Pennsylvania Firearm Owners Association
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  1. #1
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    Default Question on being disarmed...

    This may have been covered before, but I tried searching and did not really find what I was looking for. Just a few posts generally speaking about allowing the officer to take it.


    The situation of being disarmed is taboo, I realize that. But in a situation where the LEO insists that he disarm you for "his safety", and you go over the whole "I will comply, but I do not consent" thing... Who should do the handling of the weapon? Should I pull the weapon and unload it (which may not be a good situation, even if the officer says to go ahead), or should I tell the officer to disarm me himself (but make sure he realizes there is one in the chamber)?

    I don't want to "draw", and yet I don't want to get shot in the leg either...

    I was just wondering what everyone else's opinion on this is. And PLEASE do not turn this into an argument over "allowing disarmament", because that has been beaten to death... The question at hand is, what should you do if the officer demands he disarm you for his safety...
    III%

  2. #2
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    Default Re: Question on being disarmed...

    Undo your belt and have him take the gun "secured in the holster".
    Toujours prêt

  3. #3
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    Default Re: Question on being disarmed...

    Quote Originally Posted by Hawk View Post
    Undo your belt and have him take the gun "secured in the holster".
    I don't understand why in more of these "they took my gun" reports that we don't see this reported.
    FNX-9 Two-tone

  4. #4
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    Default Re: Question on being disarmed...

    I've never been in that situation and I have no factual backing for this, but I can't imagine a situation in which a LEO is going to let you touch your own weapon if he is "concerned for his safety".

  5. #5
    Hokkmike Guest

    Default Re: Question on being disarmed...

    Well, if it came to that unfortunate/unlikely scenario I would want to make sure the officer was not unduely nervous so to do something inadvertant. (supposedly they are trained not to)

    I think I would simply ask, "Do you want me to remove my weapon from the hoslter?".....

    I would imagine he/she would issue some kind of direction.

  6. #6
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    Default Re: Question on being disarmed...

    Quote Originally Posted by MWAG View Post
    I've never been in that situation and I have no factual backing for this, but I can't imagine a situation in which a LEO is going to let you touch your own weapon if he is "concerned for his safety".
    I concur. However, there has been recorded situation even on here where the officer requested the person to remove the gun slowly, etc... which leads me too...

    Quote Originally Posted by Hokkmike View Post
    Well, if it came to that unfortunate/unlikely scenario I would want to make sure the officer was not unduely nervous so to do something inadvertant. (supposedly they are trained not to)

    I think I would simply ask, "Do you want me to remove my weapon from the hoslter?".....

    I would imagine he/she would issue some kind of direction.
    That still would make me uncomfortable though... It's too easy for something to go wrong. And too easy for the LEO to then say I was drawing on him if something hairy did happen... which I guess leads me to what may be the best course of action...

    Quote Originally Posted by Hawk View Post
    Undo your belt and have him take the gun "secured in the holster".
    Quote Originally Posted by Helter View Post
    On the one hand, I'd be very uncomfortable with someone else disarming me, even if it's LEO.
    On the other hand, I'd probably be more uncomfortable with drawing a firearm in the presence of a LEO who clearly isn't happy that I have a firearm.

    I'd probably request that they allow me to remove my entire holster (or they do it), without drawing the firearm.
    I guess this would be most prudent, given the situation. Make sure there are no intentions of a "draw", and no mishandling by the LEO to endanger my life.

    Thanks for the responses guys!
    III%

  7. #7
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    Default Re: Question on being disarmed...

    Make certain the LEO knows that there is one in the chamber and that they know how to use the safety!

  8. #8
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    Default Re: Question on being disarmed...

    Quote Originally Posted by PA-Joe View Post
    Make certain the LEO knows that there is one in the chamber and that they know how to use the safety!
    You mean their finger?

  9. #9
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    Default Re: Question on being disarmed...

    Quote Originally Posted by Helter View Post
    You mean their finger?
    That's especially why I would want to make sure he doesn't handle it.. I usually carry an XDm... wouldn't want him yanking it out quick without fully knowing, and before I could explain it to him...
    III%

  10. #10
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    Default Re: Question on being disarmed...

    Quote Originally Posted by Hokkmike View Post
    Well, if it came to that unfortunate/unlikely scenario I would want to make sure the officer was not unduely nervous so to do something inadvertant. (supposedly they are trained not to)

    I think I would simply ask, "Do you want me to remove my weapon from the hoslter?".....

    I would imagine he/she would issue some kind of direction.
    There is no way in hell I would ever pull my weapon out of it's holster with or for LEO who was trying to disarm me. It would just be way to easy for me to become a statistic for an officer who does not like the fact that I was exercising my 2A rights. If they insist on disarming me, they will have to take it. If they cause a discharge you are all invited to the after lawsuit party. I will supply the beer and ammo.
    I Am Not A Lawyer, and I don't even play one on the internet. Never mistake my opinion for legal advice. If you do need legal advise, seek it from those who get paid to give it, I know I do.

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