Yesterday afternoon I was pulled over for not completely stopping at a stop sign. I have a concealment license and keep a pistol in my truck with me at all times. I have been told by other police officers that the appreciate it when a person tells them there is a gun in your vehicle, so I did so. My concern is what happened after this. I was asked to step out of the truck and where I kept it. I can understand why I needed to step out of the truck. I do not understand why I needed to tell her where it was. She then took my gun back to her car, unloaded it and wrote me a ticket. Is it her place to remove my property from my truck like she did? I don't believe she should have. Any help would be much appreciated. Thanks guys.
A question about a traffic stop
- Thread starter JSHunter
- Start date
I don't believe she should have, either-not in NC anyway. I usually just show them my license and CCH permit at the same time with no usual controversy. Most states do allow officers to do whatever is necessary in the interest of safety, but I'd have to check with VA state and local law provisions on this one.
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I have had it both ways. One time the cop didn't care and another where he asked me for it and took it with him then gave it back when the stop was complete. It all depends on the cop and physically where the gun is located i suppose. The first stop I had it strapped to my side and the second stop it was in my sweatshirt pocket where my wallet was.
I would say...
If it's only a traffic stop and the gun is secured out of sight then why worry about it. Best bet with law enforcement.. which is part of the justice system... is to not start volunteering any info. Simply answer politely any questions you are asked.
If there is a reason for a felony stop .... mistaken identity...etc. and there is gonna be a search then absolutely announce you have a legal gun in vehicle.
If it's only a traffic stop and the gun is secured out of sight then why worry about it. Best bet with law enforcement.. which is part of the justice system... is to not start volunteering any info. Simply answer politely any questions you are asked.
If there is a reason for a felony stop .... mistaken identity...etc. and there is gonna be a search then absolutely announce you have a legal gun in vehicle.
chris in va
New member
Very true. However they have a record on their screen showing the CC permit.
I've handed over my permit 4 times, once in WV. He was appreciative and gave me a warning (speeding), the other three simply handed it back to me saying "I don't need this".
In TX if we have the gun, durign a stop, then you must show your CHL, and the officer can disarm you until the stop is over.
When I took my class, the instructor told us about him getting stoped in a small town around here, he said the officer took his gun, and had him pop his trunk, the officer then removed the magazine and unloaded all the ammo, after issuing the ticket, the officer told him not to go retrieve his gun and load it until the officers car was out of sight. Sounds a bit excessive on LEO's part, but legal.
When I took my class, the instructor told us about him getting stoped in a small town around here, he said the officer took his gun, and had him pop his trunk, the officer then removed the magazine and unloaded all the ammo, after issuing the ticket, the officer told him not to go retrieve his gun and load it until the officers car was out of sight. Sounds a bit excessive on LEO's part, but legal.
Which is why any LEO in VA worth his/her salt will know before walking up to your vehicle whether you are legally allowed to carry a weapon or not. But alas, as I found out in person, some LEO's sometimes dont bother running plates before approaching vehicles which they have stopped. In my opinion, all LEO's should be asking whether or not any weapons are present in the vehicle at the same time they ask for your license and registration...
Officers have very broad discretion during traffic stops (and other citizen interactions) to assure their own safety. We may not like it, but for the most part it's quite legal. This was based on a Supreme Court ruling 40 years ago:
http://www.floridasupremecourt.org/education/cybercourt/1999/feb/terry.html
Different LE agencies may have different guidelines for their officers (typically it varies based on the local political climate), but in any case the officer was within her legal rights to remove and control your weapon for the duration of the stop.
pax
http://www.floridasupremecourt.org/education/cybercourt/1999/feb/terry.html
Different LE agencies may have different guidelines for their officers (typically it varies based on the local political climate), but in any case the officer was within her legal rights to remove and control your weapon for the duration of the stop.
pax
Just got stopped the other day while carrying, first time it had ever happened to me. In Nevada, there is no law requiring to inform the officer, but I chose to. Informed him, with hands up on the steering wheel and palms open, that I had something I needed to tell him before we start. I told him I have a valid CCW permit, and I am in deed armed.
Little bit of chit chat about the piece, he was surprised a 5 shot .38 could fit in a pocket with a holster and conceal just fine. He was also shocked at the amount of weapons listed on my carry permit. He never even ran my information, informed me the registration on my company vehicle was expired, and that I should have book keeping stay on top of it.
All in all, good stop and good experience. Usually I carry on my hip if I'm not working, and my fear is that an officer approaching from the passenger side might see the weapon while I'm digging for my wallet in the back pocket on that same strong side... I chose to inform the officer up front to avoid having his muzzle in my ear.
Little bit of chit chat about the piece, he was surprised a 5 shot .38 could fit in a pocket with a holster and conceal just fine. He was also shocked at the amount of weapons listed on my carry permit. He never even ran my information, informed me the registration on my company vehicle was expired, and that I should have book keeping stay on top of it.
All in all, good stop and good experience. Usually I carry on my hip if I'm not working, and my fear is that an officer approaching from the passenger side might see the weapon while I'm digging for my wallet in the back pocket on that same strong side... I chose to inform the officer up front to avoid having his muzzle in my ear.
In Nebraska, we are required to inform LE that we are carrying when interacting with them in an official capacity.
I've never been stopped outside of my county so I don't know what those officers do.
I was stopped in my county once and when I told the LE (that I knew) that I had a firearm in my vehicle, his response was, "What?!? Only one???"
I've never been stopped outside of my county so I don't know what those officers do.
I was stopped in my county once and when I told the LE (that I knew) that I had a firearm in my vehicle, his response was, "What?!? Only one???"
About a month ago, while taking my daughter to the airport over in Medford, OR, I got pulled over for speeding (doing 64 in a 55 - the officer said that the locals were complaining about how fast everyone was doing through that stretch) and I handed him both my D.L. and my carry permit. He gave me back the permit and said I don't this, but he did give me a ticket. Nice guy.
scorpion_tyr
New member
It's legal in my state, but even if it's not I wouldn't complain. Look at how dangerous a routine traffic stop can become. Sure, you know you're not a BG, but the LEO doesn't.
You meet someone for the very first time ever. 10 seconds after you meet them, they tell you that they have a gun. How does this make you feel?
I would never complain about a LEO removing and unloading a firearm. It's not about the legality of it to me, it's about respect.
You meet someone for the very first time ever. 10 seconds after you meet them, they tell you that they have a gun. How does this make you feel?
I would never complain about a LEO removing and unloading a firearm. It's not about the legality of it to me, it's about respect.
scorpion_tyr
New member
I drive a little on the fast side so... I've had my weapon taken and unloaded a few times. Maybe I was fortunate enough to have dealt with officers more professional than some people, but I've never fealt like I was being treated like a BG. I just felt like the LEO was taking precations so he could go home and see his kids that night.
Now if the officer was to draw his weapon or over-react in another way, then I might feel like I had been mistreated.
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Creature,
As you have heard before; there is no such thing as a simple traffic stop.
In the Op, all was done well by the driver and officer. I would have been more upset by the ticket; than whether she removed by gun to unload.
Quote: "
Which is why any LEO in VA worth his/her salt will know before walking up to your vehicle whether you are legally allowed to carry a weapon or not."
How do come up with this? How do you think officers obtain their information; prior to and after the initial stop?
As you have heard before; there is no such thing as a simple traffic stop.
In the Op, all was done well by the driver and officer. I would have been more upset by the ticket; than whether she removed by gun to unload.
Quote: "
Which is why any LEO in VA worth his/her salt will know before walking up to your vehicle whether you are legally allowed to carry a weapon or not."
How do come up with this? How do you think officers obtain their information; prior to and after the initial stop?
I had the same thing happen two weeks ago here in S.C....
oddly enough the highway patrolman asked me if I minded if he took the pistol back to the car with him... I said no, did he mind if I unloaded it first, he said no. So, with him watching I pulled out my pistol, dropped the mag and ejected the round and handed him the pistol...
I think they just want to play with the gun, to be honest.
then again they could be running a check on the serial number to see if it was stolen.
Surely every LEO out there knows that if you mean them harm they would never get to the point of you informing them you have a gun.... they'd realize it while laying in the street bleeding out.
I guess I'm from the old school and believe that LEO's are your friend. In 35+ years of driving I think I've gotten one ticket that I question. And just about every cop I've ever met was very professional.... even the ones that woke me up one night standing by my bed with an arrest warrant.
oddly enough the highway patrolman asked me if I minded if he took the pistol back to the car with him... I said no, did he mind if I unloaded it first, he said no. So, with him watching I pulled out my pistol, dropped the mag and ejected the round and handed him the pistol...
I think they just want to play with the gun, to be honest.
then again they could be running a check on the serial number to see if it was stolen.
Surely every LEO out there knows that if you mean them harm they would never get to the point of you informing them you have a gun.... they'd realize it while laying in the street bleeding out.
I guess I'm from the old school and believe that LEO's are your friend. In 35+ years of driving I think I've gotten one ticket that I question. And just about every cop I've ever met was very professional.... even the ones that woke me up one night standing by my bed with an arrest warrant.
scorpion_tyr
New member
If I was LE, I would
A routine traffic stop would probably turn into a 2 hour discussion on all things that go bang. Might even pop the trunk and offer the driver a beer. Maybe that's why I'm not a LEO