LEO asked me to remove my gun and leave it in car during traffic stop

[Keelty]

Yes, a minor traffic infraction IS indeed a crime. I mean, would the Trooper give you a bouquet of flowers for speeding? Or a ticket?

So yes, you DID comit a crime. He had every right to disarm you while he was conducting business. Officer safety.

I expect several on here to disagree with me, of course.

I agree with you because you are a JBT!!

Seriously though,

i would always do as they asked. I have committed a crime and I will comply as instructed. The sign on the highway is the limit, not the suggested point to go over the limit.

I have never got a ticket that i did not deserve. I'm just sayin

 

[reddog1]

Gosh... I should have been a Police Officer.... ugggg...


meow...

 

[cowmugger]

Maybe this is the angle. The patrol car is state property. Cars are dwellings. You can't carry in state buildings.

 

[LightningCrash]

Maybe this is the angle. The patrol car is state property. Cars are dwellings. You can't carry in state buildings.

Louisiana considers cars as dwellings. Because of that, you can carry whatever way you want inside your car there.

Oklahoma does not treat cars that way.

 

[angsniper]

I was stopped once (got a warning) the OHP officer asked me to leave the weapon in the car and come back to his car while he wrote the warning. I'm sure it was for his safety (although he was no safer since I had no ill intentions). No big deal. He never even saw the weapon, only asked that I leave it in the car.

 

[cowmugger]

Louisiana considers cars as dwellings. Because of that, you can carry whatever way you want inside your car there.

Oklahoma does not treat cars that way.

I proposed my angle on the situation based on this:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782
Title 21, chapter 53, Oklahoma Firearms Act of 1971, Section 1289.25 - Physical or Deadly Force Against Intruder

J. As used in this section:

1. "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people;

2. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and

3. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

 

[Martialartsblackbelt]

yea i would have felt like a trusted citizen that he aloud me to remove my firearm and trusted me to leave it in my car while I followed him to his.

 

[Glock 'em down]

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, 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.

If I have the guy out of the car and he runs, I ain't chasing him.

Instead, I'm calling a hook for his car and not releasing it to anybody but him. Then when he comes to get it, I'll have a nice pair of shiny braceletts waiting for him.

 

[cowboydoc]

The last (and only) time I was stopped by OHP, the officer had me get out of my car and come back to the patrol car by calling over the PA - he did not even come to my window. This was at night on HWY 75 near Glenpool. When I got to the passenger door I showed my license and CCW permit and informed him that I was carrying. He had me go back to my car and leave the weapon there.

It was not a big deal to me, but I was a little nervous with the whole "step out of the car" over the speakers and not being able to see very well due to the flashing lights.

The SDA does not authorize an officer to confiscate your weapon, run the serial number, etc, unless there is probable cause of a crime. However, during an encounter would not be the time to get mouthy and tell an officer "you can't do that" and end up in a pissing contest you won't win. Remain polite and compliant and if an officer is in the wrong, address it through their chain of command at a later time if necessary - not in the heat of the moment.

 

[reddog1]

If I have the guy out of the car and he runs, I ain't chasing him.

Instead, I'm calling a hook for his car and not releasing it to anybody but him. Then when he comes to get it, I'll have a nice pair of shiny braceletts waiting for him.

HA!... unless he just stole it... and it hasn't been reported. However, at least you would have retrieved the car!

+1 in my book