First Time Carrier

[TheSpark]

No.
And Yes.

They can disarm you if they can articulate a NEED to disarm you.
RAS. Reasonable Articulate Suspicion.

Unfortunately, the courts have ruled a police officer may disarm you for their safety. The traffic violation, again according to the courts, is enough.

 

[actaeon277]

Unfortunately, the courts have ruled a police officer may disarm you for their safety. The traffic violation, again according to the courts, is enough.

Yes.
they have.
If he can articulate a suspicion, that is reasonable.

 

[TheSpark]

Yes.
they have.
If he can articulate a suspicion, that is reasonable.

I am trying to find the case but I know I've read in many places in the past that they need nothing more than the traffic violation itself. No additional RAS or whatnot needed. Now, they can't search your car for it if you don't disclose it.

Edit: Can't find it, so maybe I'm wrong. I'd be glad if I was because they defiantly should not be able to.

 

[StunnedMonkey]

Now, they can't search your car for it if you don't disclose it.

Unless you're driving through Maryland with no guns in the car at all. Then they can put your face in the dirt and tear your car apart.

 

[nakinate]

Unless you're driving through Maryland with no guns in the car at all. Then they can put your face in the dirt and tear your car apart.

That's what you get for driving through Maryland! It's small enough, just drive around it.

 

[MisterChester]

You two are just bringing it upon yourselves! Think of how much cooler the other kids would think you are if you were OCing something more exotic!

Like a S&W 500?

 

[88GT]

You two are just bringing it upon yourselves! Think of how much cooler the other kids would think you are if you were OCing something more exotic!

The .50 is too heavy.

 

[actaeon277]

I am trying to find the case but I know I've read in many places in the past that they need nothing more than the traffic violation itself. No additional RAS or whatnot needed. Now, they can't search your car for it if you don't disclose it.

Edit: Can't find it, so maybe I'm wrong. I'd be glad if I was because they defiantly should not be able to.

It has to do with 4th amendment rulings. Taking your gun is seizure. Seizure is allowed in certain circumstances. Officer safety is one. But the mere presense of a firearm doesn't constitute safety anymore than searching your car just for safety.

 

[k1500]

Please don't carry on an empty chamber. If necessary, carry a gun with a positive safety and learn to turn it off while drawing.
https://www.indianagunowners.com/fo...begging*-you-stop-carrying-empty-chamber.html

 

[Cameramonkey]

and they say they want to "hold on to it", my response is simply "I do not consent to any search or seizure of my person or my property". However, if they continue on their path to coonfinger my piece, I will not resist.

Ask any of the LEOs here... you pretty much guaranteed yourself a ticket if you take this offensive and insubordinate (at least to an LEO thats pulling this stunt) attitude. . Not saying present company LEOs would actually do that... heck, there is one who is actively training officers that this is a bad, bad thing.

And yes it IS your right. But those same resident LEOs will tell you that sitting beside the highway is not always the place to forcibly argue the finer points of the 4th amendment as it relates to temporary handgun seizure.

Where you take it from there is up to you. Some people start or continue to video or audio record their interactions, some will send a letter to the commanding officer

Now, if you dont care about a ticket, not playing his game and aggressively exercising your absolute 4th is the way to go. If you want a shot at a warning, playing along with his silly game and then following up later with the Chief is probably the way to go. Plus, it is slightly more likely that he will be prevented from doing this in the future due to some remedial training.

 

[X piller X]

Ask any of the LEOs here... you pretty much guaranteed yourself a ticket if you take this offensive and insubordinate (at least to an LEO thats pulling this stunt) attitude. . Not saying present company LEOs would actually do that... heck, there is one who is actively training officers that this is a bad, bad thing.

And yes it IS your right. But those same resident LEOs will tell you that sitting beside the highway is not always the place to forcibly argue the finer points of the 4th amendment as it relates to temporary handgun seizure.




Now, if you dont care about a ticket, not playing his game and aggressively exercising your absolute 4th is the way to go. If you want a shot at a warning, playing along with his silly game and then following up later with the Chief is probably the way to go. Plus, it is slightly more likely that he will be prevented from doing this in the future due to some remedial training.

Now when they ask to hold for their safety and you comply, does that also give them the permission to search and run the gun?

 

[Cameramonkey]

Now when they ask to hold for their safety and you comply, does that also give them the permission to search and run the gun?

I would say no. But the again, he's already checking your car to make sure IT isn't stolen as part of the stop.

I'll say it again. It's a trade off. Be a perceived prick by exercising your absolute rights and guarantee a ticket. Play his stupid game and maybe get a verbal for being a nice sheeple. It's ultimately up to you and where you draw the line. I'm not saying which you should do.

 

[X piller X]

I would say no. But the again, he's already checking your car to make sure IT isn't stolen as part of the stop.

I'll say it again. It's a trade off. Be a perceived prick by exercising your absolute rights and guarantee a ticket. Play his stupid game and maybe get a verbal for being a nice sheeple. It's ultimately up to you and where you draw the line. I'm not saying which you should do.

Yeah, just curious, for no reason would i be worried or not comply.