Legally, yes. Once their gun is drawn it becomes an incident techially. If a cop drew on me because I was legally carrying a handgun then I'd file a formal compliant. Like it'd do any good, I'd still file a complaint.
So when the officer comes back from checking your pistol, do you ask him why he wasn't interested in the two other pistols, the glove compartment and ankle ones?
Yes. I don't personally see the need to debate semantics with an officer on the side of the road during a traffic stop.
To clarify, although I would not offer up the information voluntarily, I would respond to the question "Do you have any weapons in the vehicle?" with an answer like "Yes Officer, I have a folding knife in my right front pocket and a handgun on my right hip, which I have a license to carry."
Define forcibly, please?I can tell you from recent personal experience that IMPD when told that you refuse to hand over your weapon and your non consent to an illegal siezure will order you out of the vehicle, forcibly remove your weapon from your holster for officer safety and leave you standing within arms reach of your Mossberg 590 loaded with Royal Buck 00 and winchester PDX
Define forcibly, please?
i have to say, im with Tim on this one.
i have been doing something like this before i carried a gun.
I was always taught, keep the situation as comfortable as possible, and you most likely will do just fine.
When pulled over.
1. turn off your vehicle.
2. unless its raining, drop the window. definatly if you have tinted windows.
3 have your papers ready.
4 have your hands visible, if others are in the vehicle, their hands are visible to.
5 others in the vehicle, keep quite unless spoken to.
law abiding gun carryer add
6 with your papers, please include ltch.
7 inform officer of your carry status.
the officer has a tough job. make it comfortable for him/her will turn out the best for
everyone. most people do not like suprises. if you have nothing to hide, then why are you hiding?
At this point, I would already have a lawyer in tow and be demanding that they cite the court case(s) that gave them that authority and which laws specificly don't matter, and that if they were unable or unwilling to do so, the lawyer already had the lawsuit drawn up and our next stop would be the court house to file it.Also have audio of everything after that where they state that they can take it for officer safety and the law doesn't matter.
I also further have audio from my complaint to a supervisor where he states them taking it wasn't a seizure since they gave it back and that it didn't violate my rights as it was not a warrantless seizure of my property.
The officer SOMETIMES has a tough job. Writing a speeding ticket isn't really that tough!i have to say, im with Tim on this one.
i have been doing something like this before i carried a gun.
I was always taught, keep the situation as comfortable as possible, and you most likely will do just fine.
When pulled over.
1. turn off your vehicle.
2. unless its raining, drop the window. definatly if you have tinted windows.
3 have your papers ready.
4 have your hands visible, if others are in the vehicle, their hands are visible to.
5 others in the vehicle, keep quite unless spoken to.
law abiding gun carryer add
6 with your papers, please include ltch.
7 inform officer of your carry status.
the officer has a tough job. make it comfortable for him/her will turn out the best for everyone. most people do not like suprises. if you have nothing to hide, then why are you hiding?
I would say you are already adding to the discomfort level by having your papers ready before the officer is asking for them. I know if I was LEO I wouldn't want to see someone digging around for stuff inside the car before I walked up...you may be hiding dope or reaching for a weapon.
Also, if you've read through this thread you will see several of us think informing will only add to the officers discomfort if the officer is of the mindset that citizens shouldn't be armed...
The officer SOMETIMES has a tough job. Writing a speeding ticket isn't really that tough!
"make it comfortable for him"? "WILL turn out the best for everyone"? really? Go back and read what I and others have said about having our own guns pointed at us!
You are right about surprises. Unless its a birthday party, "most people do not like" them! I really DISLIKED the surprise of the trooper reaching in to my vehicle and grabbing MY gun out of MY holster!
"if you have nothing to hide, then why are you hiding?"
I'll let others respond to that, but I will ask you, do you ever carry concealed? If so, why? Also, when you are stopped for an infraction, do you tell the officer if you have a pocket knife, a tire tool, or anything else in the vehicle that could possibly be used as a weapon? Why or why not?
And your number 6 and 7, does that go for criminals too? Or just law abiding gun carriers?
lets see. writing tickets is a tough job, if there is a danger of someone shooting you cause they dont want a ticket. or are wanted for something.
i have not been pulled over since i started carrying. just lucky. everything i wrote will be used until i am givin a reason not to do that. pocket knife? once i had to step out of the vehicle, yes the officers would know of my knife.
it seems to me, that people come on the interwebz and complain about cops being high strung and pushy.
then some people offer solutions to help the police relax a little, and everybody lets them know how bad the idea is, but offer none of their own.
If i get pulled over. i was probly doing something stupid.
i am going to make their job quick and easy. it increases the chances of me getting out of there quickly and usually without a ticket.
and yes i cc. what am i hiding? My gun. i will continue to hide my gun until a police officer is in position that i feel he needs to know about it, and then i will inform him. this works for me. you do what works for you.
At this point, I would already have a lawyer in tow and be demanding that they cite the court case(s) that gave them that authority and which laws specificly don't matter, and that if they were unable or unwilling to do so, the lawyer already had the lawsuit drawn up and our next stop would be the court house to file it.
i dont know where you keep your papers but i keep mine above the visor.
i have them and my license before he is to my window.
Yes, let us know how that works out for you, attempting to take control of the police officer's stop, on the street, and threats of legal action against the officer, on the street. My guess is that you'd inflate an infraction into a misdemeanor or possibly a felony and go to jail...and still blame the police for Your actions.
If you don't like what is going on and feel wronged, you have plenty of recourse after the fact. Trying to get into a pissing match on the street is a no-winner for you. But, like my daddy always used to say, 'You go ahead and do whatever it is you're big enough to get away with'
(Just trying to give some good, practical advice to keep you liberty-free and options open, do with it or not what you will )