LEO disarm during traffic stop

[Exodus]

So here's my question. Can a LEO rightfully take possesion of your firearm during a traffic stop? Yes you have your LTCH and lets say your gun is not in sight. He asks if there are any weapons in the car right off the bat when he walks up. You don't know why your being pulled over. (Not speeding and wearing seat belt)
Some replies might say it makes the officer feel safe. Okay then say your walking down the street and a bike cop stops you for some reason and finds out your carrying can he legally take possesion of your firearm then?

Sorry if these are noobish questions I've just thought this to be odd. If your not being stopped for a firearm issue and you have a LTCH why be treated like a criminal still.

 

[Goober135]

Are you asking can a LEO confiscate your gun or simply ask to see/hold your gun?

 

[armedindy]

im not sure, but i know id be uncomfortable if they did (i dont care if they are a cop) having someone else take my gun would be uncomfortable

 

[iChokePeople]

"There is nothing illegal in the car. Why am I being detained?"

 

[the1kidd03]

legally, from what I understand you do not have to give them your weapon...its more for their peace of mind....personally next time I will not and maybe it will keep their attitude a little more in check, but thats just IMO

 

[bassplayrguy]

Are you asking can a LEO confiscate your gun or simply ask to see/hold your gun?

Is there a difference if you don't want to give it up?

 

[ATM]

I would not inform that I am carrying, would not give my consent to being searched or disarmed, but would not resist, either.

I would file a formal written complaint if I thought they'd overstepped their bounds.

It's that or get tased, bro.

 

[cmstuard]

What ATM said.

 

[Exodus]

I definitly wouldn't resist to the point of getting tazed. Just wanted to know so that if it comes to that point I can file a complaint.

 

[Benny]

I definitly wouldn't resist to the point of getting tazed. Just wanted to know so that if it comes to that point I can file a complaint.

I'm pretty sure you can file a complaint if an officer looks at you weird...It's just a matter of them taking the complaint serious or not.

 

[jsharmon7]

I've heard different opinions from different officers. My opinion is that the wording of the Terry decision states "armed and dangerous." "Armed" and "dangerous." In my mind, those are two different things in the Court's view or they wouldn't have added that little "and." I don't disarm on a traffic stop unless I have some reason to believe you're dangerous. I've had other officers tell me differently though, so maybe I'm the one who is misinformed.

 

[Armed-N-Ready]

It's all a matter of attitude.

Both his and mine. I would probably make a complaint if I was disarmed as I would give him no reason to fear or disrespect me. I would not resist or refuse but would notify him/her that I am no threat and I would file a complaint. At a very young age I was taught to respect law enforcement officers and I still do today. I also expect any LEO I come in contact with to offer the same level of respect to me. No man is greater or better than any other man. If I am treated with respect I always return that respect, pretty simple.

 

[The Meach]

During a interaction with the police I voluntarily gave mine to a cop for a while but that was after I had accident (my head felt like my head got ran over by a tank)

I got it back no problem within the hour. No biggie. Props to IMPD at 4 am on a Saturday morning.

 

[matt4shadow]

I have given my firearm to an officer to hold while running information on me. The way I see it I am doing nothing wrong, the gun not stolen, and I have a permit. Until he runs my information he has every right to protect himself from the possibility of harm. If he doesn't give it right back...then we have a problem.

 

[shibumiseeker]

I will follow the orders of the officer. If those also happen to violate my rights you bet there's going to be a letter of complaint which outlines the rights violated and which goes to not only the head of that particular agency, but also to any civilian governmental official over that person. Then followup to be sure that said letter does not get ignored.

 

[ryknoll3]

I have given my firearm to an officer to hold while running information on me. The way I see it I am doing nothing wrong, the gun not stolen, and I have a permit. Until he runs my information he has every right to protect himself from the possibility of harm. If he doesn't give it right back...then we have a problem.

Ahh, the old, "I've done nothing wrong, so I'll let the cop treat me like a criminal reasoning."

 

[thumperdogg]

Ahh, the old, "I've done nothing wromg, so I'll let the cop treat me like a criminal reasoning."

+1 ryknoll

 

[matt4shadow]

see your point too

+1 ryknoll

I don't see anything wrong with the officer doing everything he can to protect himself from the possibility of harm.

As long as he show professionalism, I will comply. If not, then certainly would file complaint.

It is a ten minute encounter, I'll be OK.

 

[EvilBlackGun]

"... just for protection."

If I have been legally querried as to having a licensed weapon, I say the truth. My gun stays INside my car. LEO stays OUTside my car. My windows stay almost tightly rolled up -- but for passing my papers. IF I'm guilty of a traffic violation, "Just give me the ticket to sign" and I'll be on my way. No, a traffic violation is NOT legal reason to demand exiting my car -- but we all know cops never do anything illegal, right? Might suggest to the LEO that you KNOW what is and what is NOT a "Terry Stop." If LEO demands that I be disarmed, I'll suggest that he call for back-up, because I AM. Most cell-phones have a video "record" option; learn to use it. For the officer's safety. He doesn't need to turn a traffic stop into a confrontation. YOU better read up on all about the "Terry Stop" before LEO escalates you into one, all because of "his safety." EBG

 

[matt4shadow]

If I have been legally querried as to having a licensed weapon, I say the truth. My gun stays INside my car. LEO stays OUTside my car. My windows stay almost tightly rolled up -- but for passing my papers. IF I'm guilty of a traffic violation, "Just give me the ticket to sign" and I'll be on my way. No, a traffic violation is NOT legal reason to demand exiting my car -- but we all know cops never do anything illegal, right? Might suggest to the LEO that you KNOW what is and what is NOT a "Terry Stop." If LEO demands that I be disarmed, I'll suggest that he call for back-up, because I AM. Most cell-phones have a video "record" option; learn to use it. For the officer's safety. He doesn't need to turn a traffic stop into a confrontation. YOU better read up on all about the "Terry Stop" before LEO escalates you into one, all because of "his safety." EBG

I understand why you and others are passionate in your responses. I have read up on the "Terry Stop" I will now apply it if I feel the situation requires it. While all encounters are not the same, I have never felt threatened or that my rights were infringed. At anytime that I may start to feel something isn't right, I will not hesitate to take your advice. Thank you for your insight.