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Competition, Tactics & Training
Self Defense & Handgun Carry
Legality of frisk/disarmed during traffic stop.
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<blockquote data-quote="Jack T." data-source="post: 1944885" data-attributes="member: 412"><p>Man stopped for speeding. Informed officer of possessing a CCW permit and of being in possession of firearm. Officer asked man to exit vehicle and place his hands on the truck. Man is frisked and his firearm and pocket knife are removed.</p><p></p><p>In light of TITLE 21 § 1290.8 sections B and E, is this *legal*. I'm not concerned about "well, I think what he did was fine". . .I'm asking if it is *legal*, and if so, on what basis.</p><p></p><p>[CODE]TITLE 21 § 1290.8 Section B:</p><p></p><p>The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma </p><p>driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol. </p><p>The person shall display the handgun license on demand of a law enforcement officer; provided, however, that </p><p>in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an </p><p>unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid </p><p>handgun license in response to that demand</p><p></p><p></p><p>[/CODE]</p><p></p><p>[CODE]TITLE 21 § 1290.8 Section E:</p><p></p><p>Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly </p><p>concealed or unconcealed without probable cause that a crime has been committed.</p><p>[/CODE]</p></blockquote><p></p>
[QUOTE="Jack T., post: 1944885, member: 412"] Man stopped for speeding. Informed officer of possessing a CCW permit and of being in possession of firearm. Officer asked man to exit vehicle and place his hands on the truck. Man is frisked and his firearm and pocket knife are removed. In light of TITLE 21 § 1290.8 sections B and E, is this *legal*. I'm not concerned about "well, I think what he did was fine". . .I'm asking if it is *legal*, and if so, on what basis. [CODE]TITLE 21 § 1290.8 Section B: The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol. The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand [/CODE] [CODE]TITLE 21 § 1290.8 Section E: Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed. [/CODE] [/QUOTE]
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