Traffic stop - trooper asked about guns

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  • rmcrob

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    Yesterday my wife got stopped on the East side of Indy for speeding. She drives fast all the time and has been stopped several times, but this is the first time in her life she actually got a ticket. She deserved it. Maybe that ticket will slow her down and save her life.

    Anyway, the salient point is that the first thing the trooper said when he approached her car was, "Do you have any guns in there?"

    She had her snubby in her purse. She reached for her purse to show the trooper, but he said he would look himself. He took the gun out of the zippered compartment inside her purse, removed the ammo, and kept it with him while he went to his vehicle to process the traffic stop.

    He brought her citation back to her and returned the gun, remarking that it is a very nice weapon, which it really is.

    My silly little wife was Facebooking the whole thing. She was posting posting from her Blackberry while the guy was running her information. She's a Facebook addict. All her friends thought she was in jail or something.

    My question is this: why did the trooper ask about guns before he even asked for ID and registration? Did he run the license plate and have some way of knowing that she is an LTCH holder?

    It doesn't really bother me in any way. If I were an LEO, I'd want to know, I guess. Just wondering.
     

    GlockRock

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    If it was a new troop out of the academy he's probably still doing what he was taught. After some time on the road, he'll loosen up. I was the same way for awhile after graduating the academy. They drill that stuff to recruits as being officer safety.
     

    RD3

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    When I picked upmy ky permit they told me it was linked to my vehicle info so if they run my plates they would know
     

    jedi

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    ^ This is correct to a certain point. The DMV database in which your driver's license info is in has a "note, indicator, field, etc." which shows that your name also has a "indiana handgun license". Not sure if teh DMV database has now cross-linked your driver's license with your car plates and thus all your cars (under you name) will also indicate that you have a hangun "permit" .
     

    MrsGungho

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    Any stickers on the back of her car that might indicate a gun owner? Such as an NRA sticker?
    I know when I had an NRA sticker I was asked every time I was pulled over if I had a weapon in the car. Since I have removed it, the only time they ask is if the hubby is in there too. :dunno:
     

    rmcrob

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    No stickers of any kind on the car. The last thing I would do is put any "This vehicle protected by S&W" kind of crap on the car. That's asking for trouble.

    My wife is a petite and perky 57-year-old redhead. She was dressed in her nursing scrubs, heading home from work. The car is not too old or too messed up. The plate is local, so it couldn't be seen as a traveler through town. There just don't seem to be the typical markers that would cause an LEO to ask about guns.

    I'm kind of thinking that he had to know we are LTCH holders.
     

    henktermaat

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    Glad to hear that she's ok, that the trooper didn't accidentally shoot her, drop, or damage her gun in any way.
     

    MuncieKat

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    What if you refuse to hand over your weapon? Or, to even answer the question. Please correct me if I'm wrong, but I don't believe a person with a LTCH is compelled to do either when simply pulled over for a traffic offense. I do not believe it is safe to routinely exchange loaded guns.

    Of course, you are probably guaranteed to get the traffic ticket if you don't fully cooperate, but obviously that didn't help in the situation described here.
     

    GlockRock

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    It could be possible that he knew she had a LTCH prior to approaching her, but probably not.
    I had no idea that there is a field in DMV Database that says if someone has a LTCH. I've been looking at peoples information for years now and have never seen it. I guess I'll have to start looking closer now.
     

    samot

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    Even if there is some way the lawdog knew she had a LTCH, why would he take the firearm out of her personal belongings esspecially if he knew she had a LTCH. Thats what the LTCH is, its a permit to carry it.
    I would be a little more leary of a rookie, trigger happy, cop with a LTK, than of a 57 yr old red head nurse with a legit LTCH permit. :twocents:
     

    R3ydium

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    Ive often wondered about this. I've never been pulled over with a weapon in the car actually, so I haven't had this issue yet.

    However, I once (probably 10 years ago) got stopped, and ended up being searched because a K-9 "indicated" on my trunk (I think they lied just to search me with "probable" cause) - anyways, I had an airsoft pistol that I used as a Paintball sidearm in the trunk with the rest of my gear, and they started to make a big deal about that because it looked so real. - Which is understandable, they have to be on the highest level of alert.

    So does everyone here hand their permit over with their license? and is it "legal" for an officer to take a weapon with him to his car? I mean, I don't really care, and I really need to do more research on the topic.
     

    R3ydium

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    What if you refuse to hand over your weapon? Or, to even answer the question. Please correct me if I'm wrong, but I don't believe a person with a LTCH is compelled to do either when simply pulled over for a traffic offense. I do not believe it is safe to routinely exchange loaded guns.

    Of course, you are probably guaranteed to get the traffic ticket if you don't fully cooperate, but obviously that didn't help in the situation described here.

    I wonder the same thing. I was under the impression the only thing an officer was legally able to do was inspect the gun permit.

    I admittedly don't know enough about this area. I am way more versed on ownership and carry laws, than I am officer and traffic laws.
     

    henktermaat

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    I would have to ask why. I'd be one question-asking annoyance. I'd ask if and how he knew, and what stature gave him the power to seize my property- etc.
     

    theweakerbrother

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    I've been pulled over 2 times by state troopers and both times they disarmed me. One had me walk backwards with my hands on my head, he reached in to MY pocket and removed my j-frame revolver. Had me sit in the patrol car and then he ran a NICS check. He said I was speeding, I am fairly certain I wasn't. No ticket issued. Pretty awkward Christmas that year! This was in Greensburg.

    Second was recently when I hopped in my dad's truck. Pulled over for not wearing a selt belt. Ironically, I wear my seat belt the vast majority of the time. State trooper pulled me over, complimented me on my beard and then when I responded with "Officer, I have a license for a concealed weapon & and a concealed weapon on my person... etc." he flipped emotions and told me to place my hands on the steering wheel (they already were). He asked for me to hand him my gun slowly. I took out the j-frame and he put it in the bed of my truck and came back to talk to us. He returned to his vehicle, unloaded my revolver and issued the passenger and myself a ticket. Then he placed my firearm behind the seat of my dad's truck and placed my ammo in the door panel and told me to load up down the street.

    They have a hard and under-appreciated job but I don't care to be treated like a criminal or an untrustworthy citizen. No prior arrests, one speeding ticket in my life (in Ohio, one seatbelt ticket Indiana).

    I've read threads where people say they tell the cops "no" if they want to disarm them but I'm not sure I want to go to jail over it. What does the law say? I don't want to be slapped with failure to comply or something vague. Does the Indiana gun law book cover this?

    Of course, my original modus operandi is to not get pulled over. :D
     

    samot

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    What if you refuse to hand over your weapon? Or, to even answer the question. Please correct me if I'm wrong, but I don't believe a person with a LTCH is compelled to do either when simply pulled over for a traffic offense. I do not believe it is safe to routinely exchange loaded guns.

    Of course, you are probably guaranteed to get the traffic ticket if you don't fully cooperate, but obviously that didn't help in the situation described here.

    Im going to say you would be eating pavement to say the least, once you are pulled over you ARE under arrest, you will do what the officer asks or you will find yourself in a WOS, resisting arrest is not takin very lightly, if an officer asks you to hand over your weapon & you refuse i can almost guarantee you will find yourself being forced to do so :twocents:
     

    alwalker84

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    As I posted HERE, I was pulled over last month and that was the first thing the LEO asked me too.

    Wierd as hell in my opinon. "hello, have any guns on you" The Heck!?!
     
    Last edited:

    GlockRock

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    I'll sometimes ask on a stop if there are any weapons in the vehicle, especially if I see a LTCH in a wallet while they are getting their license out. If I'm told there is a weapon I just ask them to keep it where it is and everything will be fine. I've not had a problem yet doing it that way.
     

    Eddie

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    If it was a new troop out of the academy he's probably still doing what he was taught. After some time on the road, he'll loosen up. I was the same way for awhile after graduating the academy. They drill that stuff to recruits as being officer safety.

    I would second this opinion.

    As far as having to turn the gun over I think that a lot of people willingly hand theirs over during a traffic stop in hopes of a avoiding a ticket. I'm pretty sure if you stand your ground and refuse to give up your weapon that they will find something, and possibly several somethings to write you for. Its a decision you would have to make based on all the circumstances at the time. You might feel a little more confident if there are lots of witnesses around, less so if there aren't.
     

    cce1302

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    would you hand them all over to the cop?

    I don't think that it's right for the cop to ask for any of them, but I don't think I'd give him all of them, either.
     

    R3ydium

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    What does the law say? I don't want to be slapped with failure to comply or something vague. Does the Indiana gun law book cover this?

    I'm not sure about the 2007 revision, but the blue copy (the 05 copy) doesn't really cover this.

    And I agree, they do have a hard job, but I have been treated like a thug on MANY occasions and that was without carrying. When I was young, I think the local cops pulled me over on purpose.

    I once had an officer reprimanded for his actions towards me, and I'm a pretty thick skinned guy.

    Oddly enough, the two times I SHOULD have been treated like a thug, the officers were very nice to me. . . . . :dunno:
     
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