+1, AND your thread title is misleading as well, your gun was not removed by the LEO....
LEO asked me to remove my gun and leave it in car during traffic stop
- Thread starter Iwant1
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+1, AND your thread title is misleading as well, your gun was not removed by the LEO....
The SDA doesn't authorize disarming for inspection purposes, but more importantly it doesn't prohibit disarming for other reasons.
There is plenty of other precedent that overides the SDA in this area.
There is plenty of other precedent that overides the SDA in this area.
He got his person away from you, while you were removing your carry gun, as well as later putting it back on. Not a bad idea, from his perspective. Looks to me as if the officer made a request of you, to enhance his officer safety; nothing more.
The stepping out of your vehicle thing is a whole other issue, unrelated to this one.
The stepping out of your vehicle thing is a whole other issue, unrelated to this one.
That's just the way OHP does their traffic stops. Since the beginning of time, they've always seated the violator in the front seat with them. Why, I do not know.
I for one, want the person OUT of their car...I don't know what they have in there that might hurt me.
However, there's no way in hell I want them IN mine. I DO know what's in there that could possible hurt me.
I do my bizness on the side of the road, over on the right side of the cars, away from traffic.
But every longarm does it differently.
That section really has nothing to do with an officer asking you to disarm. He did not inspect your firearm, simply asked you to remove it for his safety. The SDA does not prohibit this (it does not specifically allow it either, but that's beside the point). Also, if you press the issue, you may find yourself worse off - probably cause is relatively easy to cite! Just comply, and if you have a problem with it, address it with the officer's supervisor after the fact.
That's just the way OHP does their traffic stops. Since the beginning of time, they've always seated the violator in the front seat with them. Why, I do not know.
I for one, want the person OUT of their car...I don't know what they have in there that might hurt me.
However, there's no way in hell I want them IN mine. I DO know what's in there that could possible hurt me.
I do my bizness on the side of the road, over on the right side of the cars, away from traffic.
But every longarm does it differently.
We all are afraid of what is in your car...
I hope I never have to see you doing your bizness beside the road...
Different agencies, as well as given officers within then, can be very different in how they handle traffic stops. Some feel it is safer to get the contacted individual out of the car; others vehemently insist that you stay in the car. It all depends.
Various things likely come into their policy creation. Is it safe to take care of business on the RH side of the road? In most of the less populated states it is, at least some of the time. Does the officer want to get the 80 year old granny out of the car in a rainstorm? Likely not. It is easier for a suspect to attempt to flee, if out of the car. A foot chase can become dangerous for the officer.
The long and the short of it is: it depends. When stopped, just go with what the officer asks you to do.
Various things likely come into their policy creation. Is it safe to take care of business on the RH side of the road? In most of the less populated states it is, at least some of the time. Does the officer want to get the 80 year old granny out of the car in a rainstorm? Likely not. It is easier for a suspect to attempt to flee, if out of the car. A foot chase can become dangerous for the officer.
The long and the short of it is: it depends. When stopped, just go with what the officer asks you to do.
I assume he meant to remove the gun AND LEAVE IT IN YOUR CAR? Would not have been funny if you would have removed it and carried it back with you, huh?
BC
I dont see a problem IMO. I would have complied just the same. Then I would have pestered him/her for their various opinions about SDA..LOL
Why not? Might gain some insight one way or another.
Why not? Might gain some insight one way or another.
I prefer to keep people inside their cars during traffic stops. When presented with the SDA cards I ask where the weapon is and ask that it be left there. I fail to see a situation that I would ask someone to do anything with a firearm while I am conducting business.
I just do things differently than the troopers, this comes from training and experience. I do not have people sit in my car next to me, or handle their firearms while conducting traffic stops or any other type of contact that I may have with them.
With that said, I have removed several weapons from people that I have came into contact with during the course of various types of calls.
I just do things differently than the troopers, this comes from training and experience. I do not have people sit in my car next to me, or handle their firearms while conducting traffic stops or any other type of contact that I may have with them.
With that said, I have removed several weapons from people that I have came into contact with during the course of various types of calls.
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