Traffic Stop and CWL

[Vonderek]

Tangent to this thread: I noted OP stated he normally carries small-of-back while driving. A number of years ago while stopped at a traffic light I was rear-ended by a pickup truck pretty hard. The impact of the truck forced the .32 in my back pocket into my hip and screwed up the sacrailliac joint in my lower back and hip. I was in daily pain for about two years. I think a larger gun carried SOB would really mess up your lower spine pretty bad in a rear impact collision. Just thought I'd throw that out there FWIW...

 

[poppy]

308win

If you are a licensee and are not carrying a concealed handgun, this
section does not apply to you.

Poppy

The above text is from the Concealed Carry Booklet posted on the AG's website. The bolding is mine.[/QUOTE]
Well, it depends on the definition of "carrying" and it could include a loaded gun in the console; I'm not sure.

 

[308win]

Oh, I think it definitely comprehends a weapon in the console, glove box. The "is the console same as the glove box" issue has not been determined by case law or otherwise yet. The statute is pretty clear that if in a motor vehicle you either have the weapon concealed on your person or secured in case (as defined), locked in the glove box, or in a locked case.

Make sure the handgun is:
In a holster secured on your person, or
In a closed case, bag, box, or other container that is in plain sight and
has a closing mechanism such as zipper, snap or buckle, or
Locked in your closed glove compartment, or
Locked in a case.

 

[SSN Vet]

handed my gun back to me unloaded

hope he gave you back the ammunition and magazine too!

I've had a similar experience when I couldn't find my proof of insurance. While the officer went back to run my license, I asked if he minded if I rummaged around for my POI, because I knew it was in the truck somewhere.

he responded by quipping, "as long as you don't have a loaded gun or a bomb in there"

I resoponded "Uh...actually....I do" and showed him my pistol permit. He didn't ask to see the piece and didn't seem to mind me dredging through my collection of Frito bags and coffee cups...(o.k., I'm a slob).

I found the POI and got a warning for the cracked windshield and expired (by three months) inspection sticker.

I got a secret to share ..... LEOs are people just like you. I've encountered hundreds and have yet to meet the jack booted Nazi types so often ranted about.

 

[H23gsr]

I got a secret to share ..... LEOs are people just like you. I've encountered hundreds and have yet to meet the jack booted Nazi types so often ranted about.

Lucky you, I've met a few jack booted nazi cops.

 

[308win]

Lucky you, I've met a few jack booted nazi cops.

I am sure the LEOs out there have met more than a few jack booted Nazi violators too - attitude goes both ways although they are supposed to keep theirs under control. Just food for thought.

 

[mpmarty]

When stopped we compare jack boots

Seriously, in August of this year I got stopped for 81 in a 65 by the state patrol. First ticket in twenty seven years. I was in the wifes suburban without detectors, scramblers and other ECMs. Officer came to the right hand front window and asked for drivers license and registration, I handed them to him from glove box and wallet. He then asked me for my CCW license which I handed to him and he then asked my wife for her CCW license and she snapped at him that she wasn't carrying. I ordered her to hand over her CCW permit and the cop smiled at her and told her if she hadn't given it up promptly she would have lost it as it is a requirement in Oregon to surrender your CCW on request to any LEO and it doesn't say only when you're carrying. All LEOs know in Oregon when they call in your license plate if you have a CCW or not and who else in the household has one also. They can also see your drivers license photos on screen in their vehicle. $242 ticket. Cut me no slack at all but was very friendly.

 

[cobrian45]

I've been stopped probably 4 times since I've had my CCW. In Texas, you must notify the LEO of your license if you are carrying, HOWEVER, it is recommended to always notify the LEO. I have never been ticketed since getting the CCW license and one time was told, and I quote "Well, I know you're not a dirt-bag if you have one of these."

I have seen posts on here before about being courteous to the officer and I have to say +10 to that. All of the things he is doing and you are expected to do during a traffic stop aren't to make you seem like a criminal. They are to ease the officer's tension and reduce the possibility of you getting "misunderstood" in a 230 gr kind of way. He doesn't know you're not a criminal until you prove it. If you have a problem with that, think about stopping some random car on the Interstate at night and walking up to a dark car with your hands tied by SOP. If you think about it long enough, you'll realize that you carrying a CCW have a lot more leeway in use of deadly force than that LEO.

 

[MustangHowie]

I have been pulled over twice since I got my permit.

The first time I was speeding. I told the cop I was carrying and he asked what I had. I told him a Sig P226. He asked where it was and I told him. He went back to his car and ran my info and came back and gave me a warning to slow down and let me go.

The second time I was in my '73 Mustang fastback. I was pulled over for having tinted plate covers. I told the cop I was carrying and he said " Well don't pull it out unless I need backup." He checked out my car and went back and ran my info. He came back and said he knew I was going for the whole blacked out look on my car, but I couldn't use the tinted plate covers in Idaho. My car is all black exept the back bumper, door handles window molding and wheels. No ticket and have a nice day.

I offer my carry info before the cop tells me why he pulled me over.

I wonder what the first cop would have done if I was carrying a Hi Point a Raven a Jennings or other?

I think the second cop was more interested in my car.

 

[308win]

you'll realize that you carrying a CCW have a lot more leeway in use of deadly force than that LEO.

Not really. In fact you have less defense against civil or criminal legal actions because you aren't acting in any official capacity. A 'civilian' does not have SOP or escalation of force guides which if followed provide a good measure of justification for actions; we are on our own and our judgment will be scrutinized, second-guessed, and challenged by just about everyone involved. If a non-sworn person uses their firearm (or any form of weapon) they are much more likely to be subject to some sort of legal action(s).

 

[StuckInMA]

I always notify an officer if I'm carrying and tell him where it is. Especially since I carry my gun and my wallet strong side.

Although the officer on the drivers side may not see the gun when I reach for my wallet the officer that I didn't notice walk up to the window on the passenger side will. I'm guessing a quick glance at my gun while I'm reaching for my wallet may cause a bit of a problem if I didn't notify.

I'd say you handled it quite well.