LEO Right to disarm legal Concealed Carrier? - Page 3
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Thread: LEO Right to disarm legal Concealed Carrier?

  1. #21
    Join Date
    Mar 2009
    Location
    TN, the patron state of shootin stuff
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    1,399
    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

    Tennessee has a similar state law. Yahoo for Kentucky and Tennessee!
    Suppose you were an idiot, and suppose you were a member of Congress;
    but I repeat myself.
    Mark Twain

  2.   
  3. #22
    Join Date
    Oct 2008
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    Kalifornia & Idaho
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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
    Depends on the state. I have a carry permit from Kalifornia, Idaho, Oregon, and Utah. None of them have my carry permit tied to my drivers license or my car tag.
    Maybejim

    Life Member NRA
    Life Member CRPA
    Life Member SASS

    What you say isn't as important as what the other person hears

  4. Makes me nervous

    I was stopped in CT many moons ago while carrying a 1911, cocked and locked. I let the officer know I was armed and the next thing I know there are two locals and a state cruiser on site. They wanted me to disarm so I slowly handed one of them the handgun and none could figure out how to clear it. They had me do that with all three cops having a hand on their own gun. Since it wasn't what they trained with (Beretta 92 at the time) they were clueless and more dangerous than I was.

  5. #24
    Join Date
    Jan 2010
    Location
    Kentucky
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    699
    Quote Originally Posted by ldsgeek View Post
    I was stopped in CT many moons ago while carrying a 1911, cocked and locked. I let the officer know I was armed and the next thing I know there are two locals and a state cruiser on site. They wanted me to disarm so I slowly handed one of them the handgun and none could figure out how to clear it. They had me do that with all three cops having a hand on their own gun. Since it wasn't what they trained with (Beretta 92 at the time) they were clueless and more dangerous than I was.
    The fact that there were idiots armed with guns standing around you must have been very unnerving....
    One must be wary of the mentality creating the problem or the law creating the crime.

    I love America and the Constitution, if you don't then get out!

  6. #25
    JSDinTexas Guest
    Don't know about idiots, but not being able to clear a firearm doesn't surprise me after going to a PD range and watching less than half qualify and one guy firing through his holster into the ground.

  7. #26
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    Oct 2008
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    Kalifornia & Idaho
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    1,052
    Quote Originally Posted by Unfettered Might View Post
    The fact that there were idiots armed with guns standing around you must have been very unnerving....
    This is one of the reasons I normally choose to not notify when it's not required by law. If the cop under the guise of making us safer mishandles my gun, everyone is put in danger particularly me.

    Another reason is the discussion in a cops forum where there were several arrogant morons who bragged of slamming legal CCW holders into their hoods for daring to carry. No doubt they are the minority but I live mostly in anti-gun Kalifornia where the average cop has less than 5 years on the job and they scare me.
    Maybejim

    Life Member NRA
    Life Member CRPA
    Life Member SASS

    What you say isn't as important as what the other person hears

  8. #27
    Join Date
    Mar 2009
    Location
    Indiana
    Posts
    993
    IC 35-47-11-2
    Regulation of firearms by units other than townships
    Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows:
    (1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).
    If Indiana state law does not allow police officers to confiscate firearms on (public) highways, locals can't either.
    When they "Nudge. Shove. Shoot.",
    Don't retreat. Just reload.

  9. #28
    Actually, the law says that they (cops) can't confiscate your gun, ammo, etc UNLESS you are doing something listed below in #3. So, stomping someone's butt into a mudhole would be cause for Officer Friendly to confiscate your weapon.



    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

  10. The recent laws in Kentucky and elsewhere, prohibiting gun confiscation in time of emergency, are a natural reaction to police abuses in New Orleans during that hurricane. But they don't really change traffic stops much. Without taking time to study applicable law in all 50 states, I'd say it's a pretty good bet that the cop stopping you can disarm you if he wishes. I agree that letting the average Glock or Beretta armed cop play with my condition one 1911 is a recipe for disaster. But there it is: "Officer safety" is the Prime Directive. If the Officer is scared of you (and these days, most of 'em are), he can pretty much do what he wants, disarm you, cuff you, etc. Most likely he can shoot you to death, and so long as he says "I believed my life was in danger," it will be a "good shoot."

    I was stopped a while back by a Deputy. He was cool, mentioned my speed but did not write a ticket to take my money, as is the prime function of a State Trooper. I was driving Kathleen's Jeep. After her ran my license and was about to send me on my way, he asked if I had my gun with me. He was cool, didn't ask to see my gun, but I'll tell you Washington DOES link CCW info to driver's license info. I have a hunch that if it had been my car, the vehicle license, linked to the owner's driver's license would have told him I carried.

    My state does not have a requirement to declare one's gun to a cop, only to show the Concealed Pistol License (like any other license) if a cop asks to see it.

    There's no reason for this data linkage and "warning" to the officer, except the hoplophobes wanting to provoke incidents. Cops are trained to consider all people as possibly armed. And CCW carriers as a group commit FAR fewer crimes per capita than the general public, even fewer than sworn Officers. But the idea of being confronted in a strange place, perhaps at night and isolated with one's family, by a somewhat hostile armed stranger in uniform (if you can call the paramilitary jumpsuits some of 'em wear today "uniforms"), who instantly demands you disarm, is unsettling to say the least. I think there's a secret hope someone will resist and they can use the incident to campaign against CCW.

    But when it comes to a stop, the cop does have the right to demand your gun. I will not go out of my way to tell him I have one. Personally, since learning that CCW info is linked to driver's license data, I think one should carry two or three guns, and give up one when it is demanded. But then that's me. This is 21st century Amerika and there is no guarantee at all that a policeman is your friend or has your best interests at heart.

    My goal is to survive.
    “The police of a State should never be stronger or better armed than the citizenry. An armed citizenry, willing to fight is the foundation of civil freedom.” Heinlein

  11. #30
    My cwp instructor was a former LEO. He instructed us that the best policy is to:

    1. Never touch your weapon in the presence of an officer whether being pulled over, detained, or approached. For the safety of you and the officer it is best to tell the LEO that you will not touch, unholster, or hand over your weapon. He also said it is ok to pick up your phone and call the department and ask to speak to the officers seargent. He said in the state of NC an officer has no right or legal duty to disarm a leagally armed citizen.

    2. No officer has the right to infringe your 2nd ammendment rights. Never hand over your weapon unless you are being legally arrested.

    2.

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