Cop asks to see your CCW gun......what do you do?

[oldfool]

well, if he wants to sleep with sis, he is going to have to ask sis

citizen tries to run, trips on a curb, breaks some bones, hungry Grizz comes along, smells blood and eats him

life, a risky proposition, always was
(why we CCW, you know, and that is not risk free either)

(our gun range is also public, by the way, and if a friendly cop wanted to touch my gun, I would not be hesitant... but, lucky for me, ain't no Grizz in south Georgia)

 

[oldfool]

I should acknowledge here that my personal subjective perspective is colored by circumstance and poor judgement

the gun I most often casual wear is just "widdle"... too wussie to ever do real harm to anyone, you know, even if it is one of them new fangled 1911 style things
Colt Government model 380acp
what's to fear about that ?


"threat assessment", you make your own, and live with the consequences of

 

[RonBernert]

Minor correction

Quote:
It's a felony to touch your gun while in the presence of a Police Officer. Plain and simple, cut and dried.
I don't believe that.

Well, You are wrong.


It has been ammended since I took my course, but it IS a felony in Ohio to touch or handle a firearm while in the presence of a LEO (I'm too busy today to waste time looking for the actual O.R.C.), but will provide you with this quote from the 2009 Concealed Carry Book:

"If a person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun as a CCW lecensee, whether in a motor vehicle or not, the person shall not have or attempt to have any contact with the handgun, unless in accordance with the directions given by a law enforcement officer. Violating this law is a felony."

This is at the bottom of page 14, which you can see clear as day at
http://www.ohioattorneygeneral.gov/ConcealedCarryBook

I'm not quite sure why this wouldn't be considered "common sense"....

 

[General Geoff]

It has been ammended since I took my course, but it IS a felony in Ohio to touch or handle a firearm while in the presence of a LEO (I'm too busy today to waste time looking for the actual O.R.C.), but will provide you with this quote from the 2009 Concealed Carry Book:

It is only purported to be a felony during an enforcement-related stop. I'd also like to see the actual statute pointing this out, not a paraphrasing by the state attorney general.

 

[Sam1911]

"unless in accordance with the directions given by a law enforcement officer"

So the quote you gave precisely excludes the scenario we're discussing.

Are you claiming that a casual request by the officer to see you gun out of curiosity is not a "direction given by" the officer?

"Well your honor, he asked if he could see my gun, so I unloaded it and gave it to him."

"Was it an official order or a casual request?"

"Uhhh... I don't know... he just said 'Oh cool, a Python, can I see it?'"

"That's a casual request, not an official 'direction.' It is a FELONY for you to comply with that request. Case closed. I sentence you to 30 years had time breaking rocks on a chain gang. Bailiff, get this man out of my SIGHT!"

 

[Steve_NEPhila]

I read the part you outlined in your post in the Ohio carry handbook. There is one small problem with that, the book is written in such a way that in many locations citations are made to the actual statute. However, in this exact instance it indeed is not cited.

I still will not believe it until I see the law that states that as fact. These handbooks are often tools abused by the authorities to say what they wish them to say. For example, here in PA there are numerous "publications" from Sherriffs and Police departments that informs a PA LTCF holder what they can and cannot do. Many times these "rules" or "laws" are made up. For example, "do not take your weapon into a bar" and "You must inform the Police if stopped." Both of these are bogus and not backed up by any piece of Pennsylvania legislation.

My point is, do not believe everything you read, especially when the source is suspect. The inconsistency of citing law in other sections of the manual but failing to do so for that specific claim is suspect.

If such a law were to exist in Ohio it could easily be used to the detriment of the citizenry. For example, one could be "entrapped" if you will into a "felony" by a police officer standing in front of a surveillance camera (without audio) and ask a citizen to hand over their weapon. Then arrest and prosecute that as a felony... Do you see the lopsided power that gives the authorities in Ohio?

I will not be convinced until I see Ohio statute. If you do produce it, I will indeed acknowledge that I was incorrect and I will do my best never to step foot in your state.

Us Pennsylvania lot are a tough bunch!!!

 

[oldfool]

unless in accordance with the directions given by a law enforcement officer

doin' a John Wesley Hardin is unlikely to be requested by officer
nobody was the least bit confused about that, nor is it in any manner relevant to the initial circumstances of the initial post in parallel thread
the cop asked him to take it out

if a cop says, "hand me your gun", somewhere amongst your options is "yes, sir"
as is "no sir"...
if he already has you in the "assume the position", with his weapon pointed at your head, no matter how poor his technique, reconsider the "yes sir" option
(you can discuss the "my lawyer sez" option sometime after, if so inclined)

PS
'yes ma'm" being a real good option if she has her gun pointed at your head

 

[Nasty]

The flip side is that if felony were pressed, the LEO requesting could be considered as aiding and abetting in the commission of a felony, eh?

Simply, for official duty, follow specific directions by the LEO.

For unofficial, act as if you are lifelong friends and keep it holstered, concealed and hands off. Show it off cleared at home or on a proper range.

 

[RonBernert]

General Geoff
Quote:

It is only purported to be a felony during an enforcement-related stop. I'd also like to see the actual statute pointing this out, not a paraphrasing by the state attorney general.


seriously? Do you REALLY think it's a good idea to play show-and-tell with a LEO and worry about the Attorney General's paraphrasing??

C'mon.. Where, in a right mind does it make any sense at all to blatantly challenge the state law and put yourself in such a grey area? Better yet, why would you stand there in a 7-11's parking lot and hold yourself in court with a LEO, who's opinion- at that point in time- weighs more than yours.. Then, he gets to arrest you, haul you in to jail, tow your car/motorcycle/bicycle/scooter chair and put you in the defensive situation, where you need to then prove your self innocent?

What kind of bad decision making is that?

Tell you what- why don't you go challenge the law and when you get out, give us a full report.

Give me a break.

 

[akadave]

In Alaska at least, you have to make the weapon safe (meaning unload it and open cylinder or lock back slide) and hand it to him in a safe manner (butt first). Not complying would in my estimation give this fine officer a reason to point his weapon at you thus escalating the situatoin. Of course we dont need a CCW permit of any kind (which is the way it should be) so the other things mentioned like showing him a CCW etc doesn apply. Also, I would say living in Alaska we have our share and then some, of whack jobs, nare-do-wells, drunks, drug addicts, idiots and Democrats...lol!

 

[oldfool]

well, for some the automatic premise it that the cops are out to get you, just because
for others it is not

but cheer up, we could all live in Chicago, where they really are out to get you !

 

[David E]

Let's not get off track.

I'm talking about someone else's situation where, once he proved he had a legal permit to carry said gun, the "official enforcement" part of the contact was over.

THEN they discussed the merits of a revolver, etc, and then asked the CCW holder if he could see his gun. No orders were given to do so, just a request by a cop who had a personal interest in revolvers.

I do not feel the "cops are out to get me," and this element wasn't in the OP at all.

I would never hand a loaded gun to anyone, unless they were going to shoot it real soon. (like at the range) As Sam 1911 said, I have no idea about his (a cop in this case) safe gunhandling abilities. And being swept by my own loaded muzzle is no more comforting when my gun is held by a cop.

 

[Sheepdog1968]

I'd ask, "Do you want me to get it, or do you want me to get it?"
If he says, "You can get it."
I'd reply, "I'm going to get it and make it safe before I hand it to you, OK?"
That way everyone is on the same page.

I like this answer the best and what I'd do if I ever have the opportunity to leagally carry in CA.

 

[DaisyCutter]

SHEESH


Officer - "So you've got a CCW. Got your gun on ya?"

Carrier - "Yes."

Officer - "You going to shoot me with it?"

Carrier - "No."

Offcier - "Good then we can still be friends."


Unless you're packing a Wilson or Les Baer, the run of the mill handgun isn't anything to get worked up over.


99.9999% The only reason an officer will want to touch your firearm is to run the S/N through NCIC. Generally that happens if you look like a tweeker, you're twitchy, and you answer "No guns in the car", yet the gun is in plain sight. At that point, ya, that's reasonable suspicion to check the gun.


For the 0.0001% cop that not only wants to compliment your Wilson Combat CCW piece, but finger it too:

"Gee, it's hard to reholster" OR "I feel really naked without it"

An officer can't derive some personal insult from the above responses.

I can't even fathom an officer that would persist. But if he does, I wouldn't fight him over it. Consider that asking you to let him hold it, may be a ruse to disarm you BEFORE he advises you of an outstanding arrest warrant for missing that child support payment (a smart cop will use a ruse like that because it's preferable to exchanging rounds).

"Do ya want me to unload it for you, sir??"


Then go from there.



But let's presume everyone is clean, no warrants and not subject to arrest. I reckon if he can spot a Les Baer 1911 inside your waistband, then he can probably clear it.


In all reality, the officer is more interested in youtube than your carry piece.

BTW, there is no absolute answer. Choose your words carefully and do what seems most reasonable.

 

[General Geoff]

seriously? Do you REALLY think it's a good idea to play show-and-tell with a LEO and worry about the Attorney General's paraphrasing??

1. No, I do not think it's a good idea to play show-and-tell with a LEO. Where did I ever say it was?
2. YES, I do think it's a good idea to worry about the attorney general's paraphrasing. I always read the statutes for myself.

C'mon.. Where, in a right mind does it make any sense at all to blatantly challenge the state law and put yourself in such a grey area?

Again, all we have to go on there is the attorney general's paraphrasing, not the actual statute wording.

Better yet, why would you stand there in a 7-11's parking lot and hold yourself in court with a LEO, who's opinion- at that point in time- weighs more than yours.. Then, he gets to arrest you, haul you in to jail, tow your car/motorcycle/bicycle/scooter chair and put you in the defensive situation, where you need to then prove your self innocent?

Several things wrong with this. 1. An LEO's opinion does not (or at least should not) hold more weight than that of a private citizen.
2. Since when must one prove his innocence? Whatever happened to "innocent until proven guilty"?

Nowhere did I say that unholstering one's sidearm in public, for whatever reason, is a good idea. I was merely pointing out context in the Ohio AG's CCW handbook, so as not to mince words about what may or may not be legal, according to the Ohio AG.

 

[DaisyCutter]

Cop asks to see your CCW gun......what do you do?

Advise the cop your colostomy bag is starting to leak. He'll vanish. Nothing will get rid of a cop faster.


"Why you driving so fast? Where's the a fire?"


Sir, my colostomy bag is starting to overflow. I gotta.. damn, I.. can I just empty here?


If you're a good actor, he won't even waste the time to give you a warning.

 

[grubbylabs]

I have never meet a cop who would ask to see my weapon like that in a public place.

 

[CoRoMo]

Whether it is a cop, a coworker, or anyone else who asks to "see" the handgun I carry, I have a premeditated response. I've often rehearsed this in my mind, but I've never had to say it.

"The safest thing to do is to leave it where it is."​

I just hope I have the fortitude to say it and stand on it. The hard part is overcoming that feeling you get when someone thinks you're cool. You want to perpetuate the praise you are receiving, but out in the public arena, I simply don't want to be handling my loaded firearm.

 

[Robert101]

I must clarify that I do not have a CCW license, I'm not a police officer nor do I have any formal training in the situation described. I'm just a guy reading this tread and making my uneducated response.

I really get the legal aspects and concerns noted in the posts. How unsafe, in a 7-11 parking lot, it would be to handle a firearm. How unsafe it is to simply holster and unholster a firearem. Now since I'm over 50 I've seen a lot of things change and not all for the good.

Assuming this situation is friendly and it appears the officer is just curious about my firearm, I would simply request that we go over to the cruiser or my car, I'll open the door and unload the weapon in front of him, and hand the weapon to the officer. I would then ask, "is that acceptable"? If he says yes, then that is exactly what I would do. If the officer says no and wants to take my weapon from the holster, then I would also comply. The officer can look at my pride and joy, or run the serial number, or just do what he intended to do at his whim. I realize there can be many complexities and law schools across the country could debate this topic for decades. I'm just looking for the simple, friendly and cooperative approach that is approved by the officer at the scene.

 

[oboe]

When stopped, I would present my driver's license together with my CCW permit. If the officer asked to see the gun (and I believe most would not), I'd say, "Sir, I would not touch a firearm in your presence except to defend your life, but I will cooperate fully if you need to see or handle the gun."

These LEO put their lives on the line every day on my behalf. I have every reason to assist them and none to impede them while they are in the act of performing their duties. If in any case where they violate one of my legal or Constitutional rights, I will consider how to address the situation later.

Having practiced law since 1966 - including both prosecution and defense - I'll save my discussion for the appropriate forum.

 

[Mr.Davis]

What if a cop asks... to search your car, to see your cell phone, to have you handle your loaded weapon in public, to sleep with your sister. They can ask all they want, a responsible and knowledgeable citizen will refuse these "requests" from police.

Bingo.

It's one thing for a cop to disarm you during a stop. It's something else to ask to see your whiz-bang firearm because he thinks it's neat.

I would politely, but firmly decline. If anybody around thought you were making a move, or felt threatened, you might be slapped with a brandishing charge or worse. There's just no upside and a whole-lotta downside.

 

[joeq]

I would have never let my concealed weapon be seen to begin with. That's what caused the whole situation in the first place. CONCEALED MEANS CONCEALED. I don't ever make an exception to that. I have never had my pistol seen even by friends and family when I carry. I know things happen by accident but I wouldn't be caught at the 7-11 with a revolver butt sticking out in plain view. I'm not thinking of what to do if the cop asks. I'm thinking how to prevent it from ever happening in the first place. We don't have open carry in Texas so that part for me isn't even an issue.

 

[Oyeboten]

Lol...


I have never had that happen ( LEO asking in a fun friendly way to see my Carry, because I was printing or got made ).

Knock on Wood, never printed, never been made by anybody, far as I know.

I do know this, I do not ever want to have LEO pointing theirs at me, sceaming "DROP THE WEAPON!!" when I do not have a 'weapon' to 'drop'...and or when my CCW is still perfectly concealed and not visible.


If the friendly ask, I think I would friendly say..."No"...

Then add "If you wanna meet out at the Range sometime, or you and yer pals, we can each try eachothers. But bring some Pepsi...it's hot out there..."

 

[Shadow 7D]

THIS ENTIRE THREAD NEEDs A CAUTION SIGN

what is required in one locality
may be a felony 5 miles away across a state line

Please read, know and understand your local laws in regards of carrying a firearm

Where I live, I must inform an officer if I am armed, and upon his request, I must surrender my firearms for the 'duration of official contact' (forget the legalese but that is the gist)

Failing to do so is a felony,
so, what is required of me, is not required of you

 

[ccsniper]

"I'll show you mine if you'll show me yours."

That way, you'll still be armed during the friendly exchange.

I know most of my local cops enough to say this and actually get to.