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Competition, Tactics & Training
Self Defense & Handgun Carry
Hey LEOs, share your OC experiences while on duty
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<blockquote data-quote="hrdware" data-source="post: 1983369" data-attributes="member: 24475"><p>What the law says and how different agencies interpret it are completely different things.</p><p></p><p>The law does say that an officer may ask to see your permit if you are open carry. It does not require they do so, and many agencies are not asking for it if they have not been called out, or if you aren't acting suspicious. Agencies see this as a potential for complaints and possibly 4A lawsuits.</p><p></p><p>As far as disarming you, the only thing the law says is that they can not inspect your firearm with reasonable suspicion of a crime. This was meant to mean reasonable suspicion that the firearm was used in a crime, but that's not exactly how it is worded.</p><p></p><p>Even here on OSA different LEO's with different agencies have different opinions on what they are allowed to do. From reading some posts, it seems that during a traffic stop, some agencies allow officers to disarm someone for "officer safety" after they have notified the officer they have a firearm. Other agencies say the possession of the firearm and notification of said firearm puts it outside the scope of the initial stop and therefore you can't do anything with it.</p><p></p><p>Personally I would never unholster my firearm to give it to an officer. I don't need the partner that can't hear the conversation shoot me because he thinks I am going for my firearm. I would A) assure the officer that my holstered firearm has never caused harm to anyone, and B) if the officer persisted, I would not consent to, but would not resist their attempt to disarm me themselves.</p></blockquote><p></p>
[QUOTE="hrdware, post: 1983369, member: 24475"] What the law says and how different agencies interpret it are completely different things. The law does say that an officer may ask to see your permit if you are open carry. It does not require they do so, and many agencies are not asking for it if they have not been called out, or if you aren't acting suspicious. Agencies see this as a potential for complaints and possibly 4A lawsuits. As far as disarming you, the only thing the law says is that they can not inspect your firearm with reasonable suspicion of a crime. This was meant to mean reasonable suspicion that the firearm was used in a crime, but that's not exactly how it is worded. Even here on OSA different LEO's with different agencies have different opinions on what they are allowed to do. From reading some posts, it seems that during a traffic stop, some agencies allow officers to disarm someone for "officer safety" after they have notified the officer they have a firearm. Other agencies say the possession of the firearm and notification of said firearm puts it outside the scope of the initial stop and therefore you can't do anything with it. Personally I would never unholster my firearm to give it to an officer. I don't need the partner that can't hear the conversation shoot me because he thinks I am going for my firearm. I would A) assure the officer that my holstered firearm has never caused harm to anyone, and B) if the officer persisted, I would not consent to, but would not resist their attempt to disarm me themselves. [/QUOTE]
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