If an officer asks to see your weapon?
Just a scenario if you were pulled over on a traffic stop and the officer asked if there are any weapons in the car and you disclose that you are in posseion of a gun with a LTCF. I know that it is a touchy subject regarding the officer taking your firearm from you during a stop which has nothing to do with your gun, but is demanded they want to take possesion of the firearm. My question is I never feel safe handing someone a loaded gun that I dont know! Reason I ask is a few years ago while hunting I had a WCO check my information in the field and asked to see my rifle. I started to unload it an he said it was not necessary to unload it. I said yes it is I dont know you. Can I say/do the same thing if my firearm is requested by an officer? I dont feel safe handing anyone a loaded firearm without me knowing they can properly handle it (loading, unloading, proper operation, etc)
Re: If an officer asks to see your weapon?
PA doesn't have any disclosure laws....I don't see why you'd have to tell them...and they sure have no right to take it from you if you didn't use it. But most here know more than me about it.
Re: If an officer asks to see your weapon?
You're making it complicated.
I'll pretty much deny any request an officer makes
As far as a demand, I'll comply under duress but strongly and verbally state no consent.
If he is going to physically force something, nothing you do is going to stop him
No consent, no duty to inform and generally, not answering any questions
Seem harsh? Seem anti cop? Whatever, I have a lot to lose, cops dont
Re: If an officer asks to see your weapon?
Quote:
Originally Posted by
BimmerJon
You're making it complicated.
I'll pretty much deny any request an officer makes
As far as a demand, I'll comply under duress but strongly and verbally state no consent.
If he is going to physically force something, nothing you do is going to stop him
No consent, no duty to inform and generally, not answering any questions
Seem harsh? Seem anti cop? Whatever, I have a lot to lose, cops dont
^^^THIS^^^
Re: If an officer asks to see your weapon?
Quote:
Originally Posted by
Blastem
Just a scenario if you were pulled over on a traffic stop and the officer asked if there are any weapons in the car ...
Tell the officer that until he advises you of your rights, he can
not ask you any questions.
Re: If an officer asks to see your weapon?
I have only been pulled over once, and I was not asked if I was armed, but I have no plans to ever disclose to a police officer if I am armed (unless I am OC'ing).
You are not legally obligated (in PA) to inform a LEO that you are carrying, so my suggestion is that you not do so. If he does not know, he will not be tempted to erroneously take it from you, and both of you will be much safer with the gun in the holster throughout the entire encounter.
Re: If an officer asks to see your weapon?
I will add that typically if you are being illegally disarmed, your hands going anywhere near your firearm will result in you looking at the wrong end of an officer's weapon. Generally speaking they will have you assume some position(for Viper its face in the dirt), then they will attempt to figure out how your holster works(as your praying you dont get shot with your own gun), then they will attempt to figure out how the firearm works so they can unload it(as you hope they dont scratch, etc your gun). Now again results may vary.
So to answer part of what you asked, No you will not be able to hand them the firearm unloaded. I'm not a LEO nor a Lawyer but in general observation thats how it works.
Re: If an officer asks to see your weapon?
Quote:
Originally Posted by
Gun
Tell the officer that until he advises you of your rights, he can not ask you any questions.
Better yet, just tell him you choose not to answer any questions. His reading you your rights won't give you any protection if you say something which can be used against you. In fact, it could work against you.
Re: If an officer asks to see your weapon?
Quote:
Originally Posted by
Gun
Tell the officer that until he advises you of your rights, he can
not ask you any questions.
Huh?
As to the OP. I would check with the officer before doing anything like that.
"Officer, may I drop the magazine and lock the slide back before I hand it to you?"
If he's a gun guy, he'll know that this is the way to properly do it. If he's a non gun guy, anti 2nd A type, he'll be sure that you are incapable of safe handling because he's the trained professional.
The bottom line is that you should state your lack of consent at being disarmed and then proceed as directed.
Re: If an officer asks to see your weapon?
Quote:
Originally Posted by
acosenza2
I have only been pulled over once, and I was not asked if I was armed, but I have no plans to ever disclose to a police officer if I am armed (unless I am OC'ing).
You are not legally obligated (in PA) to inform a LEO that you are carrying, so my suggestion is that you not do so. If he does not know, he will not be tempted to erroneously take it from you, and both of you will be much safer with the gun in the holster throughout the entire encounter.
I know we are not obligated to inform a LEO that we are carrying, but once that question is asked, are there issues that could arise if we were to say "no" and they found out otherwise?