Getting Pulled over w/ Gun in car

[CathyInBlue]

But, it requires a Reasonable, Articulable Basis for Consern for Officer Safety. That is defined in the code. "Officer Safety" is not a magic phrase they utter in order to make their disarmament of you automaticly legal.

 

[Ltrain]

I thought I saw a thread that said everytime they stop you the LEO runs your name it comes up if you have a permit. So they will know you have one and chances are you will have a firearm. Why not tell to keep the situation from escalating?

 

[Hammerhead]

You're not asking the right question.

The question you should be asking is, "What have courts ruled?" and they have ruled that it is reasonable that a LEO disarm you for "officer safety" if he wants to, ask you to exit your vehicle, etc. I think it's total

but it is what it is.

Actually, no. The courts have ruled that "officer safety" is only valid if there is a real threat. The law says that they must be able to go infront of a judge and articulate that threat. The courts have ruled that if you're out of your vehicle and separated from your firearms, there is no articulatable threat (Washington v. State). They have also ruled that once you've presented your valid (verified) LTCH, that the discussion into firearms is over (State v. Richardson). Terry v. Ohio also says that you must be armed AND dangerous, AND have been, will be or are committing a crime for the pat down for weapons and/or disarmament.

You can be asked to exit your vehicle at any time by the officer and you should comply. If you are, and have not already disclosed that you are armed, it might be a good idea to inform. However, it is still not required.

How a stop is handled and should be handled depends on the officer and his mood, not to mention his knowledge of the law. You can help by being knowledgable of the law and your rights.

You do not have to inform. You should not resist if you are disarmed. You should have some way of recording the audio or video of the encounter. You should be polite but do not have to be submissive.

IANAL, TINLA

 

[Compuvette]

Just a hypothetical, but I've been curious about this. What is the procedure for dealing with a traffic stop when you have LTCH & have gun in car, or on your person? I was told at a gun class you shouldn't have your LTCH in view to your driver license. This could cause a standard stop to be escalated if they see you have a permit. Do you wait to say anything until asked? I'm guessing you would want to tell the cop there is a gun in the glove box before opening it to remove registration....

I know I'm probably breaking some INGO code some where, but I inform the officer I have a firearm and a LTCH. It's never been an issue, plus I don't get pulled over that often. Most of the locals know I carry anyway as I have shot with them.

 

[bigtex]

I definitely display the license and announce the location.

 

[jsharmon7]

I normally wave my gun out the window at the approaching officer and yell "I've got a gun!!!!"


I've never actually been pulled over...

 

[Spike_351]

I usually lay my LTCH on the top of my DL when I hand it to them, they usually figure it out pretty quick. I have had quite a few thank me for informing over the years, and Usually dont wind up disarmed.

 

[Roadie]

I definitely display the license and announce the location.

It's a little different in Tejas, you must Inform by law there.. In Indiana, you do not have to do so..

 

[WestSider]

The best way to avoid this is to not do things to get pulled over in the first place.

 

[7.62asprin]

Don't ask, don't tell.

 

[Frank_N_Stein]

The best way to avoid this is to not do things to get pulled over in the first place.

I made a comment like that a while back and was accused of being narrow-minded. Be grateful that you can't be negative repped like I was.