CCW & Surrendering your weapon.?

[deerwhacker444]

Been pulled over a couple of times, told the officer I'm carrying, he asks where's it at, I tell him, no problems.

Question arises because my Ma is taking CCW and asked about this. This is particularly relevant because there's a Yahoo in my county driving around and posing as a police office.

I don't know if OK law enforcement would ever ask people to surrender their weapons during the stop, but if they do, are citizens legally obligated to surrender arms?

I'm of the opinion that one should never surrender their weapon since the person might not actually be an officer of the law. Chances are low and most people would be able to tell the difference, but some older folks like my Ma are scammed easily and might fall prey, people have been conned many times by fakes with a badge and a light bar.

This is a slippery slope, disobey and go to lockup. Obey and give your gun to a possible criminal.

What are the legalities of what LEO's can/will do and how does one stay on the right side of the law.?

Any LEO care to comment.?

 

[tRidiot]

I believe in the newest iteration of the law, you cannot be disarmed unless you are suspected of an actual crime... I'd have to go look that up, so don't quote me on it. But it came about with the whole question of when to notify - at "first contact" or "first opportunity". The changed the law to clarify. But I seem to remember a stipulation that you could not be disarmed without a specific cause. Anyone else wanna chime in? I don't have time at this moment to look up the relevant section.

 

[SMS]

Do a thread search using "disarmed during traffic stop" "Terry" etc...it's been discussed a lot.

 

[deerwhacker444]

Thx Gents.!

 

[KOPBET]

Could be worse, in Texas they do roadside cavity searches.

 

[toehanus]

Could be worse, in Texas they do roadside cavity searches.

For this, always have some fast acting laxative handy.

 

[WNM]

About 4 years ago I was disarmed by OHP during a traffic stop. Out of the truck hands on the hood, and I swear everyone I knew drove by.

 

[Fyrtwuck]

About 4 years ago I was disarmed by OHP during a traffic stop. Out of the truck hands on the hood, and I swear everyone I knew drove by.

That's what you get for being so popular.

 

[tRidiot]

About 4 years ago I was disarmed by OHP during a traffic stop. Out of the truck hands on the hood, and I swear everyone I knew drove by.

WTF??? Oh man... what was THAT all about?



Ok, I seriously need to take some time to do the research on this one. I might have time tomorrow or Sat to look it up. 'Cause that one right there would really stick in my craw, and if it were for nothing more than being a permit-holder, we'd have a problem. I say this because there have been a few people on this board who have brought up a traffic stop where the officer they dealt with was a real... well, let's just say wasn't real nice when they found out they had a permit. I can't fathom that, personally. I mean, you see someone has a permit, you automatically KNOW they're not a convicted felon, right? Right??? But people have said the officer took their gun for the duration of the traffic stop, etc. 99% of the officers I've ever dealt with were cool about it... but we happen to have one State Representative I know of who is an ex-OHP officer who fought very hard against open carry and joined in the whole "blood in the streets" rhetoric. Absolutely shameful, I thought he was a good guy, but he turned out to be just another paul-union-sam-sam-young who thinks we sheeple shouldn't be as "special" as our hired law enforcement officers.

Anyways, I digress. I would have thought someone here knew this off the top of their head.

 

[SMS]

Nobody knows it off the top of their head because the SDA verbiage conflicts with standing precedence (Terry etc...) that upholds an officer's discretion to disarm for officer safety during a detention. Which makes it a gray area free from absolutes.

It probably happens so infrequently that it's never bubbled to the surface.

As for WNM being jacked up with hands on the hood? Smart call there...he's a shady sumbitch. I'da had him at gunpoint.