I got pulled over can the cop go in my car take my gun?

[TheSpark]

I don't see how "officer safety" would allow them to nullify your rights and take your gun and especially grab it out of the car themselves. You would probably have a strong legal case against the officer and the department if this really happened. Even if you are pulled over for an infraction they can't start saying "give me your gun, and that bat, and your pocket knives, and that amazingly sharp pencil, and your lighter, and that pet rock of yours, etc."

 

[HoughMade]

Hey, OP- you're in NWI, so am I. What police agencies do this and where have you been when it happened?

 

[DragonGunner]

I don't see how "officer safety" would allow them to nullify your rights and take your gun and especially grab it out of the car themselves. You would probably have a strong legal case against the officer and the department if this really happened. Even if you are pulled over for an infraction they can't start saying "give me your gun, and that bat, and your pocket knives, and that amazingly sharp pencil, and your lighter, and that pet rock of yours, etc."

They can do it because the OP keeps giving them permission to do it.

 

[Kirk Freeman]

Every time I get pulled over I inform the officer that I have a license to carry and my carry gun is sitting next to me.
They immediately have me get out of the vehicle and go in my car with out my consent and take my gun ,run the numbers run everything then completely disassemble it and remove all the bullets from my mag and put it in my trunk or place parts in various locations in my car. This has happened 3 times now.

1. There is no requirement to inform the police that you are carrying a handgun(s).

2. There is no requirement that you carry your pistol in a holster, however it is a good idea not to leave it rolling around on the deck. Ask the FBI about how bad an idea that is, see e.g. Miami April 1986.

3. Once the police determine that you have a valid LTCH, case law reads that it is full stop on the police dicking around with the gun.

4. Is the poooo-leece snatching up the gun valid on the grounds of "officer safety"? Maybe, maybe not, however likely is before the officer determines that there is a valid LTCH AND depends on what the officer observes (driver is nervous, shifty, etc.). Just relax and smile, it's only an infraction, don't think of the gun and they won't either.

5. Police can have you exit the vehicle. If he says get out, get out. Relax if you have a valid LTCH then you have no problems.

 

[TheSpark]

1. There is no requirement to inform the police that you are carrying a handgun(s).

2. There is no requirement that you carry your pistol in a holster, however it is a good idea not to leave it rolling around on the deck. Ask the FBI about how bad an idea that is, see e.g. Miami April 1986.

3. Once the police determine that you have a valid LTCH, case law reads that it is full stop on the police dicking around with the gun.

4. Is the poooo-leece snatching up the gun valid on the grounds of "officer safety"? Maybe, maybe not, however likely is before the officer determines that there is a valid LTCH AND depends on what the officer observes (driver is nervous, shifty, etc.). Just relax and smile, it's only an infraction, don't think of the gun and they won't either.

5. Police can have you exit the vehicle. If he says get out, get out. Relax if you have a valid LTCH then you have no problems.

#3: I do not believe there is any law saying you have to provide your LTCH. Now if you are pulled over for an infraction they will be able to find out since you must provide a drivers license.

 

[LANShark42]

Well I'm a young guy driving a sports car so I'm kinda targeted by the cops I don't tell them I have a gun until they ask.

Been driving for 37 years. Had my fair share of traffic stops. NOT ONCE have I been asked if I had a gun in the car.

 

[HoughMade]

Been driving for 37 years. Had my fair share of traffic stops. NOT ONE have I been asked if I had a gun in the car.

Same here (26 years, though)....all over NWI for the past 18 years.

 

[Birds Away]

Just do what they say. Failure to follow his/her instructions will lead to you being arrested or, worse yet, shot. Failure by them to follow the law will result in...nothing at all.

 

[Dirtebiker]

3. Once the police determine that you have a valid LTCH, case law reads that it is full stop on the police dicking around with the gun.

Tell that to the trooper that grabbed my gun out of my holster and threw it on top of my van! AFTER informing him that I was legally carrying!
That was the LAST time I ever inform!

 

[CountryBoy19]

Have you ever tried to exit the vehicle with LEO right there. They do not like to loose control of any situation and you will be entering a no fly zone.
If he tells you to stay put....best you do that....tazing sucks.

Re-read the OP. He stated that he was removed from the vehicle and the officer proceeded to remove his gun from the seat AFTER being removed from the vehicle. He asked about the legality or how to handle it etc. I told him. According to case-law the officer did not have RAS to remove the gun. That is all...

 

[BurtGummer]

Well My buddy who got just got back from Afghanistan were driving around in his trans am and got pulled over for a license plate light being out and my friend wanted to get out and check but the officer told him to stay in the vehicle. My buddy informed the officer that he is in the Amy and just got back from Afghanistan. So the officer was asking if we had any weapons gun or explosive in the vehicle we said no and he asked well your in the army where is your rifle. He's said at base were it should be so the cop continued to harass us. When he left we checked the light and it was working? So for driving a sports car and not being targeted is b.s its mostly the rookie cops in my area that do this.

 

[LANShark42]

What is the world coming to? These boy scouts, out helping little old ladies across the street, and driving their grandmas to church, keep getting accosted by JBTs. Pitiful, I tell ya. Pi.ti.ful.

 

[MinuteManMike]

Wow. I'm really surprised to read this stuff on here.

You have to be a seriously naive fool to not know police harass people for no reason. And, no, driving a sports car, riding a sport bike, having long hair or whatever are not "good reasons".

 

[Sonney]

What is the cops name I may know him?

 

[VUPDblue]

Well I'm a young guy driving a sports car so I'm kinda targeted by the cops I don't tell them I have a gun until they ask.

Everyone keeps saying to change my driving habits. I have had my LTC for 4 years now and have been pulled over 3 times 2 times for no reason and once for speeding. I'll just buy a big ass truck so the cop will have to get a ladder to search it or see in lol

I'm sure that your traffic stops had nothing to do with the fact that you broke some sort of traffic law or ordinance. Yup, us cops see young people in nice cars and assume they are up to no good. That logic is so stupid and full of fail I just don't know what to say. Young folks in nice cars are not red-flag issues. Maybe you should stop inventing reasons to say you got stopped and just stop breaking traffic laws, which is probably the real reason you keep getting stopped.

 

[Mikeshep1462]

Forget it.

 

[92ThoStro]

You are right spark. The IC doesn't.require.that you show an LTCH to the cops.
But it does say if you fail to.do so you will be arrested and then .have to.show your LTCH to the prosecutor.

You don't have to carry your LTCH but you do have to either give.them.your license number for the LTCH verbally, or give.them your ID either verbally or in the form of a state ID or DL.

Doesn't matter which, but whatever you do, if you don'tgive.them your LTCH or at least your ID Info it is guilty until proven Innocent.

 

[femurphy77]

How about me? Most of you guys would probably think some pretty bad things of me if you judge me just by my cover. I look like a dirty, liberal, hippie pothead, but I'm pretty far from it. I'm a white boy, with dreadlocks, a beard, who happens to wear tie-dye sometimes, and I'm a glassblower. If you get to know me, you'll most likely be under the impression that most people who know me are under. I'm a somewhat intelligent, well spoken (in public at least), polite, hard-working individual. I own my own business and don't receive a dime from the government, and darn proud of it. I've NEVER, not once, been "Harassed" by police. Only been pulled over when i was blatantly breaking the law, mostly for speeding.




My choice of grooming is not because I'm a hippie. It's for spiritual reasons. I feel it is a way to connect with my own sense of naturalism. I don't feel brushing my hair, spraying god know what chemicals in it, and shaving my face are very natural ways of life. Call me crazy if you will, but I even use fluoride free toothpaste. Instead of just calling people who don't agree with fluoride dirty hippie liberals, have you ever researched it yourselves? Read the MSDS sheet on it? Read it and you will know why it says not to swallow your toothpaste on the back. Even my dentist doesn't use it. Anyways, I'm going off on a tangent now, so I'll end this and try to keep this thread on topic. Here's the MSDS of sodium fluoride (the most common source of fluoride) for those who care what goes into their body though.

SODIUM FLUORIDE

hippies all around me - YouTube

 

[Mikeshep1462]

I love that episode of south park.

 

[saleen4971]

"driving a sports car" is no excuse. by the time i was 19 i had been pulled over a few times in my jeep. then i bought a loud, fast blue mustang and drove it like any obnoxious 19 year old would. I was never pulled over.