Finally - Stopped While Carrying

[Valkman]

Dang it! I hadn't had a ticket since '82 but got nailed today going down the wide-open highway to Pahrump. Wasn't paying attention and got nailed for 85 in a 70 zone. Crap.

So the NHP guy comes up on the wife's side and says he clocked me doing 85 in a 70 and I said "Yes sir!" Hey I'm dead meat and not gonna argue. He asks for the usual stuff and I hand him my NDL and Carry Permit while the wife looks for the registration and proof of insurance. I told him we never needed the stuff before!

He asked me if I was carrying ("Yes sir") and where (right hip). He told me not to move my hands and waited a minute for the wife to find the stuff, then came around and opened my door. He had me step out and took the Kimber from the holster, then took it back to his car. He unloaded it and I saw him holding it up with the slide locked back calling in the serial #. It was on the permit but whatever.

The wife found the registration but no proof of insurance. He brought the gun back, opened the door behind the wife (Ram Quad Cab) and laid the Kimber on the floor along with the loaded mag and then gave the spare round to my wife. He said my ticket was a $300 one but he was giving me a $67 one instead and it would not affect my record. The proof of insurance thing requires a trip to court though! :banghead:

Anyway, the wife asked if it was right to give him the permit and he said he sure preferred it. We do not have to in NV but I know if I was a cop I would appreciate it, and it's too easy to have it seen. I did not tell him I had a snubbie in the center console because that would not be found except for a search, which there was no reason for and is perfectly legal. So it turned out well and it pays when everyone gets along.

 

[bpisler]

It was nice of the officer to write
the ticket for a lower amount.

 

[The Real Hawkeye]

Not a bad experience, compared to others I've read about. Still, makes absolutely zero sense for him to handle your weapon at all. Certainly doesn't enhance his or your safety, as any time unfamiliar hands take hold of a loaded holstered weapon, the level of safety for all concerned is reduced. It also doesn't make sense for him to fear being intentionally shot by you, because if you were the type to do that, you certainly would not have presented him with your CCW license. Further, once he sees your CCW license, he has every reason to breath a sigh of relief knowing that he is dealing with someone who is many times less likely to be a violent felon than a person picked at random. The only possible logical reason for disarming a CCW holder it to humiliate him and reinforce the notion that cops occupy a higher strata of citizenship, meaning that we are the serfs and they are the nobles, and this is not supposed to be the case in the United States. We have no nobles and serfs here. One man's rights are not supposed to be superior to another's.

The reason many cops give for doing this is, "I'm damned sure going home to my wife and kids after my shift." Well, if both were on equal footing as citizens, that would be an equally valid justification for CCW holders to request that the officer hand over his weapon for the duration of the contact. Since both have an equally valid desire to return home alive, however, neither should attempt to disarm the other, that is, assuming we occupy an equal status as citizens in this nation.

 

[DunedinDragon]

Pretty similar to my experience a couple of weeks ago. Although others seem to get concerned about having their gun taken during the stop it really doesn't bother me. I figure I'll give them the benefit of the doubt given their job duties and the fact they have NO idea who I am or what to expect of me.

I've since talked with a cop informally about this and he told me it's standard procedure even in the case of a CCW. The fact is CCW's can and are faked sometimes, and even a legit CCW might have purchased a stolen weapon that could have been used in a crime, so until they can verify everything is normal it's best to not take any chances. I'll give them that.

This guy also told me that once he verifies everything he tends to feel more comfortable and have more in common with CCW's than regular citizens because he knows he's dealing with someone that respects the law and has the same attitude about criminal behavior that he has, and that may be why your cop cut you a break.

 

[ulflyer]

I would object, depending on circumstance

Here in N.C. the local county cops like to pull road blocks just to check licences and such. In that situation I would refuse if one asked for my gun.
On other hand, if I were stopped for a traffic violation, I would not object.

 

[The Real Hawkeye]

Here in N.C. the local county cops like to pull road blocks just to check licences and such. In that situation I would refuse if one asked for my gun.
On other hand, if I were stopped for a traffic violation, I would not object

I would not recommend refusing to hand over your gun, unless you want to die in a shootout. He will call for whatever amount of backup he needs to tilt the scales in his favor, and you cannot win. This battle must be fought in the legislatures and courts.

 

[Oleg Volk]

Note to self: do not go to North Carolina for vacation.

Not many states left where I'd be willing to go anymore, and some of them require flying or driving through real trashy jurisdictions.

 

[Zero_DgZ]

It was nice of the officer to write
the ticket for a lower amount.

Especially without proof of insurance!

If this happened in my state, they'd drag you out of your car at gunpoint and tow it away. It's then a criminal charge in court and a fine afterwards, and I've heard horror stories from people about the fines and legal costs for getting their vehicle back being more than the worth of their car!

 

[Bruce333]

Note to self: do not go to North Carolina for vacation.

Why?


None of my friends that have a CCW have ever been asked to surrend their guns when pulled over (I haven't been pulled over in a long time). in fact, all of them have said that when they tell the LEO (as required by NC State law) that they have a CCW and are armed the response was "Thank you. But I'm not concerned about that." or words to that effect. The same with these license checks they do, they never do them on major roads/high traffic areas. They aren't out to cause trouble for legal gun owners. They are looking for the suspended licenses, out of date registration and inspections, they have even nabbed people with warrents out on them and drunk drivers.

 

[mattcat]

they finaly repealed the concealed carry law in Alaska, now (outside the major cities anyway) it is not required to have a permit, the only requirements are that when stoped you must inform the officer that you are carying and the weapon has to be secured to the officers satisfaction while in contact.
it used to be that if the RO of a vehicle had a carry permit and the car was stopped the officer would not approach untill backup arrived which in rural Alaska can take a while

 

[Pilot]

If I was stopped in a state that does not require you to divulge that you have a CCW and are carrying, I would not offer the info. Concealed is concealed and for a normal traffic ticket why get hassled and have someone else handle your LEGALLY CARRIED gun. The possibility of mistakes are elevated. He had you get out of the car so he could disarm you. What if he didn't like the way you raised your shirt and got nervous? This opens up lots of possibilities for error and misunderstanding. If its the law, fine, you have no choice, but if you have a choice why risk it? Just my $.02.

 

[WeedWhacker]

I am quite certain NV requires CCW holders to notify police when they are carrying. In general, though, I agree: concealed should be *concealed*, and if it is concealed, no one should ever have a problem with it as they'll never know.

 

[The_Shootist]

Stopped While Carrying

Been stopped for speeding 3 times in the nine I have been carrying. Most recently was doing 33 in a school zone posted at 25 cuss: ).

Anyways, cop comes to vehicle and I hand him License/Insurance/CHL and immediately announce I'm carrying. He asks where, I tell him in my briefcase.

Cop shrugs, writes ticket and waves me on. Seems kinda typical of Texas cops, at least outside of Houston to take a laid back attitude to CCW'ing. This stop didn't even take that long, so I'm not sure he even ran my license.

 

[Pilot]

I am quite certain NV requires CCW holders to notify police when they are carrying.

In that case he had no choice.

 

[M2 Carbine]

In TX you are required to present your CHL with your driver's license, if you are carrying. I would show my CHL even if I wasn't carrying, which won't happen.
Then the officer can take your gun for the duration of the stop but I've never heard of that happening.

Since I got my CHL I have been stopped about 13 times for traffic violations (and I try not to speed ) by almost every kind of LEO in TX.
Almost every time, I could almost see the officer's attitude change when I gave him the carry license.

I did not get one ticket (except a warning), even when I was stopped four times in a known bad speed trap town.

All LEO are not anti-gun. Many are pro gun and look at other gun owners as the good guys.
As an ex LEO, the way I feel about telling you the officer if you have a gun, even if your state doesn't require it is, I'd want to know if there's a gun in the car or on you.
No big deal, I just think it's a matter of courtesy shown to the officer.
If a person I stopped didn't show me such courtesy, and I found out about it, I would feel that I didn't have to show them the courtesy of giving them a warning ticket or lowering the fine.

 

[TIMC]

I have been stopped twice since I got my CHL. Both times the officer asked if I was carrying. When I told him yes he asked were it was but neither time did they ask to see it or take it from me. In only one isntance did I receive a ticket. I noticed they tend to get more relaxed when they see you have a CHL.

 

[Princecookie]

Stopped whille carrying

I live in New York City and I will never have that problem. The average person will NEVER be able to get a carry permit.

 

[Oldtimer]

WHEW! I hope that none of you misunderstand where I'm coming from, but I think that it might be necessary to clue you in on some FACTS!

Your valid CCW permit does NOT mean that you are to be given "special preferance". When a law ENFORCEMENT officer stops you, he/she has certain "authority" that is necessarily given to them. While it would be unlawful for them to ask you, say, strip off all of your clothing and submit to a rectal search, they CAN disarm you during the temporary detention of a traffic stop....even with your valid CCW permit. During that temporary detention, YOU are still a "citizen", but you have also violated some sort of traffic/criminal infraction/misdemenor/felony! The LEO has the "authority" to LEGALLY disarm you!

Some states don't require CCW permitees to state that they have a CCW permit, or to show the permit.
On the other hand, MOST states allow LEO's to conduct "cursory" or "pat-down" searches of individuals that have been temporarily detained for some reason. No, they're not given "carte blanche" authority of conducting a "cursory" search, but there are certain circumstances that WILL give them that "authority"....such as during the hours of darkness, the crime rate in that particular area, and even "suspicious"/"furtive movement" actions by individuals.

Of course, you do NOT have the "right" to carry a firearm onto a commercial aircraft. Is that an "infringement" on your rights? Sure it is, but I think that we all agree that our "right" to do so doesn't mean squat. On the other hand, it sure would have been nice if there HAD been armed citizens on the aircraft that had been hijacked on 9-11-01! Box cutters VS guns?

I am a retired LEO. I carry whenever I am out and about, and LEGALLY do so. I have been stopped by the local LEO's a few times during my 4 years of retirement, but those incidents were always positive contacts....mainly due to my IMMEDIATE verbalization of being LEGALLY armed as a retired LEO, then cautiously showing proof to the officers.
NO, they have never disarmed me during those temporary detentions, but I wouldn't have my "feelings hurt" if they chose to do so....until tey were able to verify my retired/former LEO status.
As far as I'm concerned, I'm merely a "citizen" when stopped, and WILL comply with the "authority" that the uniformed LEO's have.

Bash away if you want! My "rant" is that the CCW permit subject is still relatively new, since such things as "shall issue" clauses in many states have only been around for a few years. I am 100% FOR your "right" to carry if you have complied with all of the requirements! As a retired LEO, I don't feel "special", I just feel relieved, for I know for a FACT that at least 3 of the desperados that I've put in prison WILL seek vengeance, if/when they are released! Maybe one of you CCW permitee "citizens" will come to my aid? I wouldn't mind that at all!

 

[citizen]

I am quite certain NV requires CCW holders to notify police when they are carrying.

.....you are quite certainly wrong. NV CCW has no requirement of disclosure for traffic stop.
Others will be along here soon enough to elucidate, I'm sure.......

 

[Old Dog]

they CAN disarm you during the temporary detention of a traffic stop....even with your valid CCW permit.

Oldtimer, I think the point most are getting at is that police officers should not have to disarm a citizen carrying a firearm in accordance with state laws. Government supposedly trusts us to carry a weapon in public, licenses us to do so; at some point, law enforcement needs to be displaying this same trust. Having spent a few years in LE myself (and now again working in the field) I thoroughly understand the cop mentality of desiring to go home to wife and kids that night, but if a person legally packing is pulled over for a routine traffic stop (I know, I know, there's no such thing as a "routine" traffic stop) and is upfront about his/her carry status, license, registration, et al, checks out ... there should be absolutely NO need for any firearm to come out and be handled ...

I have been stopped by the local LEO's a few times during my 4 years of retirement, but those incidents were always positive contacts....mainly due to my IMMEDIATE verbalization of being LEGALLY armed as a retired LEO, then cautiously showing proof to the officers.
NO, they have never disarmed me during those temporary detentions, but I wouldn't have my "feelings hurt" if they chose to do so....until tey were able to verify my retired/former LEO status.

So why shouldn't citizens with CCW licenses/CHLs/CPLs be accorded the same trust? Hmm? You are no more special than Joe Sixpack, a sheetrocker with a CPL, due solely to your status as a retired LEO.

Thank goodness in this state (by the way, the original "shall-issue" state and for more than just "a few years") there's no requirement to notify your friendly officer during a traffic stop of your carry status. Interestingly enough, my wife once used her CPL (in WA, the license has your DL number on it) when pulled over (she'd left her DL in another purse) with her military ID as ID for the state trooper ... everything checked out and she received only a warning. Yeah, she was packing, and the state trooper seemed amused when she told him she was carrying a .45 -- but the trooper didn't ask to see it.

 

[nswtex]

"but I wouldn't have my "feelings hurt" if they chose to do so....until tey were able to verify my retired/former LEO status."

Would it bother you if they didnt care if you were a retired LEO and just wanted to check you out to make sure you dont have warrants and are carrying legally with a legal weapon.

 

[Guns_and_Labs]

He told me not to move my hands and waited a minute for the wife to find the stuff, then came around and opened my door. He had me step out and took the Kimber from the holster, then took it back to his car. He unloaded it and I saw him holding it up with the slide locked back calling in the serial #. It was on the permit but whatever.

My concern would be that I'm not sure it would be particularly safe to have the officer retrieve and unload your gun. They don't get trained on all types of pistols, and could easily have an ND trying to figure it out.

I've never had an officer do more than thank me for mentioning it (twice), but I've been wondering how to handle it safely -- for both parties -- if asked to disarm.

 

[calzoom]

Nothing wrong with being nice to the Officer. And why do you have to be stopped in the first place if you are a law abiding citizen? C'mon a little responsibility goes a long way. Be safe out there everyone.

 

[The Real Hawkeye]

... but those incidents were always positive contacts....mainly due to my IMMEDIATE verbalization of being LEGALLY armed as a retired LEO.

Naturally! You are a member of the club. A wink and a nod are sufficient, eh?

 

[PATH]

In New York State I am not required to tell the officer I have a permit to carry. I would tell the officer, if stopped, that I was carying and would hand him my CCW. I am one of the good guys just like him. If the officer was a jerk I would file a complaint.

I have never in all my years of driving been stopped for a moving violation.