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Competition, Tactics & Training
Self Defense & Handgun Carry
LEO asked me to remove my gun and leave it in car during traffic stop
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<blockquote data-quote="Iwant1" data-source="post: 1130771" data-attributes="member: 2905"><p>Alright I'm getting different answers from everyone about this situation that happened to me the other day. I was stopped by OHP doing 5 MPH over speed limit and I had a tag light out. He came up to passenger side window and I gave him my insur. license, and SDA Card. He asked my if I had the gun and where, I said strong side IWB. He asked me to "remove the weapon and come back to my car with me." I was sorta dumbfounded and hesitated and said you want me to remove it? he said yes remove the weapon and come back to my car. I did so and so went the traffic stop.</p><p>I thought this was strange since I've never been asked back to the car and even more strange that he asked me to remove my weapon. After talking with a Conceal Carry instructor friend of mine he said that the LEO is not authorized to do this per</p><p>TITLE 21 § 1290.8.</p><p>E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.</p><p></p><p>I then went to a OKC Police friend of mine and told him the scenario. He said that during a traffic stop, I'm techinically being detained and he can ask me to his car. He can also then insure his safety by removing my weapon. MY instructor friend disagrees and says that I committed a traffic violation, not a crime which is what the last part of the that section states.</p><p></p><p>I would like to hear from you guys.</p></blockquote><p></p>
[QUOTE="Iwant1, post: 1130771, member: 2905"] Alright I'm getting different answers from everyone about this situation that happened to me the other day. I was stopped by OHP doing 5 MPH over speed limit and I had a tag light out. He came up to passenger side window and I gave him my insur. license, and SDA Card. He asked my if I had the gun and where, I said strong side IWB. He asked me to "remove the weapon and come back to my car with me." I was sorta dumbfounded and hesitated and said you want me to remove it? he said yes remove the weapon and come back to my car. I did so and so went the traffic stop. I thought this was strange since I've never been asked back to the car and even more strange that he asked me to remove my weapon. After talking with a Conceal Carry instructor friend of mine he said that the LEO is not authorized to do this per TITLE 21 § 1290.8. E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed. I then went to a OKC Police friend of mine and told him the scenario. He said that during a traffic stop, I'm techinically being detained and he can ask me to his car. He can also then insure his safety by removing my weapon. MY instructor friend disagrees and says that I committed a traffic violation, not a crime which is what the last part of the that section states. I would like to hear from you guys. [/QUOTE]
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LEO asked me to remove my gun and leave it in car during traffic stop
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