Being disarmed during a traffic stop?

[LT1coupe]

I was recently asked to hand over my weapon during a routine traffic stop & I did not appreciate it.
The officer was very polite & truthfully was more than kind with the ticket. I was speeding (I missed the sign that stepped down from 65 to 55) . The part that bothered me was after handing him my CCW & DL he asked if I had a weapon, I responded I did & it was secure in the console. He asked me to hand it to him. My reaponse was "I'd rather not touch it" he insisted, so I had to two finger hand someone I did not know MY fully loaded handgun.
After the ticket (like I said he was kind) & I'm sure he ran the numbers on my used previously unregistered gun he returned it to me unloaded, & then handed me the ammo rquesting that I did not reload it until after he was gone. I have a CCW so he know's I've passed a background check, I volunteered the CCW as a courtesy, I'm a harmless looking Grandpa.
I did not like being treated as though I'm any less trustworthy with my gun than he is, I did not like the fact that my gun got handled during a traffic stop by someone that all I know about their gun knowledge is they have a badge (no disrespect intended, but that is all I knew about the guy) I don't like that my gun serial # is now possibly recorded somewhere. I would have much preffered stepping away from the vehicle leaving the gun secure in the car than all of the handling that was done. There was plenty of room where I stopped. I assume I don't have a choice if they request to fondle my gun?

 

[TexasRifleman]

And this is exactly why I do not notify police I have a gun unless the law specifically requires me to. Does Arizona law require you to hand over your permit upon contact with LE?

I volunteered the CCW as a courtesy, I'm a harmless looking Grandpa.

And the courtesy was not extended back to you was it? So are you going to show them the permit next time?

If not required to do it your situation is precisely why I won't. You would think that a LEO would be glad to know he's dealing with someone who has passed a background check tha. And in most cases they are, but sometimes you run into that one cop who just doesn't think you should have that gun, and I guess you met him.

As for their being anything you can do to stop them from disarming you "for their safety", probably not without getting arrested or shot. I know some people think remaining quiet on the subject comes across as anti cop, but I just don't see that. I know that a cop has nothing to fear from me, why should I bring the subject up?

How many people with permits shoot cops? How many people who plan on shooting a cop tell him they have a gun first? There is no logic in the "disarming for officer safety" nonsense, it strikes me as plain old harassment.

I know many people who notify as a regular thing and never have problems, and chances are you won't ever have problems again. But that one case where something goes horribly wrong and the officer damages your gun, or you, or himself by fiddling with it scares me.

 

[LT1coupe]

AZ does not require it, but they know when they run your DL# so it's generally considered to be best to go ahead & tell them upfront. I can tell you on the previous two stops (I'm sales & average 1000 miles a week all over AZ) they thanked me & let me off with a warning.
This was the 1st time I've been disarmed & I honestly felt it was the least safe option.

 

[MyGreenGuns]

Rrrrr!

I am SOOOO nervous around cops when they ask about my gun. I feel like they are looking for an excuse to shoot me. I posted two of my traffic stories on a previous thread that asked if your CPL is connected to your license. I believe it is, they know if you carry a gun when they run your plates.

"I BELIEVE it would be safer if we both left our weapons where they were" -Posted by me

I use the word "believe" because its not an arguement, its an opinion. Its not against the law to express an opinion. If they would have insisted, I would have asked to step out of the truck.


(Full post= 2 incidents and tangent to explain my comment to #2)

 

[ants]

My gun got handled during a traffic stop by someone that all I know about their gun knowledge is he has a ...

He was thinking exactly the same thing about you, friend. He doesn't know anything about YOUR gun knowledge either, does he? So he took courteous control, because you gave it to him by volunteering your permit "as a courtesy".

I think I would be a man and deal with it graciously, if I were you. No need to complain.

 

[9mmforMe]

I'm with TexasRifleman...if there is no compelling reason to disclose, then I would not.

 

[chhodge69]

1) handling your gun in the presence of a LEO - even if he requested it - not a good idea
2) handing a gun to any person without clearing it first - not a good idea.

he should have removed you from the vehicle IMO ,or just left you alone.

 

[Art Eatman]

Hey, I understand your resentment, LT1, but what is the actual legal problem?

Oh. A re-read shows, "I assume I don't have a choice if they request to fondle my gun?"

Look it up in Arizona law. That's the only pertinent law, and no opinions about woulda/coulda/shoulda are relevant.

 

[LT1coupe]

If it happens again, I will ask if I can just step away from the truck instead.

 

[ants]

Arizona statute

13-3112(D)

... a law enforcement officer may take temporary custody of a firearm during an investigatory stop of the permittee.

Someone will come along soon and challenge that 13-3112(D) is not applicable in the present matter, but it does apply to Permittees, which the OP is. It is the statute by which law enforcement officers in Arizona take custody ( some say "seize" ) a firearm during a stop. Interesting note: The law specifically addresses a Permittee. In Arizona, you may carry concealed without a concealed handgun permit. In that case, 13-3112(D) does not apply.

By identifying himself as a permit holder, the OP opened himself up to 13-3112(D).

This statute does not appear to make the permit holder a "suspect" whose gun was "siezed". In my view, we're overly sensationalizing the event.

Arizona law appears to let the officer take custody of a gun from a permit holder.
The officer did just that.
The OP didn't like it. None of us would like it.
After the stop the OP got his gun back.

 

[Davek1977]

Thank you for clarifying the law.

 

[Art Eatman]

See Post #10.