Citizen carry rights during LEO stops
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Old 07-21-2013, 12:28 AM   #1
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Default Citizen carry rights during LEO stops

Does a LEO, during a simple Traffic Stop have the RIGHT to disarm a Legal Carrying Citizen?
You've given them your Permit/DL and other proof.

Do you have the RIGHT to say NO----If not, please elaborate on Law.

They now ask you to step out of Vehicle. Now what of your Concealed RIGHTS?

Does "I do not approve of you searching me, or my Vehicle" work in a Court of Law, when Officer knows they don't have anything other than just a minor infraction. Knowing you already told them you are carrying concealed.

Just questions----did NOT happen to me---can't answer about others.

Del

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Old 07-21-2013, 12:40 AM   #2
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Do what he tells you. Even ask how he wants to proceed. Keep your gob shut except for yes sir.
He will do the disarming.. don't even attempt to touch your weapon.

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Old 07-21-2013, 12:46 AM   #3
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Save the "I know my rights" rant for after the stop! Go to the station unarmed and due a formal complaint if you truly feel your rights have been violated.

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Old 07-21-2013, 01:02 AM   #4
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In my personal experience based on where I live and actual interactions with officers...

Louisiana is not a "must inform" state. Watch a cop drop your 1911 and chip the grips, then another one take the safety off and point it at your freaking face with their finger on the trigger while handing it back to you, and you learn pretty quick NOT to say a damn word to these ****ing ****tard Nazis who wear the Louisiana state police (highway patrol) uniform. Local PD and SD (Sheriff's "office" in Louisiana) can vary by location, but the state turds are really scraping the bottom of the scum barrel to find their personnel.

However, they can tell you have a concealed carry permit when they run your plate, and if they ask, it IS required by state law that you answer truthfully. However, because of previous experience, I will lie if asked, and I'll try to mount a defense for my actions in court if I have to, and take the punishment like a man if it doesn't work.

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Old 07-21-2013, 03:03 AM   #5
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I've only had one interaction with the police when I had a gun on me and it was very positive. Had my 7.5 inch 41 mag on my hip. He wanted to know if I had permission to hunt the ground. So we took a ride in his car to the owners place to verify. He didn't disarm me. I even asked him if I should unload my weapon before we got in his car. He told me if I had wanted to shoot him I'd have done so when I was out of range of his 9mm. He was decent and polite and had a sense of humor. A fine example of what LEO's should be.

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Old 07-21-2013, 03:04 AM   #6
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I asked my local county guy what he preferred. He said, I needn't do anything unless they ask.
But then again, we don't have many bad guys with guns around here, cause all the good guys carry!

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Old 07-21-2013, 03:17 AM   #7
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Quote:
Originally Posted by Triumphman View Post
Does a LEO, during a simple Traffic Stop have the RIGHT to disarm a Legal Carrying Citizen?
You've given them your Permit/DL and other proof.

Do you have the RIGHT to say NO----If not, please elaborate on Law.

They now ask you to step out of Vehicle. Now what of your Concealed RIGHTS?

Does "I do not approve of you searching me, or my Vehicle" work in a Court of Law, when Officer knows they don't have anything other than just a minor infraction. Knowing you already told them you are carrying concealed.

Just questions----did NOT happen to me---can't answer about others.

Del
Might want to say what state you're referring to because the answers vary from state to state .Here in Florida we have no duty to inform they cannot find out we have a carry license because they are not linked to any thing having to do with the DMV .However if an Leo pulled me over and asked me if I was armed I am obligated to tell him so and provide my carry license.
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Old 07-21-2013, 04:23 AM   #8
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in the state of Texas, under the provisions of the Castle Law, a vehicle is considered an extention of your home. as long as it's concealed, you are not under any requirement to inform them during a routine traffic stop for a traffic infraction. but if you have a CHL, then yes, you are required to inform them that you hold a CHL and have a concealed firearm. that was just changed recently.

just the other day while at work, we had two officers that came to take a report about a piece of stolen equipment and a few of us asked them this question. they said by telling them, they felt more at ease and less suspicious if they were informed of a concealed firearm within the vehicle. they felt like it was just good common courtesy to do so. one of them even said that if he was informed, he felt like he was more than likely dealing with a LAC and not someone with something to hide.

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Old 07-21-2013, 04:34 AM   #9
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Sig is right about Florida, we don't have to inform by law. I always tell them right off the bat and show my DL and CWP. I've only had one bad LEO.

I was the passenger in a vehicle coming back from the range and the driver was speeding. Upon being pulled over, I put my DL and CWP between my right index and birdie fingers and put my hand out the window and my left hand on the dash. When the FHP officer(highway patrol) approached, I told him I was carrying concealed.

The guy freaked out and undid his holster. He started screaming "WHERE'S IT AT!" a couple of times. I told him strong side IWB and he got really confused and started screaming again with his hand still on his gun. I explained what strong side IWB meant and asked what he wanted me to do. He said don't move an inch and pushed me forward onto the dash. He then disarmed me and told us both not to move or look back towards his car.

He came back a couple of minutes later and said my gun wasn't stolen, but he had some questions for me. He asked why I carried and why I had the same stuff he did(Glock with Gold Dots). I told him I carry for the same reason he does and have the same stuff because it works every time. He wasn't too happy with my answers.

He then told me not to carry while in a vehicle because it's not safe. He gave me the gun back unloaded and gave my buddy a ticket and said we could go. He was full of shi! about carrying in a vehicle and by his actions I would guess he was a rookie(he looked really young).

Every other time the LEOs have been respectful and didn't hassle me after I told them I was carrying. FWIW I always inform right away out of respect.

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Old 07-21-2013, 04:34 AM   #10
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I stopped caring about courtesy with the state police where I live, when they stopped caring about common sense, gun safety, honesty, and integrity. They freaking sell drugs here. They've busted one for selling crack, and it's common knowledge that he's just the only one who's been caught so far.

The local yokels? I drink beer with a couple of them on occasion and hang out with several others while I'm on duty. They know the only time I'm unarmed is when I'm working.

In other states I always inform, and hand it over when asked, only because I don't know who the hell I'm dealing with. Plus, my experiences with Mississippi HP (the state I travel to most frequently) has always been so top notch I somehow end up THANKING them for writing be a ticket. Smh.

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