Deputy attempts to justify seizing LTC handguns during traffic stop

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  • Jack Burton

    Shooter
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    Jul 9, 2008
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    Under no circumstances will I return to my vehicle with a loaded weapon still in yours, so don’t get the idea that it is violating your rights for me to hold onto your gun for a few minutes.

    I remove the magazine and unload the weapon. I will then take all of the bullets out of the magazine. I will re-approach your car, explain that you are/aren't getting a citation, I am handing you a bunch of bullets to be put straight in the cup holder, and that I am going to place your firearm in the back seat and the magazine a few feet away from it. I then explain that under no circumstances are you to mess with that weapon until I am out of sight. I then return to my vehicle and leave.

    Complete essay is Concealed Carry- A Police Officers Prospective

    I would encourage commenting at the bottom of the article if you choose to do so. I left a lengthy one but I don't know if it is yet approved or not.

    BTW... you don't have to register to comment
     
    Last edited:

    Bigtanker

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    Aug 21, 2012
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    On my one and only encounter with a LEO while cc, my firearm was taken and held until the end. I received my ticket and was handed back my gun, open, with the mag and +1 round separately. Officer told me once he leaves to load it up. I told him that I only live 2 blocks away and will wait until I get home to do so. He told me to load it up as soon as he left because "You might need it in those 2 blocks."
     

    Kirk Freeman

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    Mar 9, 2008
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    Lafayette, Indiana
    I approve of the use of "coonfinger".:D

    1. In all seriousness, is there a Missouri statute that allows the officer to play with a pistol on a traffic stop? Don't know, just asking.

    2. Why does the officer assume the driver is only carrying one pistol?
     

    chezuki

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    2. Why does the officer assume the driver is only carrying one pistol?

    This.

    The only time I have ever informed was because my .380 was in the glove box sitting directly on top of my registration. The officer took the pistol with him and returned it unloaded with the rounds removed from the mag and instructed me I could reload once he was gone.

    My holstered Glock stayed on my hip the entire time. :D
     

    N8RV

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    Peoria
    Other than the missing apostrophe in the title and misspelling "perspective," it was a revealing article. :rolleyes:

    I applaud all LEOs and their efforts to keep us safe. I've ridden with local cops several times and am truly amazed whenever the seedy underbelly of our community is revealed. I would NOT want their jobs, and completely understand this officer's desire for self-preservation.

    However, I'm sure a good lawyer could challenge the seizure of lawfully held weapons in a routine traffic stop on 4th Amendment grounds. And, if I am wrong about that, I still have no interest in seeing some stranger -- LEO or not -- walk away with MY handguns lawfully in my possession. I've met far too many LEOs who really don't know that much about guns and have no real interest in them.

    This article sure makes me rethink the wisdom of volunteering the information that I have firearms in my vehicle. Just imagine the time it would take for a cop to ensure his personal safety from me if I were pulled over on my way to the range ...

    "Officer, I have a license to carry and I DO have firearms on my person and in the vehicle."

    "What firearms do you have and where are they?"

    "Let's see ... there's a 9mm in the glove box in front of the steering wheel, a .45 on my hip at 4:00 ... two M-4s in the back, along with another couple of 9mms, a .357 and a .40."

    What could have been a simple license check and warning to slow down a bit could easily turn into a half-hour circus of unloading, securing and transferring firearms and most likely involve another cruiser or two, just in case.

    No thanks. I think I'll just keep my mouth shut unless I am asked.
     

    ArcadiaGP

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    Only had this done to me once. Officer took my USP back to his car, "ran a check" for about 35 minutes (no exagguration), and brought it back. He put the magazine (loaded) on my front seat, and the USP on the backseat. He still gave me a citation for 15 over.

    Other than that one time, all other officers have been pretty nice about it, they've never had me remove it or give it to them, and most of them thank me for letting them know about it (if I let them know for some reason, such as reaching for my wallet)
     

    CitiusFortius

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    I live in Missouri, and here –like in most states- you do NOT have to tell the officer that you have a weapon in the car unless he asks.....I will not be very happy when I do ask you and find out that you are carrying a weapon. It is ALWAYS best to be straight forward about having a weapon.

    Best for who to be straight forward? Even if a citizen does tell at the beginning, he/she still gets the gun taken, mag emptied, then returned unloaded in the back seat.

    Sorry officer, but I really don't give a rip if you're "happy." Why would I voluntarily submit to your bully tactics when I don't have to???
     

    indytechnerd

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    This is one 'cop thing' that I'll never get. Why in the hell would you want a weapon out (and for lack of a better phrase) and in play during a traffic stop? If it ain't broke, don't fix it. Or, more appropriately, if the trigger ain't exposed, don't expose it.

    picture.php
     

    inxs

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    Oct 27, 2008
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    Just a stupid question, I've heard of all kinds of similar routines including disassembly, but what if something breaks during their little routines, they drop it, or a loose spring takes flight?
     

    Rookie

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    Sep 22, 2008
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    Kokomo
    Just a stupid question, I've heard of all kinds of similar routines including disassembly, but what if something breaks during their little routines, they drop it, or a loose spring takes flight?

    "Um, your gun broke. Have a nice day."

    TASER, TASER, TASER!


    :):
     

    Jack Burton

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    It can take awhile for replies to show up, depending upon how quickly the author reviews the essay. Most authors will approve most any comment, but a few don't like any disagreement with them. This guy has approved several now that take him to task.
     

    indytechnerd

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    Just a stupid question, I've heard of all kinds of similar routines including disassembly, but what if something breaks during their little routines, they drop it, or a loose spring takes flight?

    I believe this would be one of those times where you refuse to accept the weapon and require him to take custody of it while providing you a receipt.

    "Sorry, officer, I relinquished to you a functional, loaded, Glock Model 23. What you are holding is not the item I gave you. Understandably, I cannot take what you are offering, please provide a receipt so I may pick up my weapon and ammunition from the property room downtown at my earliest convenience."
     

    762Mike

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    Jan 10, 2011
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    I've had one pull my pistol off of me from the drivers door opening while it was holstered on my right hip. He didn't ask anything about it, such as model, safeties, IS IT LOADED, etc. He just fumbled his hand around until he found it, then drew it out and over my lap. Swept with my own pistol. So I am needless to say, in favor of leaving it safely holstered where it belongs.

    I thought that we had no way to combat such behavior, since this power is left to officer discretion?
     

    Matthew_DM

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    Jul 20, 2011
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    If a LEO asks if you are carrying in a traffic stop, are you legally bound to answer him?
     
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