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Done got disarmed.

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AZAndy

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Joined
May 20, 2007
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2,066
Location
Prescott, AZ, USA
Howdy all,

This past Saturday I was on my way to my favorite indoor shooting range in the area, as is my weekly habit, and saw that the car in front of me was going a bit under the speed limit. The car in question was an Arizona Highway Patrol vehicle, and was plainly marked as such. I thought, "Oh, he's probably busy with his radio or talking on his cell or something, so I'll just gently pass him." Speed limit was 55, and he was going 52 or so, with traffic passing me on the right (he and I were in the left lane). I pulled around him and, in the words of Lewis and Clark, "proceeded on," at no time exceeding the speed limit (I mean, hey, why ask for trouble, right?).

A couple of minutes later, there he was in my rearview mirror, lights flashing. So I pulled over. I turned off the car, rolled down my window, and then kept my hands on the top of the steering wheel. He appeared at my passenger side, and I reached over to roll down that window for him, whilst mentally slapping my forehead for not paying attention to where he was headed, having already rolled down the wrong damn window in the rain. Approaching the car from the off-traffic side is probably de rigeur for law enforcement nowadays, I imagine, but I'm oldish and haven't been stopped for a long time... about thirty years, now that I think about it.

He asked for the usual documents, and as I was getting them out of my wallet and glove compartment, he mentioned that he was stopping me for speed-- I was going 61-62 mph according to him, which threw me a bit, but I didn't muster a fuss or anything. I did apologetically mention that my speedometer read otherwise, but wasn't in any way confrontational or argumentative.

As I handed over the various documents, I added my concealed-weapon permit to the stack, thinking merely to be courteous. (Arizona law does not require the permit to be offered before it's needed or asked for, but I prefer to stymie any possible trouble in the bud, as it were.) In fact, as I took it from my wallet, I said, "Just so there are no surprises, here's my concealed weapon permit, since I'm carrying a gun." He didn't bat an eye, but he did ask me where my weapon was, and I pointed to my right front pocket, where my trusty S&W 642 was. He said something along the lines of "Well, don't reach in that direction, and I'll be right back." I smiled in the friendliest manner I could muster and said "No, my hands will be right here" (resting them back atop the steering wheel).

He went back to his car and did all the mysterious things that police officers do while you're in that position. After a short while, he returned to the driver's side this time-- again, mental head-slap for not paying attention and realizing that he was coming up on that side-- and asked me to step out of the car. "Hoo-wee," I thought, "this isn't looking good-- wonder what the problem is?" He had me follow him to the space between his car and mine and asked me again where my gun was. Again, I pointed to my right front pocket, keeping my hand well away from any position that would telegraph "reaching for gun." He let me know that he was going to reach into my pocket and get it, and immediately did. I just kept my hands up and tried to look nonchalant, hoping that nobody I knew was driving by at that moment. He asked me to return to my car, which I did.

After only a couple of minutes, he returned-- to the passenger's side this time-- and handed my back my revolver. Even though the cylinder was closed, I could easily see that it had been unloaded. He reached into his pocket and retrieved the cartridges while explaining that he had unloaded it, asking, "That was a 5-shot, right? Okay, here, let's see, yep, there's five..." I unzipped my range bag which was sitting in the passenger's seat, and said, "Yep, they're all there, just dump them right here (pointing to a compartment in my bag that I've designated as the Official Ammo Dump)."

He then handed me a warning to sign, which I gratefully did, not wanting to receive a ticket for not actually speeding, you understand. We parted ways and all was well. At no time was the officer in any way pushy, obnoxious, unfriendly , or anything less than professional, other than flat-out lying to me in the first place about the speeding thing. (Still trying to figure out why he really stopped me; I don't have any threatening bumper stickers or anything other than a Linux shark on the car... hmmm, maybe he's one of Bill Gates's minions? :)).

The whole point of this boring, rambling story is that it raises some questions that are gun-related:

1. Is it really safer to disarm someone during a simple traffic stop? Seems to me that the unnecessary handling of guns is just asking for trouble.

2. Is it really a good idea to, having taken a gun from a person, unload it? Ditto unnecessary handling.

3. Should a police officer, having presumably been the recipient of at least some basic training in the handling of firearms, hand a revolver to its owner with the cylinder closed? Much picking of nits, I know, and it's not really a big deal to me... but still, that ain't right. I like the courtesy of having a firearm's state of unloadedness (or otherwise!) immediately obvious when handing it to me.

4. Since the officer involved seemed to have some concern about firearms in his presence, should it not have crossed his mind that the bulging range bag into which he was dumping my cartridges might contain other firearms? :) (And it did: a Springfield 1911, Kel-Tec .32, and a Romanian TTC-- I didn't think about that at all, I was just concerned with letting him know about what I had on my person. The presence of the other guns didn't even hit me until I pulled into the parking lot at the range.)

5. Since the law doesn't require me to alert the officer to a concealed weapon and the permit thereof, should I have even bothered?

I have no complaint at all about the comportment of the police officer. He was perfectly calm and friendly, as was I, during the whole procedure. I imagine that he was handling what turned out to be a non-stop under the guidelines he had been given. But still-- just seems really dumb to me to make any kind of extra duty out of someone legally carrying a gun that they legally own. Good thing I didn't mention the switchblade in my back pocket; temporarily removing the blade might have been a bit of a bother for him, I would think.

(Lest you misunderstand that last bit, spring-operated knives are legal in Arizona, even without a permit for concealed weapons. Jointed sticks, however, are not, which strikes me as really bizarre-- even with a permit, one may not carry nunchaku. Perfectly legal, with a permit, to have two short shotguns under your coat and a pistol in every pocket and a rifle down each pants-leg and a brace of Navy Colts down your back. But two sticks with a joint in between them? Goin' to jail, mate.)

Andy
 
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I imagine that kind of firearms training is not covered. Mostly the handling of your own pistol.

My guess on the taking the gun was to run the serial number.
 
Sounds like he called in for some guidance. He was probably told, "YES, you should definitely control that weapon for the duration of the stop." Rookie?

My CCW instructor always asks an officer, "for your safety and mine, may I unload the weapon before handing it over?" Although some officers may not prefer it, it makes safety sense to me. Not everybody is familiar with every type of firearm.

But to your question, it probably makes sense for them to maintain control during the stop. If my brother/friend/dad/wife was the cop, I'd feel better about it.

About the revolver, how many officers have a lot of experience there? All I see are autoloaders in most holsters. Not really surprised, but at least he unloaded it.
 
Yes, Sans, he did hand it back with the cylinder closed. Handed it back butt-first at least. :)

I set it on the seat and noticed it was empty (the angle was just right for me to be able to see into the gap between the cylinder and frame), but he was already starting to tell me that he'd unloaded it and that the cartridges were right here in his pocket...)

Seemed odd, but not as odd as needing to take the gun and unload it in the first place.
 
I live in Tucson and got pulled over for a burnt out light over the license plate. The first thing the officer asked was "Do you have a firearm in the vehicle". The whole conversation was pleasent but he parked me on the hood of the cruiser with the emptied gun and mag on the hood behind me. Embarrasing. I think he was checking the sn for a stolen gun. I was told later that he already knew about the ccw and that was the reason for the first question.
 
I guess my big question is: why mess with the thing in the first place? I'm no threat and am 100% legal. If I had seemed to be a threat, then why no concern over any other weapons that might be in the car? Had I been a do-badder ;-), I could have loaded up the .45 with the loaded magazines in the range bag and had at any nearby targets.

Just seems to me that bureaucracy is once again trumping common sense. I want the officer in that situation to feel safe and secure for both his sake and mine, frankly. So why screw around with things that don't belong to you and that are dangerous?

I'm not on a personal crusade about the whole thing, mind you, but the experience made me a bit puzzled about the thinking behind the behavior I saw.
 
AZ, yours is not to reason why. Yours is to submit to the law and to the wise men who create such policies. Know your place, mere citizen. Don't be unpatriotic. Being patriotic means supporting every single policy put forth by every government elected by a minority of the population, but a majority of the voters.

And if he wants to hand you a pistol that is not obviously cleared, that's his choice, because he's a cop. They know about gun safety. Who are we to question their actions? They are obviously beyond our understanding.

-Sans Authoritas
 
Ahhh, speedball, so he already knew from your license plate that you have a CWP? My class instructor for the permit claimed that they can't know that, but I've always wondered if that is truly so.
 
When I first arrived in the Republic of Texas (and was suprised to not see a border crossing :) ) I ran into a cop at my hotel and asked him very specifically about duty to inform. Texas does have a duty to inform. No big deal for me, as whenever I am pulled over, I always inform. The cops deal with enough scumbags every day, I don't mind putting their minds at ease by being 110% cooperative from the get go. (Its also gotten me no tickets and a big stack of warnings[knocks on wood])
They always ask where it is, and usually have me very slowly pull it out of my IWB holster and hand it over. I always inform them that it is loaded, chambered, and safed (I'll have to change that schpiel since I started carrying a Sig) Some unload it, some don't. The most recent left it as-is and placed it in the bed of my truck!
I have never had an ounce of trouble with an LEO since I started carrying. I'm courteous, they're courteous and usually let me off with a warning.
 
MachIV, I'm starting to think that such might be the wiser course of action. It would be less trouble for everyone involved. But what if the officer asks if there are weapons about? Then it would seem like a rudeness to not have said anything. Is it a policeman's business to know the state of armament of his/her contact? Were I a cop, I think I'd appreciate knowing it-- for one thing, having a permit means that an FBI check has been passed.

'Course, I'm not a cop, so what do I know? Maybe they just inwardly groan and think, " Oh dang, now I gotta disarm and unload, 'cause my boss expects me to."

Are there any law-enforcement folks here who would care to comment?
 
Why I ride a bicycle. Cops never bug me, even when I've got a rifle attached to the bike. One day I want to go through town with a small mountain howitzer in tow.
 
He was fishing. Throw the line in and see if you catch something
A freind of mine got pulled over for 3 mph over the limit Probably
a slow day.
 
Since the law doesn't require me to alert the officer to a concealed weapon and the permit thereof, should I have even bothered?
Absolutely not if you dont have to then do not. I had a run in where I was sick and headed home from work stoped to throw up and a cop was right there in the parking lot. long story short I said my permit is in my wallet on the dash my gun is in my bag on the back seat I ended up in cuffs and vomiting all over myself and the police car hood. Had I said nothing I would have been well on my way with out a problem. I say if they want to pat you down then tell them and present your permit.
 
. Since the law doesn't require me to alert the officer to a concealed weapon and the permit thereof, should I have even bothered?
Who knows. Maybe he appreciated being notified and cut you break and gave you a warning because of it. Maybe he would have done it anyway.

just seems really dumb to me to make any kind of extra duty out of someone legally carrying a gun that they legally own.
You felt it was necessary to treat your legally concealed gun as a special thing that you had to inform him of instead of treating it like the bag of guns in the car. Aren't you both guilty of the same thing?
 
I too am wondering if maybe you actually caught a break because of it.

It sometimes happens.
 
Sans, I am trying not to go down the road you point the way to, although I am not unfamiliar with that particular path. There are twisted trees there, but the springs are sweet and the daffodils blinding in their lit-from-within beauty. ;-)

Sure, I could have been a pain in the ass. What might I have gotten for my trouble, do you suppose? Even a minor unpleasantness could result in things I simply cannot afford. This was a traffic stop without a ticket. It's not like the guy was stomping all over my rights. Now, had he kept the gun, it would be lawyer time and damn the expense.

I admit to being a little befuddled about the idea of treating the gun as something Really Special and Of Special Status. But that's the way the world is, even here in gun-friendly Prescott AZ. (I suspect that a local city cop, as opposed to the state cop I encountered, might well have had a different approach to things. I don't know. Maybe I should start speeding around town to find out. :)
 
Soybomb:
You felt it was necessary to treat your legally concealed gun as a special thing that you had to inform him of instead of treating it like the bag of guns in the car. Aren't you both guilty of the same thing?

That's an excellent point, thank you. I am guilty of behaving as though carrying a concealed revolver is a special circumstance, and I shouldn't have. Like I said, I don't get stopped all that often, and I wasn't completely sure of the best way to deal with it-- I already knew he wasn't stopping me for any real reason, probably just because I was driving a crappy old car. I was nervous about it and wanted to be straightforward. As far as I'm concerned, cops are doing their jobs and don't need any more stress than they already have-- just like me. I wish people would give me all the facts at their disposal when they ask for my help with their computer problems, but they never do. I try to be a good customer, so I presented the officer with all the facts I had. Driver's license. Proof of insurance. Registration. Permit for the gun in my pocket. Didn't need a permit for the guns in the bag, technically, but that's after-the-fact thinking, I wasn't even considering them at the time.
 
I’m no expert in hand to hand- but it seems to me standing behind a guy with his hands raised and my hand in his pocket would put me a lot closer to getting an elbow in the face than I would like to be. And my hand in his pocket isn’t really very useful to protect me or control him. Isn't there be a better way to disarm someone? :confused:
 
Unless they have changed the laws in the last 6 years, you had no obligation to step out of the car. He did not identify anything which would require you get out with him. No broken tail light lens, no burned out bulbs, etc. He could take possession of the firearm if he is directed to do so, but I am not aware of any laws that say he can or should do so. Unless he was taking you into custody, he had no probable cause for requiring you exit your vehicle, which is private property just as your house is.

Doing so is prudent, but not required.
 
Since the law doesn't require me to alert the officer to a concealed weapon and the permit thereof, should I have even bothered?

We're not required to notify in GA either, but I always do, and here's why. Here the officer already knows you have a permit, as it shows up with he runs your tag. I have a LE background, and when I was on a traffic stop and knew there was a weapon in the car, I got a much better feel from a driver who told me about it upfront and asked for direction than I did from one who didn't. All other things being equal, the driver who told me about the weapon was more likely to get a warning than a ticket. Police officers know that a traffic stop is the most dangerous thing they do on a day to day basis, and the safer they feel, the better mood they'll be in.

Just my opinion and experience.
 
First, I only inform when required to by law. Not that the law even applies to those carrying illegally and/or with ill intent...5th amendment and all...lest we forget...

2nd...I would advise saying that you don't think that's good for either person's safety as the officer is not familiar with either that gun, holster, or location.
 
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