Question for the LE

[BadgeBunny]

You guys are missing the real question here. Why is your windshield cracked and when are you gonna get it fixed?? If you don't like interacting with the police, I'd suggest doing what you can to minimize the chances for interaction to occur, up to and including, following the letter of the law.

Let the burning at the stake, in absentia, continue ...

 

[AKguy1985]

You guys are missing the real question here. Why is your windshield cracked and when are you gonna get it fixed?? If you don't like interacting with the police, I'd suggest doing what you can to minimize the chances for interaction to occur, up to and including, following the letter of the law.

Let the burning at the stake, in absentia, continue ...

1. I bought it with a cracked windshield, wasn't my fault.

2. When I come up with $150 to get a new one.


Ok i'm done now. I shouldnt have posted this thread. Figures

 

[okiebryan]

Its been awhile, and i'm sure i've read it on here before but in the event of a traffic stop can an officer reach into your holster, grab your gun and disarm you? Then just casually toss your gun into your car seat.

I'll just leave this here.

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. Any violation of the provisions of this subsection may be punishable as a criminal offense as authorized by Section 1272 of this title or pursuant to any other applicable provision of law. In addition to any criminal prosecution which may result from not carrying the handgun license and the required identification with the authorized pistol as required by the provisions of this subsection, the person may be subject to an administrative fine for violation of the provisions of this subsection. The administrative fine shall be Fifty Dollars ($50.00) and shall be assessed by the Oklahoma State Bureau of Investigation after a hearing and determination that the licensee is in violation of the provisions of this subsection. Any second or subsequent violation of the provisions of this subsection shall be grounds for the Bureau to suspend the handgun license for a period of six (6) months, in addition to any other penalty imposed.

 

[piston10]

I'll just leave this here.

So by law he should not have been disarmed?

 

[BadgeBunny]

I believe it has been widely held that moving violations can be articulated to be "criminal activity". And for those of you about to ask, no, I am not going to do the homework for you. OSCN is simply a google away. Shepardize all you want. There is a TON of case law out there ... Have fun.

 

[BadgeBunny]

Well, saturday afternoon I got stopped for a crakced windshield by an OHP K9 officer. I informed him I was carrying and he asked where my gun was. I told him 4 o'clock on my belt. He asked me to step out of the car and to turn around. I thought i was gonna get handcuffed but he lifted up my shirt, unholstered my gun and casually tossed it into my drivers side seat. Then had me go sit in his tahoe. All that for a warning.

I'll just leave this here.

Originally Posted by O.S. TITLE 21 § 1290.8. 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. Any violation of the provisions of this subsection may be punishable as a criminal offense as authorized by Section 1272 of this title or pursuant to any other applicable provision of law. In addition to any criminal prosecution which may result from not carrying the handgun license and the required identification with the authorized pistol as required by the provisions of this subsection, the person may be subject to an administrative fine for violation of the provisions of this subsection. The administrative fine shall be Fifty Dollars ($50.00) and shall be assessed by the Oklahoma State Bureau of Investigation after a hearing and determination that the licensee is in violation of the provisions of this subsection. Any second or subsequent violation of the provisions of this subsection shall be grounds for the Bureau to suspend the handgun license for a period of six (6) months, in addition to any other penalty imposed.

I wasn't gonna point this out but decided it was important to the discussion. AKGuy's post indicates, though doesn't explicitedly state, that he was carrying concealed. Your bolded text pertains to UNCONCEALED carry, although your point is understood as IIRC there is similar, if not exact language present in the law pertaining to conceal carry. And, standing on it's own in this discussion, would lead a layperson to the wrong legal conclusion.

 

[Capm_Spaulding]

I don't blame the officer, look at it from his perspective. He doesn't know you, and while you did up front tell him you were carrying, again he doesn't know you. He wasn't butthurt or he would've given you a ticket. It was careless of him to toss it in there but if it would have gone off, it would have been the state paying for the damage. The legality of him disarming you, honestly doesn't matter. It's not right but it is what it is when he has the badge and you don't. Take it up with the DA if you don't like it but personally, I would just be glad I didn't get a ticket and go on about getting my windshield fixed.

 

[Shadowrider]

"The side of the road is no place for a confrontation. If you think you have been (or are about to be) wronged, constitutionally speaking, ask the officer to call his supervisor; otherwise, shut up and comply; get badge numbers and names and contact your attorney in the morning. Otherwise, it's gonna be a long, long night for you and things are gonna probably not go all that well in court, either. If you didn't/don't want to deal with the police, then you should not do/have done XY or Z ... It's really pretty simple, actually. Because the law says they can search/disarm you if they can articulate a reason to and most cops are pretty articulate."

Some folks just don't "get" this concept. (Not directed at anyone, just a general observation)

 

[Traxxis]

I'm with BB.

My only issue is that by leaving the firearm in the vehicle (which was presumably unlocked), the firearm is not secure. Otherwise, it is normal protocol and I wouldn't get too worked up about it. You did right by letting him know where it was and answering his questions.

 

[twoguns?]

wELL, JUST BE GLAD YOU WERENT HELPING SOMEONE MOVE A COFFEE TABLE....