Pulled over - Page 2
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Thread: Pulled over

  1. #11
    Join Date
    Nov 2010
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    SE FL and SE OH
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    5,677
    Quote Originally Posted by NavyLT View Post
    Only those people who have no concern for their rights would say you did the wrong thing. The officer had absolutely no suspicion that your gun was stolen and had absolutely no reason to check the serial number.

    I have to stand up and applaud the officer's handling of the situation, some would have seized the gun "for officer safety" and ran the serial number anyway, an action clearly against the 4th amendment.
    That's why we don't have to say we even have one unless asked directly. But if we do, they do have the right to remove it and check it.

  2.   
  3. Quote Originally Posted by S&W645 View Post
    That's why we don't have to say we even have one unless asked directly. But if we do, they do have the right to remove it and check it.
    They have the right to temporarily seize the gun for officer safety. What does that have to do with running the serial number to see if it is stolen? The search and seizure is supposed to be limited in scope to officer safety only, not a search for further evidence of a crime for which no reasonable suspicion exists.
    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.

  4. #13

    Exclamation

    Quote Originally Posted by NavyLT View Post
    They have the right to temporarily seize the gun for officer safety. What does that have to do with running the serial number to see if it is stolen? The search and seizure is supposed to be limited in scope to officer safety only, not a search for further evidence of a crime for which no reasonable suspicion exists.
    That's why you shouldn't have the serial number of your carry piece etched into the back of your CCW Badge.

  5. Quote Originally Posted by Treo View Post
    Now that is completely different. If I would be sticking my hand anywhere near an openly displayed handgun I'd inform too.



    Doesn't apply every where in the US

    According to Handgunlaw.us Orgeon does not have a "duty to inform'
    I should have been more specific when I said that the LEO knows before he gets to your car based on car registration... Oh and before anyone gripes about it let me explain:

    I have a CHL in OR and my car is registered under my name. A LEO will typically (not always) run a plate before they get out of their car and pull up the registered owner, etc. They will often run the registered owner as well. If you have a CHL, it will show.

    Now, in OR there is not duty to inform, I never said there was and would prefer it if my comments were not taken out of context but that's the internet for you. Anyway...

    What I was saying is that in a lot of cases (not all, varies by state, etc.) the LEO may already be aware that at least the registered owner of a car has a CHL.

    By supplying your CHL, with your drivers licence your, in my opinion putting yourself in a better position...

  6. #15
    Join Date
    Apr 2010
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    Quote Originally Posted by rocketboy View Post
    By supplying your CHL, with your drivers licence your, in my opinion putting yourself in a better position...
    A better position for what exactly?

    I'm betting our ideas of what you would be putting yourself in a better postition for are quite different. ;)
    Colorado Gun Owners - COGO
    A discussion forum for Colorado Gun Owners.

  7. Quote Originally Posted by Beau View Post
    A better position for what exactly?

    I'm betting our ideas of what you would be putting yourself in a better postition for are quite different. ;)
    Showing the officer (who may already be assuming that your CCing based one the SOP when pulling a car over and running reg.) that your upfront, have noting to hide, etc.

    I'm not saying that the OP should have let the LEO run his gun, far from it. I'm not saying that the OP should have listed off infractions that he thought he did to deserve getting pulled over...

    What I am saying is that being at least a little upfront puts the LEO at ease and may go a long way to benefit you (the person getting pulled over). Many stories out there of people who got stopped, showed there CHL with their licence and only received a warning when they knew they deserved a ticket. I'm not saying that it's a get out of ticket card, or that you should think of it that way but who can afford a ticket? If you have a chance of avoiding it why not?

    I've also talked to may LEOs, from CA and OR that have told me that no matter what they always appreciate it when the driver volunteers their CHL. Make of that what I'm sure you will.

    Also, LEOs don't necessarily know the law. A family member was pulled over and did not give the LEO his CHL and the LEO gave him a bad time about it because the LEO thought he was required to. I'd rather not get into a road-side argument with a LEO... so I just show it.

    In the end it's a personal preference. Follow the law, do what you think it right for you.

    Listen, I'm the biggest privacy advocate there is. Right now OR is fighting to protect the privacy of CHL holders by passing legislation that will make the info non-public and require a court order to get. I've been writing e-mails left and right to get this legislation passed. In this case though, and again it varies by state, "The Man" already knows. I pick my battles. If I get pulled over, I want to do everything I can to let the LEO know that I'm a good guy.

    I see no reason to not let the LEO know by handing them your CHL with your licence. Of course I'd only tell them I was CCing (or not) if they asked.

  8. Suprised

    I'm surprised the officer wanted you to place the gun on the seat next to you. If i were the cop i wouldnt want you touching your gun.

  9. Quote Originally Posted by Beau View Post
    A better position for what exactly?

    I'm betting our ideas of what you would be putting yourself in a better postition for are quite different. ;)
    In Texas the law requires that you had over BOTH your CHL and your ID / DL if asked for identification. I personally do not see that as intrusive.

    Although, if we were to be absolutely constitutional about it we should not need a license to carry at all, concealed or otherwise. We are pushing our legislature that way but it is a long and slow process.

  10. #19
    JSDinTexas Guest
    Quote Originally Posted by ct1911guy View Post
    I'm surprised the officer wanted you to place the gun on the seat next to you. If i were the cop i wouldnt want you touching your gun.
    I agree. My first thought was if this were a BG she had encountered, it would have been the chance to blow her away. Very bad technique on her part in my opinion. And asking to run it? And giving a warning? New on the job I bet.

  11. #20
    I'm glad you didn't get a ticket and I think you handled it well...
    Daily carry: Sig P239 or S&W 3913
    High Noon Horsehide holster
    Black Talon ammo

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