Citizen carry rights during LEO stops

Discussion in 'Legal and Activism' started by Triumphman, Jul 20, 2013.

  1. Triumphman

    Triumphman Active Member

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    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
     
  2. 25-5

    25-5 New Member

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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.
     
    Last edited: Jul 20, 2013

  3. ctshooter

    ctshooter New Member

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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.
     
  4. trip286

    trip286 New Member

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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.
     
  5. rjd3282

    rjd3282 New Member

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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.
     
  6. KG7IL

    KG7IL Well-Known Member

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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!
     
  7. SigArmored

    SigArmored New Member

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    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.
     
  8. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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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.
     
  9. 1911love

    1911love New Member

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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.
     
  10. trip286

    trip286 New Member

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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.
     
  11. fa35jsf

    fa35jsf New Member

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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.
     
  12. CourtJester

    CourtJester Well-Known Member

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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 ***** 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.
     
  13. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    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.
     
  14. HighSpeed

    HighSpeed New Member

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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.
     
  15. HighSpeed

    HighSpeed New Member

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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.
     
  16. Triumphman

    Triumphman Active Member

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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.

    Del
     
  17. Pasquanel

    Pasquanel Proud to be an American Supporter

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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!
     
  18. poolplayer

    poolplayer New Member

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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.
     
  19. Fred_G

    Fred_G Active Member

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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.
     
  20. JimRau

    JimRau Well-Known Member Supporter

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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.:eek:
    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!!!