LEO asked me to remove my gun and leave it in car during traffic stop

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Iwant1

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Alright I'm getting different answers from everyone about this situation that happened to me the other day. I was stopped by OHP doing 5 MPH over speed limit and I had a tag light out. He came up to passenger side window and I gave him my insur. license, and SDA Card. He asked my if I had the gun and where, I said strong side IWB. He asked me to "remove the weapon and come back to my car with me." I was sorta dumbfounded and hesitated and said you want me to remove it? he said yes remove the weapon and come back to my car. I did so and so went the traffic stop.
I thought this was strange since I've never been asked back to the car and even more strange that he asked me to remove my weapon. After talking with a Conceal Carry instructor friend of mine he said that the LEO is not authorized to do this per
TITLE 21 § 1290.8.
E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

I then went to a OKC Police friend of mine and told him the scenario. He said that during a traffic stop, I'm techinically being detained and he can ask me to his car. He can also then insure his safety by removing my weapon. MY instructor friend disagrees and says that I committed a traffic violation, not a crime which is what the last part of the that section states.

I would like to hear from you guys.
 

Rod Snell

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Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

In what way did the officer inspect, possess, or touch your gun?

Or did he just ask you to leave it in your vehicle and not bring it into his?
 

Glock 'em down

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Yes, a minor traffic infraction IS indeed a crime. I mean, would the Trooper give you a bouquet of flowers for speeding? Or a ticket?

So yes, you DID comit a crime. He had every right to disarm you while he was conducting business. Officer safety.

I expect several on here to disagree with me, of course. :rolleyes2
 

Shoot Summ

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I got stopped in December by an OHP on the Muskogee turnpike. Same scenario, he asked me where it was, I told him, he asked me to remove it and come to his car. I did, no issues, no problems.

Not sure why you were dumbfounded, I gladly complied with his request, I didn't really think I needed my weapon when I was in his car....
 

Iwant1

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Well it was a little awkward thats all. This SDA Instructor states I should have asked to remain in my own vehicle. I disagree with this Instructor, I'm just telling you hat he said.

No he did not Examine "Inspect" my weapon, just watched me remove it.
 

watchcollector1968

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Probably no big deal. I got pulled over once years ago before the SDA was ever passed. The Trooper asked me back to his car. I dont think that is a new thing.

As for removing your weapon, no biggie. He did not take it...and he did not have you get out and put your hands on the car while he took it off you...sounds like he just took a minor precaution (right or wrong) and probably not worth your effort to give it any more thought.
 

Iwant1

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Just FYI I have and had no problem with complying. The officer was nice, I think it's a great idea and would if I were an officer, because there's alot of advantages to it. However, I wanted to see what everyone thought about it.
 

marvinvwinkle

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I believe he did the right thing if he asked you to come to his car. If you feel he did wrong you do have the right to file a complaint with the DPS. I wouldn't be upset unless he stuck a gun in your ear.
 

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