One more question...If I am involved in a traffic stop (or any other sort of stop, for that matter) and the LEO wants me to surrender my weapon (for his safety) how is the turnover to be made? I just cannot envision pulling a weapon in front of an officer, especially if facing him. Do you suppose I can just "hands up" and let him strip me of my handgun? Anyone know what my rights are...could I refuse until another officer (or supervisor) is called out? Lots of questions, but lots of concern to go with them!!
What If LEO Wants My Weapon During Traffic Stop?!
- Thread starter Sparky1
- Start date
longslide10
New member
They will most assuredly insist they do it. Just make sure you are in front of their camera when it is done. If you have a permit then they shouldn't even ask for the weapon and if they want to run a check to see if it is stolen then state you would like to keep your property on your person but you will gladly read the numbers for him/her.
In Ohio you have to surrender your weapon by law. They are required to return it in the condition they received it in.
My recommendation would be to take a pic with your phone if possible (leo may not permit this). Take direction from leo on how to proceed with surrendering the weapon. Do so on camera. DEMAND documentation if they try to keep it. Be calm. File a complaint through proper channels after the fact if needed.
My recommendation would be to take a pic with your phone if possible (leo may not permit this). Take direction from leo on how to proceed with surrendering the weapon. Do so on camera. DEMAND documentation if they try to keep it. Be calm. File a complaint through proper channels after the fact if needed.
bofh
Banned
A lot of things depend on the actual situation and location. You have to follow a lawful order. You do have rights. Asserting them correctly is important, including not consenting to any search or seizure and lawfully refusing to provide answers to questions. There is an entire category on LEO encounters in this Forum: LEO Encounters.
One thing is pretty clear though, if you are surrendering a weapon you are carrying, simply follow the officer's instructions, keep calm, maintain basic firearm safety, and don't do anything stupid. The officer will tell you what to do and what not to do.
One thing is pretty clear though, if you are surrendering a weapon you are carrying, simply follow the officer's instructions, keep calm, maintain basic firearm safety, and don't do anything stupid. The officer will tell you what to do and what not to do.
Firefighterchen
OC for Tactical Advantage
Firstly, I don't get pulled over. Secondly, i don't inform. Solves that issue. I don't discuss my rights, I exercise them.
Sent from my HTCONE using USA Carry mobile app
Sent from my HTCONE using USA Carry mobile app
ljnowell
New member
In illinois the ISP has provided training for local PDs regarding traffic shops with CCLs. The training and suggestions are that things are best if everyone's guns stay in their holster.
That being said, if your gun is loose in the car, they may take possession of it. You may encounter that one cop that thinks he needs to take control of it.
If this should happen let them take the weapon the side of the road isn't a place to have an argument with a cop over a loaded firearm. Save that for the courtroom if required.
This is a very slim chance of occurring though.
That being said, if your gun is loose in the car, they may take possession of it. You may encounter that one cop that thinks he needs to take control of it.
If this should happen let them take the weapon the side of the road isn't a place to have an argument with a cop over a loaded firearm. Save that for the courtroom if required.
This is a very slim chance of occurring though.
BigSlick
New member
I disagree. You have the right to know why you were stopped, if you are being detained and/or why you are being detained. You have the right to refuse a vehicle search if so inclined but do it with some respect and as someone else stated be sure you are in front of the dashcam. As for me, I will be respectful but firm in protecting my rights. Tens of thousands of Americans serving in the military fought and died defending this country and our right to be free and I'm not going to piss on their graves. If the cop doesn't respect my rights then he can arrest me and I will file charges for unlawful arrest. My rights are non negotiable.
ljnowell
New member
You are right about all those things. However, as I said above, the side if the road is no place to argue about a loaded firearm with an LEO.
Deanimator
New member
I would never touch it myself, no matter what the cop said. If he wants it, he can get it himself. Cops have fertile imaginations, sometimes involving "furtive movements" by innocent citizens.
Rocketgeezer
New member
Not sure how to answer, not being there, but generaly LEOs do not ask for your weapon they may ask where it is if they do not see it, but thats usualy it, but still DO NOT even make any sort of movement that may be seen as threatening, if you did nothing wrong you go on your way, unless your unfortunate and run into officer of the month, and then all bets are off
I got pulled over by a sheriff's deputy for not wearing a seatbelt last Tuesday. My excuse: It is only 1.5 miles from the supermarket to my house, oh well.
I gave the officer my drivers license and CWP as required. He asked if I was currently carrying and where the gun was and I told him my right front pocket. He said OK then went and wrote me a ticket.
I gave the officer my drivers license and CWP as required. He asked if I was currently carrying and where the gun was and I told him my right front pocket. He said OK then went and wrote me a ticket.
Thank you...in Illinois we are not required to inform either. Apparently they can tell by your tags if you have a CCL; course you may be a passenger in someone else's vehicle and they would not have a clue. On the other side of the coin, I suppose they would assume my wife was carrying if she were driving my car (which she normally does).
longslide10
New member
Your'e right, don't discuss your rights--like Firefighterchen says you exercise them.
Gladly read the numbers for them?!? Why would you even consent to ANY search, let alone provide aid to the officer who wants to conduct the search, especially a search with absolutely no reasonable suspicion behind it?
I would leave it at "if they ask I tell them where it is". I am not going to offer to proceed in any manner, if they want me to do something, they can tell me what they want me to do. I have never had any mention of a firearm made by myself or an officer during a traffic stop, so it has never been an issue for me.
apvbguy
New member
you can try to exercise thee rights you're supposed to have but if the cop is intent on violating your rights the roadside traffic stop is not the place to argue with an inept cop about what he can and cannot do.
IMHO it is wiser and safer to comply during the stop and attack the violations later
