required to give police your weapon at traffic stop or no ?

[97grnrs]

if your stopped for traffic offense and your asked to hand over your gun and you refuse is it legal

[biggs88]

Originally Posted by 97grnrs

if your stopped for traffic offense and your asked to hand over your gun and you refuse is it legal

Fighting with a cop never turns out good.

Follow the order, then sue the balls off the county if its a wrongfull act.

[97grnrs]

i know but why should he be able to have a weapon and me no? i just wanna know if it ever happened and i said im not gonna give up my gun would that be legal. without probable cause to disarm me i dont see how they legally can. especially like for a dui check point or something like that that is not even technically legal for them anyway

[tlgpa]

Originally Posted by 97grnrs

i know but why should he be able to have a weapon and me no? i just wanna know if it ever happened and i said im not gonna give up my gun would that be legal. without probable cause to disarm me i dont see how they legally can. especially like for a dui check point or something like that that is not even technically legal for them anyway

I'd worry about the legality of it afterwards. If you say no, you'll likely be dragged out of your car at gunpoint.
Perhaps he has probable cause and you don't know it. Maybe he ran your plate and it came back with something.

[HiredGoon]

I think as mentioned elsewhere, if you feel he has no reason to disarm you, tell the officer that you do not consent to your gun being taken and then comply with his request. You will comply one way or another, but you do not have to consent.

[biggs88]

I would repeat yourself and make sure its known your against the idea. Request his boss comes to the scene. Get names and badge numbers, then sue.

But if a cop wants your gun, and you say NO, it can get ugly quick. Follow the orders, then sue. Sueing is the only way the county will ensure its police are on the up and up on laws and peoples rights.

[GoldWinger]

Originally Posted by tlgpa

I'd worry about the legality of it afterwards. If you say no, you'll likely be dragged out of your car at gunpoint.
Perhaps he has probable cause and you don't know it. Maybe he ran your plate and it came back with something.

The Po-lease, like wives, are always right, especially if they claim it is regarding "safety."

[JCWohlschlag]

Originally Posted by 97grnrs

without probable cause to disarm me i dont see how they legally can. especially like for a dui check point or something like that that is not even technically legal for them anyway

Law enforcement does not need probable cause to disarm you. Probable cause is what they need to arrest you, search you, or search your vehicle. They only need reasonable, articulable suspicion (RAS) to detain you, and then they only need a belief that you are armed or dangerous to perform a cursory frisk for weapons.

If you are pulled over for a normal traffic stop, you are automatically detained and the officer already has reasonable, articulable suspicion. You handing your weapon to the officer while still in the vehicle is basically your alternative to exiting the vehicle and being frisked, either under your own volition or under the force of the officer(s). Either way, once the officer asks for your weapon during a stop, the officer is going to get it.

A fixed checkpoint gets more complex. The courts have ruled that they are indeed legal stops. Whether they are legal detainment with reasonable, articulable suspicion, compelling relinquishment of weapons, or whether they are legal detainment without reasonable, articulable suspicion, I do not know.

[chrisjames_71]

Originally Posted by 97grnrs

especially like for a dui check point or something like that that is not even technically legal for them anyway

It is?? Since when?? Got a citation for it???

[david1]

If you dont give up your weapon expect a nightstick up your ass or tased or have a gun barrel in your cheek.