LEO Right to disarm legal Concealed Carrier? - Page 5
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Thread: LEO Right to disarm legal Concealed Carrier?

  1. #41

    Same in NM

    New Mexico's relevant law is exactly the same as Texas. The wording is almost verbatim.


    Quote Originally Posted by jsdinTexas View Post
    I always refer to the actual law when addressing questions like this, and, respectfully, you should too. I am in Texas and this applies here only. It is Texas Government Code Section 411.027 (a).

    GC 411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
    (a) A peace officer who is acting in the lawful discharge of the
    officer's official duties may disarm a license holder at any time the
    officer reasonably believes it is necessary for the protection of the
    license holder, officer, or another individual. The peace officer shall
    return the handgun to the license holder before discharging the license
    holder from the scene if the officer determines that the license holder
    is not a threat to the officer, license holder, or another individual and if
    the license holder has not violated any provision of this subchapter or
    committed any other violation that results in the arrest of the license
    holder.

  2.   
  3. #42

    not sure

    It is my understanding that in TX the LEO can ask you to disarm and retain control of the firearm for the duration of the encounter. It is at the LEO's discretion. I could be wrong about this, so I offer it up to the group.

  4. #43
    Join Date
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    Hey Islander: Methinks you are playing word games with SC law when you clearly distinguish between informing him you are CC and not informing him you are armed. I guess you are saying that if you inform/show him you are CC permitted, which you must do, and he then asks you whether you are armed, you can respectfully decline to answer the question. It may not be in the written law, which may be an oversight on the part of the legislature (therefore I agree with you) but some degree of common sense would tell me that if an LEO, who does not know who you are or what your are or what you are up to, knows you are CC permitted and then gets a negative response to the "rest of the story", is not going to be a bit suspicious of your intentions way beyond your constitutional rights. I can tell you with certainty if I were an LEO and understood your correct interpretation of the law, as written, I would still be suspicious as heck and you would be stopped for quite awhile, until my superior officer is informed, and either shows up or informs me that you are correct in your posturing and I should allow you to go on your way. Just sayin---please understand that I agree with your interpretation of the law--I just disagree with, IMO, your somewhat questionable intentions.

  5. #44
    Join Date
    May 2010
    Location
    Flint, Michigan
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    756
    In Michigan, most police officers will not take your weapon unless they have reason to believe a crime is or has taken place, they do reserve the "right" to take possession for "their safety" and will typically run the serial number on the weapon for what ever reason.
    I too feel its a little ridicules, if you present your CPL [which youre supposed to upon being stopped] they have to run the serial number. I also find it stupid to hand over your weapon. Youre ultimately responsible for what happens with that gun, you purchased it with your own money, youre legally carrying the weapon, and youve also purchased the bullets.
    Ive heard in some cases where LEOs will unload the magazine and hand the back to you empty, and if youre lucky, sometimes with the bullets in a little baggy, if at all.
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

  6. #45
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    Quote Originally Posted by kelcarry View Post
    Hey Islander: Methinks you are playing word games with SC law when you clearly distinguish between informing him you are CC and not informing him you are armed. I guess you are saying that if you inform/show him you are CC permitted, which you must do, and he then asks you whether you are armed, you can respectfully decline to answer the question. It may not be in the written law, which may be an oversight on the part of the legislature (therefore I agree with you) but some degree of common sense would tell me that if an LEO, who does not know who you are or what your are or what you are up to, knows you are CC permitted and then gets a negative response to the "rest of the story", is not going to be a bit suspicious of your intentions way beyond your constitutional rights. I can tell you with certainty if I were an LEO and understood your correct interpretation of the law, as written, I would still be suspicious as heck and you would be stopped for quite awhile, until my superior officer is informed, and either shows up or informs me that you are correct in your posturing and I should allow you to go on your way. Just sayin---please understand that I agree with your interpretation of the law--I just disagree with, IMO, your somewhat questionable intentions.

    No doubt about it, playing word games here.

    But I am serious and back up my statements with the words of the actual law. Agreed, I may end up sitting on my butt for a while. In the real world, I'd probably just tell them I am armed. I like cops and get along fine with them.

    However, I have absolutely no intention of drawing my weapon or allowing the officer to do so. If he insists, of course I will comply. But the officer will have to insist. I would try my very best to let him know I am a safe, licensed individual, and that I do not feel it is necessary for me to draw my weapon and add unnecessary risk to a perfectly safe situation. I would let them know that it is unlawful for the officer to ask me to do so without probably cause. Hopefully they will agree.

    I'm not usually in a hurry to be anywhere, so if I have to wait for a supervisor to educate my public protectors, so be it.

  7. #46
    Join Date
    Nov 2010
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    SE FL and SE OH
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    In Florida, the legal types say the cops do have the right to remove it from your possession. But unless asked, you don't have to let them know you are armed. For those who live or travel in Florida armed, you might want to pick up a copy of Florida Firearms Law, Use & Ownership. It is used by many jurisdictions, Courts, Law schools, and Police Acadamies as atleast a reference book. It gets updated atleast once a year to keep it current and you can download the updates.

  8. #47
    Join Date
    Jul 2009
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    South Carolina/Charleston
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    Hey Islander: Good reply and I certainly can agree with your current comments. I guess it only comes down to more word games--what exactly does an LEO have to do to "insist". Say the word "insist" or say "kindly remove your weapon as I tell you to and hand it to me". IMO, if he asks and you have stated your constitutional case, he is insisting.

  9. #48
    I had a run of back luck with LEOs and my excessive speed earlier in the year so I got to test out the advice of my CCW instructor (retired LEO) more than once. Which was: show them your permit and inform them that you are armed and intend to fully comply with his wishes. After all no one wants a man with a gun (the LEO) to be nervous. I was told that they will know you are a permit holder the instant they run your license. Be forthright as you are the honest, law-abiding, background-checked, American citizen.

    1) Lady Trooper. Hand my license and permit and inform of the fact that I am armed. She asked where it was located. "At 4 oclock on my hip, ma'am". "OK" Hands me the permit and "I'll be right back" cha-ching, ticket for speeding.

    2) Local LEO. Asks why my permit is separate from my driver's license. Advice from CCW instructor, in case they want to lift your DL, you still have your permit. Plus expiration dates are not in sync. After he write me up, cha-ching, he asks what was I carrying, "Glock 19". "Nice gun" was his response.

    3) Local LEO. Similar story. Looks at permit, asks where the weapon was, writes me a speeding ticket.

    3 out of 3 good experiences. Expect the cost of said tickets which more than ruled out the purchase of a backup weapon. And yes, I drive much slower now.

  10. #49
    Buddy of mine was in TX a year or so back when pulled over. "Where is your weapon?" "Uh, which one?" He was CCW with three! Plus a couple more in a duffle in the back seat. Officer had him assume the position, disarmed him, and wrote him a speeding ticket.

  11. Stormtroopers can do whatever they want. The law is on their side. I just don't want to be shot by some trigger happy Barney or Barbara Fife...

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