Refusing to hand over firearm at a traffic stop - MO
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Thread: Refusing to hand over firearm at a traffic stop - MO

  1. Refusing to hand over firearm at a traffic stop - MO

    I was stopped tonight by an officer here in MO. We're not a must inform state, but I treat everywhere I go as a must inform just as a general principle. The officer approached the car and I handed him my license and ccw permit and told him I was a conceal carrier and had my weapon on me. It was even in a console that was visible to him and I pointed it out.

    He then asked for the weapon to place on top of the vehicle, to which I told him I'd rather not due to 1) not wanting to be disarmed, 2) not wanting to grab the gun and move it around while it's loaded, and 3) not wanting to go for a gun with a cop standing right next to me.

    He took my licenses and came back and issued me a warning (phweh) but then told me the next time an officer asks for the gun, to give it or they'll call me in and revoke my ccw.

    I'm almost sure that's not the case, given that Missouri is a shall issue state with no duty to inform. Add to that the 4th amendment AND the 2nd amendment, and I don't see how he could do that.

    Does anyone here know? (I'm not looking to be lectured. We all have different philosophies on how far to allow the police to step on your rights).

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  3. #2
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    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
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  4. #3
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    Quote Originally Posted by bigb360;443328[B
    ] I'm almost sure that's a bunch of crap,[/B] given that Missouri is a shall issue state with no duty to inform. Add to that the 4th amendment AND the 2nd amendment, and I don't see how he could do that.

    Does anyone here know? (I'm not looking to be lectured. We all have different philosophies on how far to allow the police to step on your rights).

    So, you bet your freedom on “I’m almost sure”? If you’re going to get into a pissing contest on the side of the road you’d better have all your poop in one bowl. What would you have done if he took you out of the car and handcuffed you for “officer safety”?
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  5. #4
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    All your "poop in one bowl"! Now that is something I never thought I'd see written here!



    Sent from behind enemy lines.

  6. I would not have pressed if he demanded. He requested.

  7. #6
    Quote Originally Posted by bigb360 View Post
    told me the next time an officer asks for the gun, to give it or they'll call me in and revoke my ccw.
    Um, yeah.... so either:

    1. He just made a self admission that he was not going to do his "job" by not calling you in and revoking your ccw (and we must ask revoke it on what basis?)

    2. What did he do, enter your name and information of a database of those "warned" previously, so a second "incident" would be handled differently?

    3. Most likely you bruised an over inflated ego and he felt the need to "show you" by getting the last word in.

    I have discovered the best way to avoid being hassled by a law enforcement officer about a gun is to LEGALLY conceal it from them, when allowed to do so by law, and that also means not telling them about it, unless required to do so by law. Why should I extend an invitation to the police officer to handle my gun needlessly if I am not required to do so by law?
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  8. Quote Originally Posted by Treo View Post
    So, you bet your freedom on “I’m almost sure”? If you’re going to get into a pissing contest on the side of the road you’d better have all your poop in one bowl. What would you have done if he took you out of the car and handcuffed you for “officer safety”?


    nailed it. .

  9. #8
    Once the officer 'asked' for the weapon, and your response was that you did not feel comfortable doing that, didn't want to be disarmed, and didn't want to move a loaded weapon around, or go for a weapon with an officer standing there...

    In my end of the world, where the officer has the legal right to see the weapon you declare &/or disarm you during the traffic stop, that officer, upon your statement of refusal, COULD have immediately removed you from the vehicle, patted you down, cuffed you for his own safety, and then proceeded to call for a supervisor &/or gone and removed the weapon for the inspection he wanted in the first place. Depending on attitude/perception of your intentions at the moment of refusal, he may have arrested you, impounded the weapon, and confiscated your carry license, and sorted it all out 'downtown'.

    It does seem very odd that this officer 'warned' you to comply the NEXT time you were asked by LEO to see the weapon, and yet, himself did not force the issue right then and there to make his point...

    I'm glad it turned out well for you, but seriously, not knowing what to do in this type of situation is putting yourself in a bunch of jeopardy.

    I am very curious as to what the actual laws are pertaining to this situation in your jurisdiction.....

    Stay safe!!

  10. #9
    Quote Originally Posted by Treo View Post
    So, you bet your freedom on “I’m almost sure”? If you’re going to get into a pissing contest on the side of the road you’d better have all your poop in one bowl. What would you have done if he took you out of the car and handcuffed you for “officer safety”?
    agreed, the side of the road during a traffic stop is not the place to argue what is and isn't the law.
    YMMV

  11. Also in missouri! I had a tailight out on my 68 ford and got pulled over, i was too afraid to tell him there wS a gun inthe car even tho i have my ccw. He said "anything in the car i should know about"? I said no and he gave me a warning:/ yikes!

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