Originally Posted by mcramer
Im in the great State of Texas. If a person had the weapon on his hip, its as simple as asking him to keep his hands on the steering wheel while he stepped out and once he was out asking him to keep his hands on his head and asking for both his and my safety if I could secure the weapon from him momentarily. Simply asking and him consenting does not violate any constitutional rights or my oath. I would return the firearm to the holder empty. I'd give him all his ammo and magazines back, and wait until he gets down the road to reload.
In the State of Texas, CHL holders are required to display their CHL with their ID if asked for ID by a Peace Officer or Magistrate. Once that step is done, the Texas Department of Public Safety says I have every right to secure the weapon if I believe it to be a safety risk.
Maybe thats not the case for Georgia residents and peace officers, and I never said it was.
I understand what you are saying and your need for safety, but you surely realize that this kind of attitude towards licensed, legal concealed carry and this type of response to licensed, legal concealed carry is the justification that many people use when they decide not to inform officers that they are carrying unless it will be discovered otherwise.
Might i suggest that you consider leaving a properly holstered firearm holstered when doing so won't increase your personal risk, for example when the suspect/driver is in your clear view with hands purposefully in clear view for your safety & properly illuminated.
In MS, i don't need a permit to legally carry concealed "in part or in whole" in my car or home. I would immediately inform an officer in a traffic stop that my XD45 was on the passenger seat, while holding my hands conspicuously on a well-lit steering wheel, unless the firearm was fully concealed under the seat or in the glovebox. I would only discuss a fully concealed firearm if specifically asked if there was such a firearm or weapon present or if the officer needed to frisk the passenger compartment for "officer safety". Your response to a licensed, legally armed citizen is an example of why i would not bring up a concealed firearm unless specifically asked & such. Firearms Permit Unit - > § 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
97-37-1(2) Exercising authority to its very limit can result in citizens responding to such authority to their absolute minimal requirement under the law, works both ways.
Conversely, if it were my understanding that most officers in my area responded to being handed a CCW card with ID during a traffic stop by asking the holder to "keep all hands in clear view until the end of the stop, for officer safety or something similar" responses might be more favorable and equally safe for the officer.