WA State: Required to forfeit weapon during traffic stop?
Page 1 of 5 123 ... LastLast
Results 1 to 10 of 50
Like Tree23Likes

WA State: Required to forfeit weapon during traffic stop?

This is a discussion on WA State: Required to forfeit weapon during traffic stop? within the LEO Encounters forums, part of the Main Category category; I live in Washington state and was wondering if anyone had any experience with this. I haven't been stopped in ...

  1. #1
    Join Date
    Jun 2010
    Location
    Washington
    Posts
    1,271

    Default WA State: Required to forfeit weapon during traffic stop?

    I live in Washington state and was wondering if anyone had any experience with this. I haven't been stopped in several years, but occasionally my lead foot gets the better of me and inevitably I will. If I am asked whether I am carrying any weapons and have to respond that I am, if he/she then asks to secure the weapon for remainder of the stop do I have to turn it over? There is nothing in state law about it as I have damn near memorized it verbatim. I feel like refusing could fall under obstruction or such. I have no intentions of making the officer uneasy or making his job difficult but I've heard several stories of LEOs (especially young ones) mistreating or abusing the weapons they secure usually due to ignorance. Any thoughts?

  2. #2
    Join Date
    Jan 2011
    Location
    Tallahassee Florida
    Posts
    1,872

    Default

    WA has no duty to inform, further you have no duty to answer questions not directly connected to the investigation the Officer is conducting. If you're stopped for a traffic violation and the Officer asks if you have any firearms in the vehicle you are not obligated to answer and refusing to answer is not grounds for RS let alone PC.

    However should the Officer learn that you are lawfully armed the courts have ruled that an Officer may secure a lawfully carried firearm if the Officer feels it necessary to insure the Officers safety. Some Officers abuse this discretionary ruling of the courts as blanket policy. Some LEO feel that every lawfully armed citizen is a threat to their personal safety, these are Officers that should not be Officers.


    Hand cut, Hand stitched, Hand made

  3. #3
    Join Date
    Jun 2010
    Location
    Washington
    Posts
    1,271

    Default WA State: Required to forfeit weapon during traffic stop?

    Thanks for the insight! It's unfortunate that we do have officers like this.. It's usually the state troopers that give us trouble around here for some reason. Even though I live a stone's throw from Portland, OR (arguably the most liberal city in the country) all the local LEOs are fairly gun friendly. Do you happen to have the case name for that decision for reference?

  4. #4
    Join Date
    Jan 2009
    Posts
    6,097

    Default

    Quote Originally Posted by jcreek View Post
    Thanks for the insight! It's unfortunate that we do have officers like this.. It's usually the state troopers that give us trouble around here for some reason. Even though I live a stone's throw from Portland, OR (arguably the most liberal city in the country) all the local LEOs are fairly gun friendly. Do you happen to have the case name for that decision for reference?
    Terry v. Ohio:

    Terry v. Ohio

    Washington State Troopers have a reputation for being some of the most professional LEOs in the state and very, very few of them have ever been known to have any problem at all with lawfully armed citizens. There are photos floating around of them posing for pictures with lawfully armed citizens during different pro-2A rallies at the Washington State Capitol.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

  5. #5
    Join Date
    Jan 2009
    Posts
    6,097

    Default

    Another good case even more applicable to a routine traffic stop is Pennsylvania v. Mimms:

    Pennsylvania v. Mimms - 434 U.S. 106 (1977) :: Justia US Supreme Court Center
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

  6. #6
    Join Date
    Jan 2012
    Location
    Ironton, OH
    Posts
    115

    Default

    I got stopped on my way home from Dallas, I live in Texas. The trooper saw I had a concealed handgun license and asked if I had it with me. I told him that I didn't, he told me I need to start carrying it since I had the chl and he let me go with no ticket.

  7. #7
    Join Date
    Aug 2012
    Location
    Las Vegas
    Posts
    494

    Default

    Quote Originally Posted by txhkman View Post
    I got stopped on my way home from Dallas, I live in Texas. The trooper saw I had a concealed handgun license and asked if I had it with me. I told him that I didn't, he told me I need to start carrying it since I had the chl and he let me go with no ticket.
    Sounds like good advice to me.

  8. #8
    Join Date
    May 2012
    Posts
    19

    Default

    I have not had any bad experiences with the LEOs at all. My only 2 stops were for a routine license and registration check. I live in Western NC. Your plates identify to the officers the owner of the vehicle has a CCH permit. I believe it is mostly a courtesy thing. In classes we are taught to be polite, put both hands on the wheel and notify the officer that you have a concealed weapon in your possession. Then, look the officer in the eye and ask "how would you like to proceed? I do not feel comfortable about taking my hands off the wheel until you instruct me on what to do." We are talking about 30 seconds here. One officer did ask me about my weapon. I have a Glock 33. He asked to see it only because he had never handled one. My stuff checked out ok and it all ended with "Have a nice day", 2 minutes tops.

  9. #9
    Join Date
    Jun 2010
    Location
    Washington
    Posts
    1,271

    Default

    Quote Originally Posted by txhkman View Post
    I got stopped on my way home from Dallas, I live in Texas. The trooper saw I had a concealed handgun license and asked if I had it with me. I told him that I didn't, he told me I need to start carrying it since I had the chl and he let me go with no ticket.
    Having a LEO encounter like that always brightens my day a bit. I was once let off a several hundred dollar speeding ticket because the LEO thought I "looked like that kid from Zombieland."

  10. #10
    Join Date
    Jan 2009
    Posts
    6,097

    Default

    Quote Originally Posted by glock33 View Post
    I have not had any bad experiences with the LEOs at all. My only 2 stops were for a routine license and registration check. I live in Western NC. Your plates identify to the officers the owner of the vehicle has a CCH permit. I believe it is mostly a courtesy thing. In classes we are taught to be polite, put both hands on the wheel and notify the officer that you have a concealed weapon in your possession. Then, look the officer in the eye and ask "how would you like to proceed? I do not feel comfortable about taking my hands off the wheel until you instruct me on what to do." We are talking about 30 seconds here. One officer did ask me about my weapon. I have a Glock 33. He asked to see it only because he had never handled one. My stuff checked out ok and it all ended with "Have a nice day", 2 minutes tops.
    Exactly what is courteous about telling the LEO about a perfectly legal item that you are carrying concealed which has no bearing on the reason he stopped you? Do you/will you offer the same courtesy to the taxi cab driver who is inviting you into their cab? Do you/will you offer the same courtesy to the night-shift convenience store clerk who is also at risk of being the victim of a violent crime? What if they see part of your gun while you are reaching for an item off the shelf? Would it not put them at ease to know you have a permit? They just want to go home safe at the end of their shift, you know. If you are such a courteous person, than why not be equally courteous to everyone you have some sort of interaction with? Why is your courtesy limited only to law enforcement officers? And, can you GUARANTEE that every time you tell a cop about you gun it will be a 30 second encounter?

    And so what if they know the registered owner of the vehicle has a concealed carry permit? That tells them that any firearm carried by the registered owner of the vehicle is 99% chance to be legally carried. So what does it accomplish to tell the officer about an object that they ALREADY KNOW (according to your theory) is 99% chance legally possessed and carried?
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

Page 1 of 5 123 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •