CCW & Surrendering your weapon.?

[Catt57]

Failure #1 - Whomever sold the gun to the store did not clear it.
#2 - whomever put the gun in the display case did not clear it.
#3 - the clerk did not clear it when he took it out of the display case.
#4 - the officer did not clear it when it was handed to him.
#5 - the officer placed his hand over the muzzle
#6 - the officer did not point it in a safe direction and is lucky the nearby customer was not hit.

I'm just floored at the collection of errors shown in that video.

 

[dennishoddy]

How difficult is it for a LEO to come up with a "probable cause " excuse if they really want to.

Bottom line right there.

 

[gerhard1]

Doesn't matter if we come to agreement here. In the courts, there is little black and white...and in this murky subject there is plenty of precedence supporting "officer safety". Enough precedence that I'm comfortable handing over my firearm especially since I'm the one who put myself in the situation in the first place (I've never been pulled over without earning it LOL). If you choose to go another direction, you'll roll the dice with a subjective chain of humans from the LEO, to the D.A., to the judge(s), and/or jury.

I have been. I was cited for speeding once in Wichita and I know--absolutely positively know--I wasn't. Fortunately nothing came of it as, for some reason, the ticket was never filed with the court (my lawyer checked) and I haven't heard anything about it after more than ten years.

This was the only time that it ever happened to me. Every other time I've been stopped, I did the deed. But this one time, they stopped an innocent man.

 

[jhat]

Yeah, I'm not comfortable handing my weapon to an Officer. I work with them, and not all are qualified to handle a firearm. I think the more the firearm is handled (especially if the officer is not versed in the manual of arms for that particular weapon), the more opportunity to have an ND, or misunderstanding. I know several who have had ND's, or don't know how to clear a 1911. Wording has changed a bit, but I believe the previous SDA book stated verbatim that the firearm was not to be confiscated unless a crime other than the traffic stop (detainment) was committed. If officer safety is a concern, it's best to keep it put away, lest something like this happen.

I don't like the thought of grabbing a loaded weapon in the presence of a cop either. Gives them a great excuse to shoot you. I say refuse to turn it over, demand a supervisor, and hope the unit has a camera. I keep a copy of 21 OS section 1290.8 (B)(E) in my car. If I'm in compliance with the law the cop will have to use force to get my pistol. Fight for your rights or lose them.

 

[SMS]

I don't like the thought of grabbing a loaded weapon in the presence of a cop either. Gives them a great excuse to shoot you. I say refuse to turn it over, demand a supervisor, and hope the unit has a camera. I keep a copy of 21 OS section 1290.8 (B)(E) in my car. If I'm in compliance with the law the cop will have to use force to get my pistol. Fight for your rights or lose them.

Ok. Do that, and document the results please. Seriously. If someone wants to take that stance, I'm all for it. You first though. LOL. Give us a good AAR.

 

[tRidiot]

I have been. I was cited for speeding once in Wichita and I know--absolutely positively know--I wasn't. Fortunately nothing came of it as, for some reason, the ticket was never filed with the court (my lawyer checked) and I haven't heard anything about it after more than ten years.

This was the only time that it ever happened to me. Every other time I've been stopped, I did the deed. But this one time, they stopped an innocent man.

I also know of one time I was pulled over for nothing. Actually, two, now that I think about it.

Once was in the middle of the night in Wilburton, coming home from college. Officer said I touched/crossed the yellow line in the center of the road. I know this was BS, but there was no point in arguing it. I have no doubt there was no camera in use, and he simply checked my license and ins and sent me on my way. Again, a total fishing expedition looking for something that felt "off" and see if he got a DUI, possession bust, or a simple ticket for not having things in order. I don't have a real problem with it, I know simple little stops sometimes reveal much larger crimes. It was just annoying because I know he made it up to generate the stop and there is/was no way to prove or disprove it, it's simply his word against mine.

Second time, I got pulled over coming into Panama, OK and the officer checked my license/ins and told me they thought I was somebody else that they were looking for. No big deal, appropriate stop (I suppose) based on - maybe a vehicle description? I dunno. But I was pulled over for doing absolutely nothing wrong or incorrectly. Again, no big deal. But if I had been checked and then pulled out of the car and disarmed, I would have been irritated, as they would have known by that point I was not the person they were looking for (due to me having presented my SDA and driver's license) and I should have been released.

 

[jhat]

Ok. Do that, and document the results please. Seriously. If someone wants to take that stance, I'm all for it. You first though. LOL. Give us a good AAR.

There are rams and then there are sheep who bend over and take it. I defend people for a living so I have no problem taking on the police who violate peoples rights. I do it every week. I would have an army of defense attorney friends who would love to join the game just to play. For no fee of course!

 

[SMS]

Go be a ram then, and report back. Until then you're just talking smack...lol

 

[uncle money bags]

Sms, i think he is talking about acting as legal counsel for someone who finds themselves in that situation. I also believe he just offered his services at no charge, along with an army of defense attorneys. Can i get your contact info Jhat?

 

[SMS]

Nah, a couple posts up he said he'd make a cop take his gun by force, then he'd fall back on free legal counsel. Something most of us can't avail ourselves of.

We got us an Internet crusader....and the rest of us are sheep.