Citizen carry rights during LEO stops - Page 2
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Old 07-21-2013, 04:48 AM   #11
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Wow, what a mix of stories here. Sorry Trip for all of your bad experiences.

The only time I was pulled over while carrying was strange to say the least. I pulled my truck off the busy street and into a apartment complex parking lot and turned it off. It was midday. I took my military ID, concealed permit, and DL out and put them between my fingers out my window and watched the cop in my mirrors. My other hand was on the steering wheel. The cop got out of his car, approached my back bumper and took a look at my plate. Then he slowly walked up the side of my truck until he was just behind my door, stopped and stared at me, took a giant step away from the car, and then paused before snatching out for my ID's. He flipped through them asking a few questions and when he got around to my permit all he asked was "Do you have your gun with you?". I told him yes and it was in my center console. That was it as far as the gun goes. Asked a few more questions and let me go with a verbal warning. He never went back to his car or even asked for my insurance. I think he was nervous.

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Old 07-21-2013, 04:52 AM   #12
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Michigan is a "must tell" state but I've not gotten pulled over carrying here. If they asked for it though, I'd let them have it. I'm 100% legal and I'm not willing to let a prick that doesn't like non cops with guns find a reason to make my life harder.
I don't think I'll have that issue here though. I've met a few of the local cops here and they are all totally pro CCW. The sheriff told me its less paper work if someone else shoots a bad guy rather than one of his officers. Called it a win-win in his book.

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Old 07-21-2013, 04:59 AM   #13
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Quote:
Originally Posted by CourtJester View Post
Michigan is a "must tell" state but I've not gotten pulled over carrying here. If they asked for it though, I'd let them have it. I'm 100% legal and I'm not willing to let a prick that doesn't like non cops with guns find a reason to make my life harder.
I don't think I'll have that issue here though. I've met a few of the local cops here and they are all totally pro CCW. The sheriff told me its less paper work if someone else shoots a bad guy rather than one of his officers. Called it a win-win in his book.
most of the officers i comein contact with, even from different agencies are very pro-2nd amendment. i have a friend who retired from the Texas DPS and is now a constable who is a fellow gun nut. we have gone shooting together many times. he is very much pro-2nd amendment and is very supportive of LAC's owning firearms and having a CHL.
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Old 07-21-2013, 05:04 AM   #14
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Ohio is a shall inform state if the CCW holder is currently carrying. In certain circumstances the driver may be disarmed provided the cop can reasonably articulate his need for doing so.

Example: suspected drunk driver with a CCW. Driver will be disarmed as soon as he exits the car for the sobriety tests.

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Old 07-21-2013, 05:13 AM   #15
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SCOTUS has also ruled that a police officer can order a driver out of the car for any reason, mostly for officer safety. Many cops like to get signatures for tickets on dashcams so the driver can't later say he never signed it or never got it. To do so they might have the driver step out and walk to the back of the vehicle so they're directly in front of the dashcam.

Patting down is another story all together, though. There's still an expectation of privacy and again, the cop must have reasonable, articulable suspicion to perform a "Terry frisk" (pat down for weapons).

If it goes beyond a frisk, say emptying pockets or rummaging through backpacks, probable cause is required.

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Old 07-21-2013, 05:27 AM   #16
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Thanks Fellas. Here in Missouri, it's a Do Not Have To Tell to an Officer(unless asked). We can carry anywhere in Vehicle, but once you step out, you better have a Permit if Concealed.
This is where the question comes from.

DO THEY HAVE THE RIGHT to disarm you?
NOT----I have to, need to, want to, BUT, the RIGHT to, under any Law.

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Old 07-21-2013, 06:45 AM   #17
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I will never understand why free people yield to such Draconian laws and regulations! You either are a free people or not!

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Old 07-21-2013, 03:47 PM   #18
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I was stopped in AZ.I kept my hands on the steering wheel and told him the gun was on my rt.hip.He said just leave it there.Got a fix it ticket The gun was not mentioned again.

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Old 07-21-2013, 06:19 PM   #19
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In Louisiana you have to inform them if you are detained, I am not sure if you have to tell them when you are pulled over or not. Will have to research that a bit. I have not been pulled over in years, but would probably just hand them my DL and CCL, keep my hands where they can see them and ask them what they want me to do.

I don't deal with the police much, but any time I have, they have been polite and reasonable. Well, except that one jerk YEARS ago...

A friend in Texas says he has been pulled over several times for speeding, and when he hands them his CCL, they have just told him to slow down a little. No promises that will work.

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Old 07-21-2013, 07:16 PM   #20
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Reality!!!
Colorado required you to inform a LEO in your presents if you were armed (condition of CCW, the law).
That said there is one thing I have learned after 30+ years in LE,
COPS DON'T LIKE SURPRISES!!!! Especially the young officer with little to no experience on the street.
So my realistic advice is to inform the officer(s) your armed if there is any chance they will find out through their own observations/investigations regardless of the 'law' or 'your rights'.
If they wish to overreact after you have made this declaration they will have a very hard time justifying it, but if they 'find' you armed they will have a much better justification for an overreaction.
Do as you please, but don't lose touch with reality in the process!!!

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