Give up weapon upon request when pulled over?

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  • canav844

    Expert
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    1   0   0
    Jun 22, 2011
    1,148
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    Sigh, I have explained this law ad nauseam on these boards. You are using the law for what it was NOT intended.
    More on the background for this law:
    https://www.indianagunowners.com/fo..._of_firearms_at_traffic_stop.html#post3060218

    You will NOT get a court hearing for a firearm seizure on a simple traffic stop. You either accept it back when the officer hands it to you or not. If not, it will go to our property room and you will spend the next couple of months getting it back (right or wrong).
    What it was written in response to doesn't change what was written, even if a civil lawsuit needs to be filed to get the law to be followed. Should it go upward and be changed from the bench or revised by the legislature then that is something left for the future. A IN Court of Appeals ruling in a DUI case in 2011, was overturned; the conviction was overturned because the letter of the law, not what law enforcement said the legislature intended when it was written, was what was to be followed.

    Don't take my word for it though, read Kem Gumm vs the State of Indiana:
    The language of the statute itself provides the best evidence of legislative intent, and we strive to give the words in the statute their plain and ordinary meanings.
    http://www.ai.org/judiciary/opinions/pdf/10241103pss.pdf

    Which is a good thing, because on a parallel note, if SB-1 where to be followed in the manner many in LE (and it's not a knock on you there's an FOP letter that was full of sensationalism without fact to back it up) rumored it to be "open season on law enforcement), we'd be in a very different situation than we are now where resistance must be to illegal entry as stipulated in the letter of the law. So posting what the law actually is in regards to the question, is for my :twocents: relevant. Especially when us mere citizens need to make a decision based upon it.

    I merely passed along what the statue said (and provided a link to it), pointed out that under certain circumstances your firearms can legally be seized, and pointed out the value of searching out those posts you alluded to and that this question has indeed been raised in the past. Shame on me for mentioning there might be something worth searching for while also providing the tip of the ice berg, I thought providing basic info for some search terms that would lead to discussion would be helpful to other users.:rolleyes:
     

    Jack Burton

    Shooter
    Rating - 0%
    0   0   0
    Jul 9, 2008
    2,432
    48
    NWI
    Sigh, I have explained this law ad nauseam on these boards. You are using the law for what it was NOT intended.
    More on the background for this law:
    https://www.indianagunowners.com/fo..._of_firearms_at_traffic_stop.html#post3060218

    You will NOT get a court hearing for a firearm seizure on a simple traffic stop. You either accept it back when the officer hands it to you or not. If not, it will go to our property room and you will spend the next couple of months getting it back (right or wrong).

    Won't you be surprised when you wind up in court trying to explain both why you didn't follow the law as written, and why you took a gun from a person whom you had no reason to believe was in danger.
     

    Jeremiah

    Master
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    14   0   0
    Aug 26, 2008
    1,772
    36
    Avilla, IN
    So can, in the course of a routine traffic stop, an officer take possession or your lawfully carried pistols? If so, code citation to back it up? This has happened to me twice in the past.
     

    jbrooks19

    Expert
    Rating - 96.9%
    30   1   1
    Nov 15, 2011
    893
    18
    Kokomo
    I have NEVER had a LEO ask for my firearm during a traffic stop. BTW i have 14 warnings and 3 tickets, so i have had my fair share of LEO interaction. ;) And every time i have given him (The LEO) my pink card and all he has said was "Where is the firearm" and "Dont reach for it" I even said (Jokingly) "Oh yes officer that was the first thing i thought to do when you pulled me over lol" He laughed of course, that got my a warning instead of a ticket!!!
     

    Double T

    Grandmaster
    Rating - 100%
    15   0   1
    Aug 5, 2011
    5,955
    84
    Huntington
    I will refuse to hand it over. Just like I've refused illegal searches and to exit my vehicle before.

    Refusing isn't being uncooperative, it is not waiving your RIGHTS. You don't even have to answer them in all honesty.

    "Sir do you know why I pulled you over?" That's a feeler to see if you will admit. A good response be "aren't you supposed to tell me that?" But alas, that's a surefire way to get a ticket.

    Best bet is to follow traffic and don't drive like a moron.
     

    Excalibur

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    0   2   0
    May 11, 2012
    1,855
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    NWI
    If asked, I'll say I don't consent to unwarranted search and seizure to get that in the way, even though I will let the officer take my gun anyway because he most likely will
     

    Dirtebiker

    Grandmaster
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    49   0   0
    Feb 13, 2011
    7,107
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    Greenwood
    So can, in the course of a routine traffic stop, an officer take possession or your lawfully carried pistols? If so, code citation to back it up? This has happened to me twice in the past.

    I can GAURANTEE That "in the course of a routine traffic stop" an officer CAN take your lawfully possessed firearm! No "code citation" necessary!!!
    It happened to me and obviously you and many others here!
    Whether it is LEGAL is a completely different question!
     

    CathyInBlue

    Grandmaster
    Rating - 0%
    0   0   0
    If it's not legal, then IC 35-41-3-2 might come into play, or at the very least 35-47-11.1. It's in all Indiana LEOs' best interests to act exclusively within the bounds of the law. If they do not know the bounds of the law, their widows will be suing the departments for improper training.
     
    Last edited:

    ChrisBarnes

    Marksman
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    3   0   0
    Jun 6, 2012
    184
    16
    Greenfield/Cumberland area
    I have been pulled over and I told the officer prior to him even saying anything to me. I had my hands glued to the wheel. He asked where it was and I said on my right hip. He then asked if it was loaded and I snickered and answered Yes. He then opened my door, asked me to exit and lift my jacket, he then removed it, cleared it and set it on my front seat. We then talked about how he wishes more were like me and actually did not give me a ticket. We talked for about 20 min about 2nd amendment and I went on my way. Yes this state police officer / LEO is probably a rare one. But this is how I will respond every time I am pulled over and carrying a weapon. Yes some of you will say not their right to remove it ask for it blah blah blah. I am not rich and afford attorney's to waste court time. I will just tell them and once again hope for a nice guy.
     

    Denny347

    Grandmaster
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    21   0   0
    Mar 18, 2008
    13,561
    149
    Napganistan
    Won't you be surprised when you wind up in court trying to explain both why you didn't follow the law as written, and why you took a gun from a person whom you had no reason to believe was in danger.

    I will be waiting anxiously for one of the posters on here to prove me wrong. I was around when the law was created. I know WHY it was created. I have been in Judge Collins' Court (it's in her court because she specializes mental/emotional illness) testifying for taking action via this law. Her "mental illness" court is the ONLY court taking these cases. I tire of these internet lawyers. Put your money where your mouth is. Plenty of posters create a thread about their weapon getting removed during a traffic stop and everyone whines and moans but NOTHING gets done. I have yet to see a single lawsuit for this "obvious" breach of law. I will happily accept that I am wrong if someone would actually PROVE me wrong...by taking this to court.
     

    dusterboy49

    Sharpshooter
    Rating - 0%
    0   0   0
    Mar 29, 2010
    353
    18
    Fremont
    I have read many posts on this site regarding this issue.
    While many of the posts involve ISP, I'm sure there are other agencies involved.
    I have been stopped by the sheriff's dept. in my county on two separate occasions for traffic infractions and they never inquired if I was armed.
    I believe that this is just the personal policy of some officers.
     
    Rating - 0%
    0   0   0
    Jun 15, 2009
    1,486
    38
    Valparaiso
    I have a question regarding carrying a pistol while driving.

    If I am pulled over for speeding and asked by the LEO if I have any weapons in the car, I am going to say yes and I have a license to carry the pistol. If the LEO asks for my license AND my pistol while he checks my license, am I required to hand it over?

    You don't have a permit for the pistol. You have a license to carry a handgun (any lawfully possessed handgun).

    I don't see what your point is...is not a pistol also a handgun? The OP did not say he had a permit for the pistol. He said he had a license to carry the pistol (handgun).
     

    youngda9

    Master
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    7   0   0
    I will be waiting anxiously for one of the posters on here to prove me wrong. I was around when the law was created. I know WHY it was created. I have been in Judge Collins' Court (it's in her court because she specializes mental/emotional illness) testifying for taking action via this law. Her "mental illness" court is the ONLY court taking these cases. I tire of these internet lawyers. Put your money where your mouth is. Plenty of posters create a thread about their weapon getting removed during a traffic stop and everyone whines and moans but NOTHING gets done. I have yet to see a single lawsuit for this "obvious" breach of law. I will happily accept that I am wrong if someone would actually PROVE me wrong...by taking this to court.
    I believe he has a point fellas.
     

    Jack Burton

    Shooter
    Rating - 0%
    0   0   0
    Jul 9, 2008
    2,432
    48
    NWI
    I will be waiting anxiously for one of the posters on here to prove me wrong. I was around when the law was created. I know WHY it was created. I have been in Judge Collins' Court (it's in her court because she specializes mental/emotional illness) testifying for taking action via this law. Her "mental illness" court is the ONLY court taking these cases. I tire of these internet lawyers. Put your money where your mouth is. Plenty of posters create a thread about their weapon getting removed during a traffic stop and everyone whines and moans but NOTHING gets done. I have yet to see a single lawsuit for this "obvious" breach of law. I will happily accept that I am wrong if someone would actually PROVE me wrong...by taking this to court.

    Wait in line...
     
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