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  • Glock17 Man

    Plinker
    Rating - 100%
    1   0   0
    Oct 22, 2009
    63
    6
    N. Manchester
    Ok my wife came home today with her 1st speeding ticket and she deserved it so we will pay it. She had her glock 26 so she gave the cop her lifetime gun permit with all the stuff you give a cop then the cop asked her to get out of the car and put her hands on the car takes the gun off of her and unloads it gave her the ticket and then her gun back unloded but I don't think he should have disarmed her. I don't know what to do but it's not the 1st time she has been disarmed by a cop and I'm geting sick of the cops in my area.
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    He cannot disarm you without your permission. If you want to file a complaint, I'm pretty sure the ticket has his identifying details.
     

    jdhaines

    Master
    Rating - 100%
    4   0   0
    Feb 24, 2009
    1,550
    38
    Toledo, OH
    Someone should like the OP to the long thread where this was discussed at length including some opinions from local attorneys. It changed my behavior to not telling under any circumstances unless I'm asked out of the car for another reason. Well worth the long-read. If no one has linked it, I'll try to find it when I get some more time.
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    What are you basing this on? We have heard otherwise many times here from other cops.

    The law (or the lack of any explicit language stating one has to surrender their weapon in absence of a reason), many cite "officer safety" as reason enough, but one should be able to articulate why that is an issue to confiscate, even temporarily, a firearm. Most cite surrendering a weapon, at the direction of law enforcement, as a "lawful order," well, just b/c it come from the mouth of an officer doesnt make it a lawful order.

    If I'm at a traffic stop, and for whatever reason I ask for a person to surrender a weapon, and I'm not able to articulate why I made the request, I will call for backup and wait until the numbers are in my favor before carrying out the business of the stop.
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    He cannot disarm you without your permission. If you want to file a complaint, I'm pretty sure the ticket has his identifying details.

    The law (or the lack of any explicit language stating one has to surrender their weapon in absence of a reason), many cite "officer safety" as reason enough, but one should be able to articulate why that is an issue to confiscate, even temporarily, a firearm. Most cite surrendering a weapon, at the direction of law enforcement, as a "lawful order," well, just b/c it come from the mouth of an officer doesnt make it a lawful order.

    If I'm at a traffic stop, and for whatever reason I ask for a person to surrender a weapon, and I'm not able to articulate why I made the request, I will call for backup and wait until the numbers are in my favor before carrying out the business of the stop.
    HELL YEAH! I have waited for a cop to actually post this FOREVER! THANK YOU! (even though I do know we have officers here who wouldnt disarm us, this is the first time I recall ever seeing it stated like this that officers DO NOT have the authority to disarm us without reason!

    rep given! :patriot:
     

    irishfan

    Grandmaster
    Rating - 100%
    11   0   0
    Mar 30, 2009
    5,647
    38
    in your head
    The law (or the lack of any explicit language stating one has to surrender their weapon in absence of a reason), many cite "officer safety" as reason enough, but one should be able to articulate why that is an issue to confiscate, even temporarily, a firearm. Most cite surrendering a weapon, at the direction of law enforcement, as a "lawful order," well, just b/c it come from the mouth of an officer doesnt make it a lawful order.

    If I'm at a traffic stop, and for whatever reason I ask for a person to surrender a weapon, and I'm not able to articulate why I made the request, I will call for backup and wait until the numbers are in my favor before carrying out the business of the stop.

    You make an excellent point! However, there are plenty of officers who will not go by the guideline but there are plenty of others who won't disarm you as well.
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    You make an excellent point! However, there are plenty of officers who will not go by the guideline but there are plenty of others who won't disarm you as well.

    There are, "officer safety" gives a lot of room to work with. Bill/Rights and I were discussing the Washington v Indiana case where a cuffed individual sitting on the curb had his vehicle searched based on admitting he had a weapon in the car. Trust me, I'm all for officer safety 100%, but disarming a person in absence of a reason for doing so (and 50 in a 35 doesnt qualify) doesn't sit right with me.

    I related this to Bill, what if your passengers are armed, should they be disarmed as well? Well, you certainly can't detain them (they can open the door and walk away) so it goes without saying that they cannot be disarmed as well. What is the difference between the armed driver and the armed passenger, other than the traffic infraction?
     
    Last edited:

    IndyGunSafety

    Master
    Rating - 100%
    2   0   0
    Mar 11, 2009
    2,888
    38
    Fishers, IN
    HELL YEAH! I have waited for a cop to actually post this FOREVER! THANK YOU! (even though I do know we have officers here who wouldnt disarm us, this is the first time I recall ever seeing it stated like this that officers DO NOT have the authority to disarm us without reason!

    rep given! :patriot:

    There is Indiana case law on this... Washington v State. Quote from appellate court: "whether the warrantless search of Washington’s vehicle to find a handgun that Washington admitted he had and for which he possessed a valid permit, violated the Fourth Amendment when the officer lacked an articulable basis of concern for officer safety.
    We reverse."
     

    sigmachijc

    Plinker
    Rating - 100%
    1   0   0
    Feb 10, 2010
    59
    14
    Zionsville
    Same thing happened to me on the West Side of Indianapolis... told him i was carrying my glock 27 and told me to get out of the car, unloaded my weapon, and treated me like a criminal. I bought my lifetime permit before i even purchased a firearm.
     

    Rookie

    Grandmaster
    Rating - 100%
    14   0   0
    Sep 22, 2008
    18,155
    113
    Kokomo
    I'm really surprised and impressed that we have an officer on this forum who is willing to speak the truth even if it goes against the grain. Rep to you.

    Btw, I would avoid ask a cop at officer.com. they would crucify you.
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    8   0   0
    Mar 9, 2008
    47,970
    113
    Lafayette, Indiana
    She had her glock 26 so she gave the cop her lifetime gun permit with all the stuff you give a cop

    :rolleyes:

    You guys, gee whiz. If you don't want to have your pistol taken, waved around, pointed at traffic or back at you, stop telling cops you are carrying guns. Geez.

    "The cop took my gun, waved it all over Creation and then pointed it at me!"

    "Well, how did the cop know you had a gun?"

    "I gave him my LTCH with my driver's license like they said to in the Tommy Tactical SuperMallNinja Advanced Class in Texas."

    "Ummm, you ain't in Texas and don't be telling cops you have guns. Tell them nothing. Shut yer big bacon-stained yap. Don't tell him where you are going. Don't tell him where you've been. Don't ask him how he is. You shut up, unless it is time to say 'Am I free to leave?'"

    "I want him to know that I'm a good guy."

    "You don't want the cop to know anything about you. But if you tell the cop you've got a gun, all he knows is you have a gun, he will take it and will wave it all about the Earf."

    Shut up. Don't tell cops you carry guns. If you must do anything, then blow kisses at them. In summary, shut up or don't complain about having the guns waved around on the side of the road.
     

    serpicostraight

    Shooter
    Rating - 0%
    0   0   0
    Aug 14, 2009
    1,951
    36
    The law (or the lack of any explicit language stating one has to surrender their weapon in absence of a reason), many cite "officer safety" as reason enough, but one should be able to articulate why that is an issue to confiscate, even temporarily, a firearm. Most cite surrendering a weapon, at the direction of law enforcement, as a "lawful order," well, just b/c it come from the mouth of an officer doesnt make it a lawful order.

    If I'm at a traffic stop, and for whatever reason I ask for a person to surrender a weapon, and I'm not able to articulate why I made the request, I will call for backup and wait until the numbers are in my favor before carrying out the business of the stop.
    you keep posting like that and telling the truth and you are gonna become a fan favorite around here.
     

    Glock17 Man

    Plinker
    Rating - 100%
    1   0   0
    Oct 22, 2009
    63
    6
    N. Manchester
    Thanks everyone I think I'll call tomorrow and infom the police department of the officers actions and of the Indiana case law WASHINGTON, vs. STATE OF INDIANA No. 49A02-0907-CR-649 and hope that it doesn't happen again. I told my wife not to show her LTCH unless they ask, but they always ask. It either shows up when they run the plate or it's the ingo sticker.
     
    Last edited:

    patience0830

    .22 magician
    Site Supporter
    Rating - 96.6%
    28   1   0
    Nov 3, 2008
    17,594
    149
    Not far from the tree
    Uh Huh

    Thanks everyone I think I'll call tomorrow and infom the police department of the officers actions and of the Indiana case law WASHINGTON, vs. STATE OF INDIANA No. 49A02-0907-CR-649 and hope that it doesn't happen again. I told my wife not to show her LTCH unless they ask, but they always ask. It either shows up when they run the plate or it's the ingo sticker.


    Are you gonna tell wifey to slow down also? That should help make the issue moot.:laugh: You're treating the symptoms and not the root cause of the problem.
     
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