Got pulled over; Officer took my sidearm.

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Magic_Man

Magic_Man

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Dec 29, 2007
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I was driving home from my gf's last night on 95 and was pulled over. The usual DL, reg, insurance etc thing. I get my wallet out to I can get my DL, pull my DL out & he must;ve seen my LTCF card (behind my DL in my wallet) so he asked if I had a weapon.

Looking back, I suppose I could've/should've said "I don't have anything illegal." But instead I said "Yes." He asked where it was and I told him "my right hip."

He told me to put my hands out the window as he went around to the passenger side of my car to disarm me. He pulled my pistol from the holster & said "H&K?" I replied No, M&P, S&W. He then went back to his, with my pistol, car to run my info.

Several minutes pass & he comes back with my documents and pistol. He ejected the round from the chamber, put it in the mag & left the mag out. Brought it back to my vehicle in this condition. He then put it in my trunk and told me I could go back, load it & re-holster it once he pulled away.

He pulled away & I got out & did just that then proceeded to drive home.

He let me go with just a warning (Pulled over for speeding & not using my turn signal).

I don't know if I should be angry b/c he disarmed me. I can certainly understand why they do & I know I'm not the only one this has happened to. I suppose if it gets me only a warning, I can be ok with it. *shrug*

I think I'll move my LTCF to anotehr slot in the wallet though. :)
 
... Ours just told us to keep our hands away from our pockets .... but we did get a 220 dollar ticket.

I don't know who got the better deal.
 
Are you not supposed to declare yourself as licensed to carry and and armed (assuming you are carrying)? I know in Oklahoma it is law and you can lose your concealed weapons license if you do not. I believe most states require this as well.
 
Chalk it up as a lesson IMO.

If your state doesn't require you to inform, then just move the ID to another spot in the wallet.

JOe
 
i wouldnt complain in this instance...id rather have my guns numbers run and have to load it again along with a traffic warning than have a speeding ticket any day
 
I have to inform, so I hand my CHL and my DL at the same time. I've never been disarmed, even when it was on my hip and not in the console, but it wouldn't have bothered me if I had been. Cops have to stay safe, and if that helps them feel better, I'm all for it. By the way, I got 7 warnings in a row before I finally got a ticket. That was over a span of about 6 years. THR taught me how to handle a traffic stop, and I think that, more than the CHL, was the reason.
 
meh, what would you do as an officer in his shoes?

If I were in that situation, and had the same end, I would be just fine with it. He didnt confiscate it or write you a ticket.
 
Guys, don't twist my post. I didn't say I was mad. I 100% understand why he did what he did. However, my civil rights were violated.

In PA, we do NOT have to declare FYI.
 
That all sounds professional and within the range of reasonable to me.

In my state any CPL holder must immediately notify the officer at any stop. Failing to do so gets your CPL suspended and is a generally bad idea. The officer may, if they desire, secure your gun for the duration of the stop, or just ask you not to move in its direction, or do nothing, depending on their comfort level and assessment of you.

I don't think your civil rights were violated unless something in PA law specifically prohibits the officer's actions. Sure, it's not how you would have liked it, since you know that you are a good trustworthy guy, but the officer doesn't know that, and it's generally considered within the officer's rights at a stop to take reasonable precautions for their safety. He probably could have handcuffed you and kept you in his backseat while running your license and plates if he wanted to. Not saying that would be a good thing, just commenting on what I believe the current state of the law is.
 
He told me to put my hands out the window as he went around to the passenger side of my car to disarm me.
Click to expand...

That's the only part that seemed odd to me. How could he keep an eye on your hands while he was walking around your vehicle? (I suppose it depends on the vehicle?)
 
In PA there is no duty to inform, and the LCTF is not linked to the driver's license.

I think disarming you is poor practice and quite obviously introduces an element of danger to the situation where none was before, but it is probably not illegal.

Personally, I would make a complaint to the department on principle as I would rather that officers leave the sidearms of citizens safely in their holsters instead of climbing into a car to pull a gun out of someone's holster, and then attempt to figure out how to clear it on the side of the road.

The gun isn't pertinent to the traffic stop, and disarming an otherwise legal and cooperating motorist cannot possibly make the officer safer.

Further, I and my guns are perfectly legal. I don't need to have their numbers run, thanks. :rolleyes: I don't particularly CARE that the officer doesn't know me or my background. Unless he believes that a crime is in progress he has to give me 100% of the benefit of doubt.

I have had a similar interaction (wasn't carrying at the time, though) and have decided to be MUCH more discreet about letting my LCTF be visible while retrieving my drivers' license.

FURTHER, in PA there exists a state police database of handgun transfers which all dealers must report (oh, it's NOT a registration...just a database of folks who've bought handguns...:scrutiny:). Many guns (those transferred in wills or brought into the state when folks move here) do not appear in that database -- and that's perfectly legal. However, there are documented cases where certain troopers confiscated handguns from law-abiding motorists if their guns were not in that database, and it took some finagling to get them back. The database isn't "supposed" to be used that way, but sometimes is. I don't want to open myself up to that hassle, so I will not notify unless I feel I must for some reason.
 
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In VA they link your CCW to your Driver's License so the cops know if you are a CCW holder when they run your plates and license. I've had several speeding tickets over the years in even before getting my CCW I was always asked if I had any weapons on me.
 
One last time, I didn't post to complain or bash him or the police. I simply posted my story.
 
It's B.S. any time a innocent person is disarmed for no reason!
If this is OK, will it be alright when they come to your house to do the same?

I can't accept; "for the cops safety" crap either. :evil:
 
You state that the officer put the gun in your trunk. Were you driving down the road with your trunk open? If not, the officer was over reaching when he opened, or ordered you to open, your trunk. I would also think that if he ran your serials he was performing an illegal search. Simply having a gun is not grounds to perform a search of said gun.


I'd like to see some sort of case where an officer takes a gun "for their own safety", goes to clear the gun, and discovers that the person is hiding, say, heroin in the chamber. Illegal search?
 
If you were in Philly then I say it went very well. Anywhere else in PA and it went just OK.

He shouldn't have disarmed you.

Like you said, move your LTCF.
 
Unfortunately, in Michigan we are legally required to disclose *immediately* when stopped by an officer, so not disclosing is not an option.

So far, funny enough, the three times I've been pulled over in the last six years I wasn't carrying at the time for any of them. I normally try to "always" carry, but sometimes I will leave the gun at home if I know I'm going to be spending a lot of time at a no-carry zone (like a hospital) or if I've made the rare decision to drink alcohol while I'm out.

I know I'll get pulled over with my gun sooner or later, just a matter of time. I have slowed down my driving the last few years though so my interactions with the cops on the side of the road are fewer and fewer.
 
"I KNOW MY RIGHTS!!!"...

come on man... don't be like that. you got let go and you could have been fined.

You DID tell him that you had a firearm. you after the fact thought of something "better" you could have said but you didn't.

What's done is done. Live and learn but don't be "That Guy"....

JOe
 
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