Horry County, SC Traffic Ticket


B

bbarton713

New member
I'm driving on a road that goes from 35 to 45 as the speed limit but it is different in each direction. I'm driving along with my wife and two little boys after a nice birthday lunch for me and I get pulled over.

Of course, I'm carrying and inform the officer of such when I hand over my license and CWP. He asks where I'm carrying it and then asks me to slowly use my pinky and thumb to pull out the gun and hand it to him.

He puts my Glock on the roof of the car while he waits for the registration and proof of insurance and then takes it back to his car. He did ask if it was loaded and if it had one in the chamber which was a definite yes.

Anyway, he brings everything back including a ticket and an unloaded gun. He asked what type of bullets I used (safety slugs) because he apparently had never seen one before. He told me it was unloaded and I said "I know" since the slide was locked to the rear and the magazine and spare bullet were in his hand.

He asked me not to touch the gun until he was gone so that we'd both be squared away. I'm not sure what that meant but I did what he said before pulling out and driving home.

It was a weird first encounter. I've read most of them on here and another forum and I've not ever read of anyone being asked to hand over their weapon in the car like that. Also, he gave me a ticket on my birthday, what's up with that?
 

Happened to me EXACTLY like that a few years ago. Was pulled over in the Black Hills during the Sturgis rally, informed LEO I had permit and weapon, whereupon they took my firearm and ran EVERYTHING: bike, driver's license, weapon, permit. Gave me my weapon back unloaded and asked me not to load it back up til they were gone; like I was gonna slam the mag home and start spitting lead at 'em as they pulled away. :wacko: Now, in all honesty, I was wearing an MC patch on my back, so I "forgave" them their nervousness. They were polite enough, at any rate. Oh yeah, no ticket, either.
 
I was bothered enough by how the weapon part of the stop was handled that I called the State Police and asked to speak to a supervisor. I told him what happened with my weapon during the stop and after I was done he asked if he could call me back after speaking to the trooper.

About 10 minutes later he called back and apologized on behalf of the trooper for how the stop was handled. He said it is not state policy or protocol to disarm a legally armed citizen during a routine traffic stop.

He said (and I quote), "You guys that get a permit should be afforded the same respect as an LEO."

He also said, "We don't want to discourage legal carry because we may need one of you to help us some day."

I still got the ticket but I feel better knowing that I helped in the education of a new trooper.

Thanks for the birthday wishes!
 
What is the "legality" of this, so to speak? (in North Carolina)

I do not feel comfortable handing over my gun to a cop unless it is not loaded. I do not know him, just because he has a badge and six months of school doesn't make him "safe". Sure he obviously has no criminal record, but as a permit holder, neither do I.

Would it be acceptable to say something like "I do not feel comfortable handling my loaded weapon in your presence. You could mistake any movement as a hostile action."

Thumb and pinkie? Give me a break.

Does North Carolina law require you to hand over your gun in a traffic stop?

On the other hand, I don't want to be jacked up and snatched out of the car for refusing to comply with the order to hand over my gun!
 
This was in South Carolina. And you are not required to hand over your gun at a traffic stop. I called and spoke to the troopers direct line supervisor who apologized for that happening at all.

I will be seeing the offending trooper at court next month as I go in to seek a reduction in the points and fine so we'll see how he acts then. I won't be armed so that's once less then to worry about, until I get back to my car anyway. :)
 
In my State, there's no requirement to declare the weapon to an Officer. But last time a Deputy stopped me, he finished up the stop by asking if I was carrying my gun. He was cool, totally unlike the smalltown cop who FREAKED when he saw my CPL in my wallet, then tried to tell me there was a requirement to declare the gun (I now carry CPL in left wallet, Driver's License in right wallet). They DO tie CPL data to Vehicle and Driver's License data and tell the Officer about the CPL when the stop is called in. This is a good reason to carry more than one gun. Surrendering one's only weapon to an armed and unfriendly stranger is not a pro-survival move.

I am rural, detest cities. In my opinion, today's Police (NOT the true Peace Officers of the past, whom I greatly respect) i.e. "government enforcers," represent -- or very soon will, the way our society is headed -- a greater danger to me and my family than any other single force in this society.

I believe the tying of CPL data to Driver's and Vehicle License data is not for Officer Safety. They know very well that CPL holders are even less likely to be involved in crime than Sworn Officers. It is intended (hoped by the Liberals in Olympia) to precipitate incidents, so they'll have an excuse to go after our old and respected "shall issue" CPL law.

The traffic officer described above was acting out of fear. Many Officers, particularly traffic officers, know they are not perceived as good guys by the public they rob. Their job is TAKING MONEY AT GUNPOINT from people who need it to feed and house their families. (A State Trooper friend of mine who made more stops than anyone else in his unit received a Royal Ass Chewing from his Sergeant because he did not Ticket - Take Money From - more than 75% of the people he stopped. That's what it is all about.) They know this. They fear the public. They know deep inside, that when people become more desperate and angry, they will begin to strike back at the the visible, uniformed symbols of their oppression. Logic says the Policticians deserve it, but human nature says the cops will feel it first.

This society is going to hell. The old saying that "In a Police State, it's good to be the Police." is not really true when things fall apart.
 
Hey bbarton713: You were speeding so the ticket part of your story is unfortunate but not necessarily forgivable. Don't speed, watch your signs and you've got nothing to worry about; odds are the judge will lower the ticket in $$ and points, IF the LEO even shows up; certainly you have an opportunity to say your piece on the rest of the story and embarrass the LEO. The rest of the story is interesting but I still do not believe that I would confront an LEO when the situation is my family and me or me alone and the LEO. He may be wrong and he may be stupid but he is still in charge at that time. Sorry he put you thru the gun part of the story.
 
I had a peaceful experience the other day here in Rhode Island. I was pulled over, I did not notify the officer that I was carrying and because Im active duty Army, I did not get a ticket. Im very nervous about what will be the first time I have to notify a police officer that Im carrying, particularly here in liberal gun fearing Rhode Island. Rhode Island is not a notification state unless the officer asks you to step out of the car.
 
kn1080 said:
I had a peaceful experience the other day here in Rhode Island. I was pulled over, I did not notify the officer that I was carrying and because Im active duty Army, I did not get a ticket. Im very nervous about what will be the first time I have to notify a police officer that Im carrying, particularly here in liberal gun fearing Rhode Island. Rhode Island is not a notification state unless the officer asks you to step out of the car.
Click to expand...

That's one of those laws that make a lot of sense. :confused:

Officer: "Sir, I'm going to need you to step out of the car."

CCer: "But officer I'll first have to inform you that I am carrying a concealed firearm."

That can't end good. :eek: :nono:

It's up to you as an individual what you want to do, so long as you're in compliance with the local laws. I OTOH will notify at the beginning of the official LE encounter. Some folks may forget, officer may claim that they weren't properly notified, etc. Handing over the valid CC license/permit along with the other required paperwork is standard practice for me. If ever asked in court I can testify that "It's my normal practice to hand over my CC permit/license along with all other documents requested by the officer." Again, I state do as you wish, so long as you're in compliance with applicable laws. Not sure about the rest of you, but I have a very difficult time remembering what state is a "must inform" or "may inform", or even under what circumstances I "must" inform. Life is a lot simpler for me to inform when handing over the rest of my documents.



gf
 
After thinking this part over I think I have to agree. We are not required to notify unless asked here in Colorado, but the few times I've had to interact with LEO while carrying I have informed them of such. Not once have they asked me to disarm, but they did not happen while receiving a ticket or for any kind of offense at all, so that might be different. I think I'll still inform them as soon as any personal interaction occurs.
 
Hey ToyRunner1: What exactly does "the few times I had to interact with an LEO while carrying" mean and how would that have required notification? I am interested in how anything other than a traffic stop would initiate this discussion. We have already had posts and threads where someone actually wanted to know "if you are in a diner eating and are CC, and some LEOs enter to eat and sit down next to you, are you required to inform?"--obviously the answer is a resounding no.
 
I've spoken with LEO many times when CCing, both with their knowledge and without, with no problems. None of the ones who knew I was carrying cared.

We aren't required to volunteer the info, but if asked must tell. Anytime an LEO askes we are required to notify them, whether in a diner or on the street, it doesn't matter.
 
Hey ToyRunner1: You indicated that anytime an LEO asks you are required to show your CCWP. That sounds a little draconian but if that is the law so be it. Based on some replies on this forum, there are a few members who would probably move out of CO before they would surrender what seems to be a ridiculous infringement (for no other reason than because?). There must be more to this--some form of just cause; then again the state has given you a CC right and I guess can have limits on your freedoms to use same.
 
Not having a "criminal record" doesn't mean he's perfect. I know I'm going out on a limb here, but there are plenty of "bad" cops out there. Drunk driving, murder, rape, child molestation, theft, bank robbery, A&B just to name a few offenses. I'm not painting all cops with the same brush, just as they shouldn't paint all gun owners (and treat as such) as "bad" or irresponsible. So, think again about who you can REALLY trust!
 
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If they ask, we are required to admit we're carrying. They can then disarm us if they choose. I know in Nebraska I am required to inform without any questioning if I am carrying whenever I encounter an LEO or other emergency worker. I like my CO law much better, but since I travel quite a bit in Nebraska, if I want to carry, I follow theirs as well.
 
I went to the court house yesterday afternoon but the LEO wasn't in attendance. I went in front of the judge (actually 3 of us at the same time) and he asked if we wanted a jury trial or a point reduction. I took the point and fine reduction and then joined the LONG line at the cashier down the hall to pay my debt to society.

After seeing how many people were going through that court room, and how long the line was to pay, I had no doubts that traffic stops having nothing to do with public safety and everything to do with revenue.

I read several of the local newspapers online and when you read about the crime that is rampant in our cities you wonder if their time could be better spent patrolling the trouble areas instead of looking for the dads driving home from church and going a little over the speed limit.

But, like I said, it has everything to do with revenue and nothing to do with public safety.

As a side note, there are signs prohibiting weapons and it is against state law to carry any weapons into a court house. I didn't see a single armed guard or police officer in the place and they didn't have any metal detectors when you walk in the door either.
 
hey bbarton713: Probably has more to do with particular towns and town governments. In Mt. Pleasant, SC, the chief is on record that traffic violations are near the bottom on his list of priorites for public safety; he believes that his officers can spend their time in better ways than 15 min at a traffic stop and a few hours in court. You and I can easily come up with a list of things that are more important than continuous traffic stops for absurd and small violations (that does not excuse the more outrageous and dangerous traffic violations that are enforced--excessive speeding, running stop lights and signs, aggressive and dangerous driving etc).I guess there are towns out there that do not feel that way and need the funds---I agree with our chief, I believe the manhours that must be devoted to one traffic stop for a 10 mph over speed limit can be better used for many other police matters, particularly with the cutbacks and attrition that our police departments face these days.
 
bbarton713 said:
I went to the court house yesterday afternoon but the LEO wasn't in attendance. I went in front of the judge (actually 3 of us at the same time) and he asked if we wanted a jury trial or a point reduction. I took the point and fine reduction and then joined the LONG line at the cashier down the hall to pay my debt to society.
Click to expand...

In the State of Florida, if the LEO does not show up for the court date, it is dismissed.
 
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