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You Get Pulled Over - Cop Asks For Gun - Unload?

Discussion in 'General Gun Discussions' started by QKRTHNU, Jan 8, 2003.

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  1. QKRTHNU

    QKRTHNU Member

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    This question is for those of you that have CCW and have to notify an officer of it during a traffic stop. If any of you are LEO it would be interesting to hear from you also.

    If they ask for your weapon, do you unload/clear it first, or just hand it to them as is?

    Obviously under normal circumstances you would always want to clear your weapon before handing it off. I wouldn't think this would be any different; I'm just not sure how the cop would react.

    I would probably tell him I'm going to clear the weapon and see what he says. You?
     
  2. Betty

    Betty Member

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    No, I probably wouldn't unload it - any fiddling with the weapon might be mistaken for chambering a round or worse, an attempt on the officer's life. Move slowly when retrieving the firearm for the officer. I would clearly state that the weapon is loaded, chambered, and whatever the status is of any manual safety.

    Asking first to unload might work.
     
  3. HS/LD

    HS/LD Member

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    If I had to (notify the LEO) which I don't.

    I would tell the officer to take the pistol out of the holster him/herself.

    Unless I am going to fire the weapon, there is no way I am putting a gun in my hand with a cop at a traffic stop.

    HS/LD
     
  4. TheOtherOne

    TheOtherOne Member

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    When the cop asked for mine he just snapped at me, "Just hand it to me!" when I asked if I should unload it.

    This just happened yesterday so it's fresh in my mind. Take a look at my thread on here.
     
  5. Chris Rhines

    Chris Rhines Member

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    This is an excellent reason not to volunteer the fact that you are packing, unless you are legally obligated to do so.

    Ask first. Obey the four rules.

    - Chris
     
  6. Viking6

    Viking6 Member

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    I would be polite as possible and do exactly what Runt describes, as much for my safety as anything else.
     
  7. Jesse H

    Jesse H Member

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    We're required to give them our CHL whenever ID is asked for.

    I've only been pulled over once while carrying and he didn't ask to see it. Just asked where it was.

    What I would do now is:

    Pull over, turn off radio and car, roll down both windows, turn on interior lights and wait with hands on wheel. I don't want to fumble for my license and insurance while he's approaching my car.

    When he asks for the info I'll hand it to him slowly and deliberately. I'll inform him I'm carrying and where. If he asks for it I'll ask if I can hand it to him inside the holster or if I may clear the gun first.

    If I can't do either I'll bite my lip and hope this guy keeps his finger off the trigger and doesn't sweep me, while informing him there's one in the chamber and the gun is a single action sans manual safeties.
     
  8. Smurfslayer

    Smurfslayer Member

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    When the LEO gets back

    ...with your carry piece, I've *HEARD* that a really neat icebreaker is to take the gun back when it's handed to you & politely ask: "would you like to see my backup piece too?" ;-)
     
  9. 80fl

    80fl Member

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    Although in NH we don't have to reveal, as runt said, I wouldn't want to fiddle with it.


    "Associated Press Wire"

    New Hampshire Man shot while attempting to pull loaded gun on Police Officer.

    A NH JBT fatally shot a man today during a routine traffic stop.
    The man, only known as "80fl", was fatally wounded when he attempted to pull his concealed pistol after officer Jack B. Thug pulled Mr. FL over for an inoperable license plate light.

    Upon interviewing Mr. FL's neighbors, they only said that "he was such a quiet man", and "he must have just snapped".

    The District Attorneys office said today that it was a "good shoot, and we're just so thankful that the officer had the presence of mind to use lethal force in order to save his own life".

    The commendation ceremony for Mr. Thug will be held on Friday the 13th, at 6:00 pm.
    :D




    No, I don't think I'd unload it.
     
  10. MoonMan

    MoonMan Member

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    My plan will be to ask for permission.

    If the answer is "no", then I will hand it over in the holster.
     
  11. ceestand

    ceestand Member

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    I would have to tell the cop what make it was, and that I would like to clear and make it safe before handing it to him. Whichever his response is, I would say "OK, then I'm going to do that now then."
     
  12. gryphon

    gryphon Member

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    It depends on the officer.

    Back in PA, my brother in law has a carry permit. All his experiences have run the gammut of, "leave the pistol where it is", to "drop the mag and clear", to "hand it over until the end of the stop" to "nothing at all".

    If they ask if you have a carry permit and ask for the weapon, ask them how they want it presented. If they say "just hand it over", you might want to offer that it is either C&L or condition 2. Not all officers are as gun savy as some of us are and may not know how to operate your particular firearm.

    But, i think that runt had it right, follow what the officer wants to do and you should be OK.
     
  13. P12

    P12 Member

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    Odd that someone brought this up.

    Just today I met my first city cop that said he disarms CHL holders.:what: That's rather odd for Lubbock. To my knowledge anyway.

    I have been working on police cars for the last several days and the officers come by while on duty and have to wait for the update. So I chat with them while the tech is working on the unit. The subject of guns comes on every time.:D Well I was floored to say the least and couldn't :cuss: about it since he was a customer.

    He even said that cops don't want the people to carry guns. :what: Man I really had to bite my lip on that one.

    He is SOOOOO WRONG!

    Anyway back to the topic, I asked him if he had the CHL holder unload the gun before he handed it off. He said no! He would view excessive handling of the gun as a threat and would behave accordingly. :what: So I tells him of the thread on TFL about the local that swept all passengers with the muzzle of a loaded gun. And he was like "well, you shouldn't keep it loaded."

    :cuss: :cuss: :banghead:

    You have no idea how much self-control I was able to exibit.

    I bet we read about him in the papers one of these days, too! Bustin a cap on some poor hard of hearing CHL holder, or something.

    Unbelievable!
     
  14. Diesle

    Diesle Member

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    Ask the cop what he prefers.


    Diesle
     
  15. OF

    OF Member

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    If s/he asks for my gun, I plan on asking for his. If that doesn't go over so well, then I'll hand it over in the holster (I wear clip-on style holsters 95% of the time).

    - Gabe
     
  16. Shootist45

    Shootist45 Member

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    Well, was never asked to give up my firearm. But, was stopped for slightly excessive speed in a school zone, once.

    Officer asked if I was armed, he had my CCW in hand.

    I answered yes. He asked if it was loaded. My response was: What the hell good is an unloaded gun?

    He gave me back my license and CCW and bid me a good day.

    That was in Georgia, god I miss that area.
     
  17. alan

    alan Member

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    I might be thick headed, or perhaps I misunderstood something, somewhere along the line, but I thought that TRAFFIC STOP was mentioed in the original post.

    Given that, exactly how did we get from handing the officer a drivers license, vehicle registration or ownership document and perhaps proof of insurance, to ANYTHING having to do with firearms, concealed carry thereof, and or transfer of possession thereof?

    As has been mentioned in all sorts of places, most people sound/look a whole lot smarter with their mouths shut, than they do with their mouths open. How come it seems that this simple fact escapes the attentiuon/understanding of so many, or am I missing a salient point?
     
  18. P12

    P12 Member

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    Several states require disclosure as a condition of the CHL when asked for and ID.
     
  19. beemerb

    beemerb Member

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    Been stopped twice while carring.The procedure here is to put both hands on the steering and tell the cop that you have a ccw and am armed.I was ordered to get out of the car keeping hands ou t the window and the cop disarmed me.When it was over one of them used the gun as a excuse to go into my car and put the gun on the passenger seat unloaded. He then did a complete visual search of the inside of my car.
    The second one was a car accident where I got hit from behind.My gun was removed from holster by cop and replaced into it when all the reports where done.At no time was I allowed to even touch the gun.
    I sure was PO'ed but I don't have lawyer money so nothing I can do.
    Bob
     
  20. alan

    alan Member

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    P12 wrote:



    quote:
    --------------------------------------------------------------------------------
    or am I missing a salient point?
    --------------------------------------------------------------------------------

    Several states require disclosure as a condition of the CHL when asked for and ID.


    __________________

    Seems that, at least for me, learning is an ongoing experience. Which states do you refer to?
     
  21. Bainx

    Bainx member

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    P12....

    the cop you were talking to is a friggin moron.
     
  22. Wildalaska

    Wildalaska member

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    Alaska requires disclosure, and the law adiding gun owner advises the cop who then provides direction as to what the gun owner should do as the officer sees fit to protect his own safety.

    If he asks me for the gun Im gonna give it to him (and they have never asked)...whats the big deal..who cares...they are police officers for gods sake why get into a p*ssing match or be p*ssed off about it..
     
  23. P95Carry

    P95Carry Moderator Emeritus

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    No obligation to declare carry in PA but ....... looking at whole deal rationally .. seems wise to me to first declare if having to go fishing for wallet etc to get DL. ... then no nasty surprises ..... which means jittery cop as he finds out by mistake.

    It goes against the grain to pass over a loaded firearm (exception being at range when tutoring someone) .... but, it would seem politic to do what the cop requests, having asked up front what is best. On balance I would expect average cop to not want to see any more than thumb and finger removal and transfer .. let's face it .. he doesn't know your thoughts. Even better (for the cop anyways) is to let him remove the piece.

    One reason I carry P95 is because even with ''one up'' .. it requires a DA pull and so is all but safe to handle - and so doubt a cop taking it loaded will have any safety issues.
     
  24. King

    King Member

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    Advise status to the LEO and wait or ask for instructions.....not more, not less.

    Chances are, they won't ask you to unload / clear it.
     
  25. DevilMayCry

    DevilMayCry Member

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    A little long but an interesting read

    Years ago in my early twenties I was driving into Rapid City SD, from Wyoming. Was out West looking at a tech school and wanted to go by Rushmore on the way back to Illinois:mad: Was driving through Keystone (I forget the HWY) but was speeding. Got stopped by a SD state police officer. He has me sit in the cruiser and gives me the lecture, I was very polite and answered all questionshe asked. He asked if anybody from Illinois asked me to bring a package to SD. I said no, didnt know what he meant at the time until I saw one of those billboards about bringing drugs in to SD then I got it. Illinois plates, long haired, tattoed biker type driving vehicle, I see the connection. He then asked me if I belonged to any organizations like Hells Angels, Outlaws, KKK, Aryan Nations stuff likee that. THe confederate flag and skull tattoo on my arm must have made him curious. No I said no biker gang affiliation at this time or ever for that matter. Then he asks me if I have a firearm in the car, "now thats another matter," says I. Yes I have a 9mm Berretta in the vehicle on the floor backseat. What gave that away that I was a gunowner maybe it was the Hornady bullets shirt I was wearing I dont know. He asks me to stay in the car he wants to go look at it. WIfe is in the car we are driving and the officer goes into our car and removes the firearm and runs the serial number is my guess. He comes back to the cruiser and asks me if I know what the law is for carrying a firearm in SD. Me being ignorant, young and stupid tell him that I do not know:rolleyes: He informs me that I can have a firearm in the vehicle, it must be in plain view, and I must tell the officer the following, "Officer I have a firearm in this vehicle and I am not going to touch it." He explains that I should keep my hands where they can be seen and i will have no problems. So now I think I am going to SD jail with my new wife in hysteria nad my life is over and my gun rights are gone and so on. He tells me to exit the cruiser and walk to my car. I do and as we are standing there on the side of the road with traffic going by and people slowing down and staring he takes my pistol and racks it and looks down the barrel by holding up in the sunlight, he then closes the frame and hands me the gun and tells me " you need to clean your weapon. Now where are you going to put that." I said in the trunk where I then put it. He walks back ot his cruiser while I am still putting away the gun. I get in the car and almost wet myself laughin mostly from being nervous and told my wife what was said. I then went on to Enjoy the rest of my vacation, I tell this story to my shooting buddies and they find it hysterical. Glad to say that 10 years later I am no longer naive about carrying a firearm and how to handle law enforcement in that situation. The only thing I think that he should have done differently was The Officer should have put the firearm in the trunk not me. I couldnt believe that he would turn his back on someone with a firearm, loaded or not. :evil: :evil:
     
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