Do cops normally take your gun when the pull you over?

[sturmruger]

Iowa State Patrol

I work at a Ford dealership we see allot of State Patrol officers in and out of here. There is allot of down time here so I have had allot of good opurtunities to talk to the troopers when they are here getting something fixed. I have asked 4 differant troopers and they all said the same thing here in IA. They told me not to volunteer my carry status unless I am asked to exit the vehicle. They said that 90% of the time I will not be asked to exit the vehicle. On the rare occasion when I am asked to exit the vehicle they said that alerting the officer to my carry status would be the safest alternative.

I have been pulled over twice in the last 18 months that I have been carrying. At first I thought I would be nervous expecting the officer to feel my gun with some sort of Psychic power. They never noticed a thing. Before I travel through any other states I always visit Packing.org to check and see what the law is in that state. Better safe then sorry.

 

[motorep]

Just common courtesy- I hand over my license and etc., then the carry permit with "I don't want you to be alarmed when this comes up on my license check". I've always received a "thanks, I appreciate that". Only once have I been asked where my weapon is, in that instance I was standing on the side of the road with a State Patrol officer- an inattentive jerk had run into me- I told him right hip, he said thanks again, and that was it. I have an acquaintance that was asked to hand it over, he said "no way am I going to touch it, it's in the glove compartment, you can get it out if you want". It stayed in the glove compartment.

 

[HadEmAll]

4 occasions in San Antonio. Presented CHL as required. 2 officers asked where it was, 2 didn't ask at all. None asked me to surrender it.

 

[Zander]

Have been stopped just once since being licensed and that was by a Tennessee State Highway patrolman. He never mentioned my handgun carry permit nor asked for it; nor did he inquire about anything that I may have had on my person or on-board.

No requirement to notify the officer, but since driving and carry licenses are linked [both carry the same number], he knew when he checked the database.

He was polite, I was polite and he asked that I slow down a bit while on "his" interstate. <shrug>

That said, troopers and other LEOs who have not checked the statistics for permit holders are doing a disfavor to us and to their departments issuing badges. We are, overwhelmingly, the most law-abiding citizens they are likely to encounter in their day-to-day. In fact, much more law-abiding than their peers.

 

[Betty]

Zander,
The trooper was probably discreetly intimidated because you look like a sly lawyer.

 

[Jeff OTMG]

In Texas notification is required, in fact your CHL info is tied to your DL so he is going to know that you have a CHL when you get stopped. It is the standard policy of the Austin PD to disarm a CHL holder and that is permitted under state law. In Indiana, although not required, it was greatly appreciated when the information was surrendered voluntarily. No ticket either.

 

[Powderman]

I have absolutely no problem with CCW. If a person tells me they are carrying and have a permit, I ask to see that along with the license, registration and proof of insurance.

That being said, here's a guide to a relatively painless traffic stop:

1. As soon as you behold the blue light special in your rearview, pull over and stop. Turn off the ignition.

2. Turn on ALL of your interior lights if it is at night, or during reduced visibility.

3. Keep your hands in plain sight--BOTH of them.

4. When the officer gets there, I recommend the following speech: "Officer, before we go any further, I want you to know that I have a CCW permit, and I am armed. What do you want me to do now?"

5. For your own safety, DO NOT HANDLE, TOUCH, OR REACH FOR YOUR WEAPON IN ANY WAY, SHAPE, FORM, OR FASHION.
This move, with whatever good intentions in mind, WILL be interpreted in a way you don't want. Trust me on this one.

6. Follow the instructions the officer gives you.

If the officer asks you to hand them the firearm, I would refuse. Tell them this: "The firearm is (say location), and I would prefer that you take it directly rather than hand it to you. What do you want me to do?"

If I take a weapon back to my patrol unit, it is NOT fishing--I do check for stolen on every firearm I encounter.

 

[Preacherman]

Powderman, can you help me understand this one? Not flaming you, you understand - I really do want to know. You said:

If I take a weapon back to my patrol unit, it is NOT fishing--I do check for stolen on every firearm I encounter.

Isn't this making an awfully big assumption? I would be highly insulted if any cop checked my weapon's serial number on the grounds that it "might be stolen" - I would expect that since I have no criminal record whatsoever (not even a traffic citation), it would be presumed that my weapon is OK. I know that many cops do what you do, but I really don't understand it. There is no "probable cause" to do the check, as far as I can see. Is there a reasonable explanation for this conduct on the part of so many policemen?

 

[motorep]

Preacherman- they're already checking your driver's license and your vehicle for wants/warrants, I don't see that there's a big stretch to run your gun, too. Already had probable cause to pull you over, no?

 

[DeltaElite]

I don't. I have heard all the safety arguments and I am not worried about the armed citizen on a traffic stop.
Heck, if they tell me they have one, odds are they are not someone to be worried about.

 

[Zander]

The trooper was probably discreetly intimidated because you look like a sly lawyer. -- ROTL

LOL! I've had people guess that I'm a doctor or a college professor, but never a sly lawyer.

What the heck, as long as he didn't write me a citation, I wouldn't care if he wanted to believe that I was a space alien...

 

[Powderman]

Preacherman, thanks for the question. It's not taken as a slam at all.

The reason to do so is just in the name of good police work--dotting the I's and crossing the T's. It's checking each and every thing that is possible to ensure that the law is not broken--plus, believe it or not, there's a benefit to the citizen there, too!

It goes like this:

1. I approach the vehicle. If the driver informs me that he/she is carrying concealed, AND the gun is in a fanny pack or a seperate bag, I will politely ask for it, and tell them that once the stop is over it will be returned.

(If it is in the holster, then it's best where it is, of course. The only reason to remove it at that point would be if suspicions are raised WAY beyond the reason for the stop.)

2. I'll take it back to the car, and have it checked by dispatch.

Let's say that you are a mother or father, with kids in the car and/or spouse. You really don't (stretch of the imagination here, folks) look like a criminal, you didn't make any furtive movements, and you're not on my hot sheet. Your vehicle--and you--came back clear, all ways.

You decided that you wanted to purchase a gun, and that's the one that I have in the car checking. You just bought it used, from a pawn shop, or gun store.

The gun comes back stolen.

I'll check again, to make sure. Then, I'll talk to you, and ask you if you know the gun was hot. I'm willing to guess that you didn't, okay? (Benefit of the doubt here)

Then we'll talk and figure out your options from there. It would probably be to coordinate with our detectives, who will get the operation you bought the gun from checked. If they are knowingly selling stolen guns, they'll be caught.

As far as your gun goes, don't worry if it happens in WA State.

Our court system imposes punishments for criminal convictions in three steps--fine, imprisonment, and restitution. You'll get your money back, plus any lost wages for appearing in court.

Hey, the system works--just kinda slowly at times.

 

[Shootin' Buddy]

I've only had one officer ask to take my weapon. Every other time it's been completely ignored. The one time I was asked, I got the distinct impression that the officer was uncertain about the validity of my permit. I am an Oregon resident. I have a valid Washington CCW and I was traveling in Washington. He seemed uncertain that a Washington permit would be valid for out of state residents. I got the gun back at the end of the stop no problem.

What struck us as funny and futile about the whole thing was that my passenger was also armed, but the officer didn't -- most likely couldn't -- ask. So if we were bad guys, we'd have still been armed. Shrug. By the same token, I guess if we were bad guys he'd have never known I had a gun either. Ah well, what can you say?

 

[Powderman]

That's where officer safety comes in.

A lot of the funny things we do are because of officer safety. I know that we live in a shall-issue state. I also know that, as a rule, crazies and whackos do not apply for CCW.

I also know that there is an exception to every rule.

That's why I am real careful about traffic stops and citizen contacts. You might say that I'm restrictive, and some above have hinted (at least that's what it sounds like) that I have little regard for citizen rights (hey, I'm a citizen too).

But consider this:

You are asking us--all of us who are cops--to knowingly TURN OUR BACKS ON A PERSON WITH A LOADED, OPERATIONAL FIREARM. A person we have never met, at that.

Is that right?

 

[12-34hom]

Who Me??

Powderman, Many have a hard time with being disarmed or having the serial # Checked on a firearm they might have in thier possession.

I've read these replies here and at TFL for years about JBT.

Many have respect for our laws - many don't.

As the saying goes - "There are no careless electricians - only dead ones." That applies to police officers as well.

Stay safe.

12-34hom.

 

[PATH]

Powderman,

What you say is fairly reasonable to me. I also think that you need to do what is necessary to get through the shift in one piece.

I think most LEO's are pretty decent folk and if you behave decently so will they. There are of course some jerks out there. Name one profession that does not have them!

In terms of taking the firearm from me I would rather the officer secure my firearm rather tham handle it myself. I can just see someone getting nervous because the holster slipped out of my hand.

I think most LEO's know we are the good guys and act accordingly!

 

[Shootin' Buddy]

You are asking us--all of us who are cops--to knowingly TURN OUR BACKS ON A PERSON WITH A LOADED, OPERATIONAL FIREARM. A person we have never met, at that.

Is that right?

Oh heavens no, Powderman!!! What I'm asking is that when you pull ME over you turn your back on a person with a loaded, operational firearm.

 

[benewton]

"You are asking us--all of us who are cops--to knowingly TURN OUR BACKS ON A PERSON WITH A LOADED, OPERATIONAL FIREARM. A person we have never met, at that. "

And you are asking us--all of us who are citizens-- to?

 

[rock jock]

No, powderman, its not unreasonable at all. I think most folks on this board, me included, would say that our routine encounters with other armed folks we are unacquainted with don't make us uncomfortable in any way. BUT, that's probably because those encounters are typically at the shooting range or in the gun shop or in the the presence of mutual friends and there is no reason to remotely suspect strangers in these situations. However, if I were out shooting in the woods somewhere by myself and was approached by a couple of armed fellows wanting to shoot with me, I would of course be extremely cautious. Not too different in your situation.

I would also say that it is the natural inclination of honest people to expect others to view them as exactly that way - honest and law-abiding, and are slightly offended that someone would suspect them as being anything but. However, we should understand that you as a cop, while probably possessing of above average powers of observation, are not psychic and can't discern us friendly gun-nuts from the more malevolent types on the prowl by only a brief introduction.

 

[rock jock]

And you are asking us--all of us who are citizens-- to?

benewton,

I don't think that is fair. There is a reasonable assumption that the guy behind the badge, even in the remote chance that he is a bad cop, is not going to shoot you during a traffic stop just because he doesn't like your taste in cars.