I asked this question on Buckeye Firearms Association. I know in OH you are required to inform the officer first thing that you have a CCW and a weapon. From what I have found out, they are allowed to take the weapon to run it for whatever reason.
I do agree though they should not be allowed to take the weapon unless they have probable cause that a crime has been commited. To me this is just another form of harrassment. I also carry on my person in the truck and when I was pulled over by OSP he asked for my weapon, I asked him how he wanted to get it because I was wearing it and I dont feel comfortable reaching for it to give him a reason to draw on me. That is not cool at all.
If someone has any thing in Black and White that would show otherwise then I think we are screwed and at the mercy of officers who want to give us problems for no reason.
I always refer to the actual law when addressing questions like this, and, respectfully, you should too.
My own thoughts, announce your are carrying a concealed weapon, where it is and you have a CCW. This will not stop the officer from taking it but will help ease the tension. If you are legal your legal, if you are not your not. I do hope your state will get to this position. I still have a CCW and always will maybe I am just old and set in my ways.
Kentucky, God I love it here!!
KRS 237.104 Rights to acquire, carry, and use deadly weapons not to be impaired during disaster or emergency -- Seizure of deadly weapons during disaster or emergency prohibited -- Application of section.
(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.
(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.
(3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:
(a) Forbidden to possess a firearm pursuant to KRS 527.040;
(b) Forbidden to possess a firearm pursuant to federal law;
(c) Violating KRS 527.020;
(d) In possession of a stolen firearm;
(e) Using a firearm in the commission of a separate criminal offense**; or
(f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.
**so you could be trespassing, commit any kind of traffic violation, even beat someone down with your fists(as long as you were in the right), etc and they still cant disarm you
One last thing, I carry a Glock, hot (chambered) so I would make sure the officer knows this so he keeps his cotton-picking finger off the trigger if I let him disarm me.
Same here, for all my pistols. Exactly why I will REFUSE to allow the officer to disarm me without detention/arrest. It's a safetly issue that is pretty obvious.
Well yeah, I understand your point, but I don't want to elevate the situation by refusal or lack of cooperation - the first thing a cop is trained to do is control the situation, and I want to allow him to do that. But I won't let anyone touch my firearm, except a cop in the stop, and don't really trust cops to exercise proper gun discipline, just hope they have some sense. Like I said, just opinion since I have not been stopped in a long time.
Now that I think about it, I probably would strongly urge and cajole the officer to reconsider, letting him know that he has no legal authority to disarm me, and then turn over my gun if he escalated, cause I'm not going to get shot for being in the right. I'll write a letter afterword.
Now, back to sending in that state law language for this thread!
Hi All,
New to the forum, my question is if you are pulled over for whatever reason, the officer first off calls your tag number in, wouldn't he know then you are CCW
Hi All,
New to the forum, my question is if you are pulled over for whatever reason, the officer first off calls your tag number in, wouldn't he know then you are CCW
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