LEO Right to disarm legal Concealed Carrier? - Page 2
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Thread: LEO Right to disarm legal Concealed Carrier?

  1. Quote Originally Posted by rsdonb View Post
    My own thoughts, announce your are carrying a concealed weapon, where it is and you have a CCW. This will not stop the officer from taking it but will help ease the tension. If you are legal your legal, if you are not your not. I do hope your state will get to this position. I still have a CCW and always will maybe I am just old and set in my ways.
    I am curious as to the "help ease the tension" theory. I have a chronic muscle problem that my foot pressess on the accelerator of my car too much and have gotten stopped 4 times in the last year or so. I have a Washington Concealed Pistol License. During the four stops the firearm was never an issue because I didn't make it an issue. 3 times I never exited the vehicle, the officer did not know or care the firearm was on my belt in a holster, I got 1 ticket out of 3 stops, and we all went our merry way with no tension at all.

    The 4th time I was actually asked to step out of the vehicle at the end of the stop. The officer wanted to lecture me about my speeding, but not in front of my family. I open carry, so I got out of the car and went to the back of my vehicle with the officer with my gun plainly visible on my belt in the holster. The officer lectured me, let me go with no ticket, and the firearm was never mentioned or an issue.

    When I am stopped I usually have my window rolled down with my had outside the window with my driver's license in hand and the folder with my registration and insurance in my lap. I leave the glove box door open after I get the folder out. After the officer takes my license I retrieve the insurance and registration from the folder on my lap. My chronic muscle condition has caused me to be rather familiar with this procedure .

    Heck, one time I passed the cop at a well known location for them to be at, realized I didn't take my cruise control off when I entered the reduced speed zone, and just immediately pulled into a side road with my hazard lights on and waited for him. The officer was really nice about that one

    I think many times the firearm only becomes an issue because we bring it up.

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  3. #12
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    Quote Originally Posted by Unfettered Might View Post
    Kentucky, God I love it here!!

    KRS 237.104 Rights to acquire, carry, and use deadly weapons not to be impaired during disaster or emergency -- Seizure of deadly weapons during disaster or emergency prohibited -- Application of section.
    (1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.
    (2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.
    (3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:
    (a) Forbidden to possess a firearm pursuant to KRS 527.040;
    (b) Forbidden to possess a firearm pursuant to federal law;
    (c) Violating KRS 527.020;
    (d) In possession of a stolen firearm;
    (e) Using a firearm in the commission of a separate criminal offense**; or
    (f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.
    Effective: July 12, 2006
    History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.

    **so you could be trespassing, commit any kind of traffic violation, even beat someone down with your fists(as long as you were in the right), etc and they still cant disarm you

    SWEET! I'll submit this to my representatives and suggest they add it, as we are subject to huge natural disasters here (hurricanes and earthquakes).

  4. #13
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    Quote Originally Posted by jsdinTexas View Post
    One last thing, I carry a Glock, hot (chambered) so I would make sure the officer knows this so he keeps his cotton-picking finger off the trigger if I let him disarm me.
    Same here, for all my pistols. Exactly why I will REFUSE to allow the officer to disarm me without detention/arrest. It's a safetly issue that is pretty obvious.

  5. #14
    JSDinTexas Guest
    Quote Originally Posted by Islander View Post
    Same here, for all my pistols. Exactly why I will REFUSE to allow the officer to disarm me without detention/arrest. It's a safetly issue that is pretty obvious.
    Well yeah, I understand your point, but I don't want to elevate the situation by refusal or lack of cooperation - the first thing a cop is trained to do is control the situation, and I want to allow him to do that. But I won't let anyone touch my firearm, except a cop in the stop, and don't really trust cops to exercise proper gun discipline, just hope they have some sense. Like I said, just opinion since I have not been stopped in a long time.

  6. #15
    Haved been stopped twice for speeding. Once in Colorado and in Texas. Was not carrying that time in Texas because I was coming from a military base. Both times I produced my permit along with my license. The officer in Colorado did not say anything, so I didn't. Told Texas I was not carrying at the time since I was coming from a military base. I was lucky, did not get a ticket

  7. #16
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    Quote Originally Posted by jsdinTexas View Post
    Well yeah, I understand your point, but I don't want to elevate the situation by refusal or lack of cooperation - the first thing a cop is trained to do is control the situation, and I want to allow him to do that. But I won't let anyone touch my firearm, except a cop in the stop, and don't really trust cops to exercise proper gun discipline, just hope they have some sense. Like I said, just opinion since I have not been stopped in a long time.
    Now that I think about it, I probably would strongly urge and cajole the officer to reconsider, letting him know that he has no legal authority to disarm me, and then turn over my gun if he escalated, cause I'm not going to get shot for being in the right. I'll write a letter afterword.

    Now, back to sending in that state law language for this thread!

  8. #17
    JSDinTexas Guest
    Quote Originally Posted by Islander View Post
    Now that I think about it, I probably would strongly urge and cajole the officer to reconsider, letting him know that he has no legal authority to disarm me, and then turn over my gun if he escalated, cause I'm not going to get shot for being in the right. I'll write a letter afterword.

    Now, back to sending in that state law language for this thread!
    Glad to hear it, want to keep reading your good posts.

  9. #18
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    Hi All,

    New to the forum, my question is if you are pulled over for whatever reason, the officer first off calls your tag number in, wouldn't he know then you are CCW

  10. #19
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    Quote Originally Posted by Old Irishman View Post
    Hi All,

    New to the forum, my question is if you are pulled over for whatever reason, the officer first off calls your tag number in, wouldn't he know then you are CCW
    One would think, but would need to verify. The state would need to coordinate, sometimes between agencies. For example, in FL licenses are issued by Florida Department of Agriculture.

    I think in SC that by showing our permit we are actually informing that we are armed, without having to say so. No worries about saying things like "I have a gun", etc. No other reason to show your permit in SC. If they wrote the law that way on purpose, it's really ingenious!

  11. Quote Originally Posted by Old Irishman View Post
    Hi All,

    New to the forum, my question is if you are pulled over for whatever reason, the officer first off calls your tag number in, wouldn't he know then you are CCW
    Depends entirely upon the state and how they have their permit system set up.

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