you were a threat to officer safety and why they felt the need to disarm you. Furthermore, they will have to articulate why they felt the need to continue asking about firearms after a valid LTCH was presented (In direct conflict of the opinion of Richardson v Indiana).

    I admire this approach...have you ever tried it? I'd be curious as to how it was recieved and handled.
     

    iChokePeople

    Master
    Rating - 100%
    51   0   1
    Feb 11, 2011
    4,556
    48
    My :twocents: on the topic of firearms seizures.

    First and foremost be sure to invoke your fourth amendment rights, "Sir, I do not consent to a search or seizure of my vehicle, self or property."
    Will probably be met with a request for you to exit the vehicle.
    Lock your doors & roll up your window on the way out.
    When the officer again requests that you be disarmed, again state you do not consent to a seizure of your property (can also throw in how you feel it is unsafe to handle loaded firearms on the side of the road), and if he feels you need to be disarmed for officer safety, state that under Indiana Code you would like a property receipt for your seized firearm, and do not wish to take back custody of it. "Sir, I do not consent to being disarmed, but will not resist. Please provide me with a property receipt for my firearm in accordance with Indiana Code 35-47-14-3"

    At some point you can also request that their supervisor be summoned to the scene. The IC is cut and dry on the issue. They will then have to articulate to a judge as to why they felt you were a threat to officer safety and why they felt the need to disarm you. Furthermore, they will have to articulate why they felt the need to continue asking about firearms after a valid LTCH was presented (In direct conflict of the opinion of Richardson v Indiana).

    Excellent. +1.

    MIGHT want to consider throwing in a quick, "Don't tase me, bro!"
     

    TaunTaun

    Master
    Rating - 0%
    0   0   0
    Nov 21, 2011
    2,027
    48
    Excellent. +1.

    MIGHT want to consider throwing in a quick, "Don't tase me, bro!"

    You forgot about blowing a raspberry and making kissy faces.


    Good info though. I really oughtta make a copy of these things and stuff them in my wallet, or post them in my truck so that the wife can read em while I'm driving.
     

    KG1

    Forgotten Man
    Site Supporter
    Rating - 100%
    66   0   0
    Jan 20, 2009
    26,157
    149
    I admire this approach...have you ever tried it? I'd be curious as to how it was recieved and handled.
    ^This^ Make sure you have some kind of audio recorder device running too. Something tells me that it won't be well received.

    Their main goal is to get your compliance and they usually like to control the situation and don't like you doing alot of talking.

    Some even get more agitated when you start talking about IC and rights instead of just keeping your mouth shut and following their commands.

    I'm not saying that all LEOs would react in a negative manner but there is always that chance. Hopefully they would react in a professional manner and not take it as a personal challenge to their authority.
     

    Bang-bang

    Sharpshooter
    Rating - 100%
    7   0   0
    Jul 1, 2011
    723
    18
    Indy/Homeplace/Carmel
    OP did the officer use those words? He wanted your pistol to check? He did not take it for "Officer Safety"? Then you handed him a safe weapon by leaving it in the holster and he proceeded to unload it beside the road?

    :popcorn:
    He said to "check"and He unloaded it in the car , I think/almost 100 % sure
     
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