I was disarmed by a police officer

[djturnz]

I looked up and saw red and blues. Pulled over, rolled my window down half way and placed my palms on the wheel. The first thing the officer asked me after "how are you doing today sir?", was "are there any weapons in the vehicle?"
I replied, "yes sir, I have a gun on my hip, on my ankle, and my permit is in my wallet.
He asked "do you have a badge?"
I replied "no".
He said "what we I'm gonna ask you to do for the remainder of this stop is get out of the vehicle and disarm you. "
I got out and lifted my shirt from the front to expose the XD on my hip. He removed it from myholster and placed it in the bed of my truck. He then asked my to lift my leg and he reached down to remove the 38 from my ankle. I keep my pantleg tucked behind the gun so I did not need to pull my pants up. I pulled out my wallet and handed him my LTCF, license and address correction card. He told me to get back in the truck and that he would keep the guns with him. When he returned he gave me my information back. He informed that he had unloaded both guns .
As he handed me the 38 he said "that one needs cleaned".
I replied, "it gets a lot of lint from being on my ankle".
After he habded me the XD, and the magazine, and all the bullets, he said "I'm going to go back to my car, then you may reload your guns before you pull away. If you try to reload at a redlight and somebody sees you they might freak out." I agreed and he walked away. Another cruiser pulled in behind him as I was leaving. He also gave me a verbal warning about my seatbelt. He also handed my knife back, which I had forgotten about and didn't even notice he took.

This is the first time since I started carrying that I have been pulled over. It was interesting. I did feel a little weird standing with my hands on the roof of my truck while he disarmed me.

So now I have a fine for $157, and maybe some points. I'll have to look into that.

[D-FENS]

I'm no expert and I probably shouldn't even be chiming into this thread but that is ridiculous. Have you considered filing a complaint with the department? Did you have a choice to whether he disarmed you.

We all have rights against unreasonable search and seizure. I think this falls into that somewhere, considering you're permitted.

[dmg1969]

Interesting post. I'm not sure about the legalities of him disarming you during the stop, but at least it doesn't sound like he was an ass about it. I'm sure some LEO's would have asked why you felt the need to carry two guns (easily remedied by asking if HE or SHE carries a B.U.G.)

I'd love to hear Steve or one of our resident attorneys chime in about the legalities of the officer disarming him for the duration of the stop.

[OneLungMcClung]

I am also no expert, so I wont play lawyer - but I will say this:

- I am assuming that the fine was for the original traffic infraction? Your post almost makes it sound like you got fined for carrying. I am assuming that whatever he lit you up for is the actual fine.

- I am actually impressed by this oficer's attitude and professionalism: He didn't flip out and gun point you! He absolutely has the right to ask you, for his own safety, if you are carrying. You have the right to answer in a variety of different ways. If and how you choose to answer is your choice. I can't say what I woulda done, I wasn't there, but I will say that IMO you did nothing wrong, man.

- HC's worries about unreasonable search and seizure would be my worries as well IF mr Badge had used your CCWing as a "probable cause" to search your vehicle. As it stands, he did not, so I, for one (again, flamers, IMHO) have no problem with it. You chose to answer his question and he proceeded from there. The seizure part is a difficult one - all the arm chair lawyers can argue seizure or not seizure until the cows come home. I for one think this was far more about officer safety - he knew he would be doing police stuff in a few minutes, and like any good cop he knows that sometimes men with guns make stupid choices and someone gets killed. He doesn't know who you are - upstanding citizen with a fast car or man who just killed his wife. If you had cried bullshit at his disarming you I think we all would be reading a very different post: one where he called for backup, you were gunpointed, and had your car searched.

- I think there is no link between your firearms and your ticky. Mr Leadfoot.

- Those of you who are about to flame me please feel free, but I expect your arguments to be logical and informed, not based upon your hatred of your own Mommy!

[dmg1969]

Sounds like you and I are on the same page, OneLung. The only thing I am unsure about is whether or not you are required by law or statute to obey the officer's request to be disarmed.

I must admit that, if I was an officer, I would probably want to hold the person's weapon(s) until the stop was over too.

[djturnz]

When I started carrying, and reading the gun boards the subject of telling a cop during a traffic stop came up in a thread (as if there was just one thread) and it was argued both ways. I decided that I would probably mention my gun, but only after mentioning my permit. Mostly because I have to reach past my gun to get my wallet. I also envisioned being asked to disarm, in which I would volunteer to step out and be disarmed. I don't want the wrong person driving by and seeing me holding a gun with a cop right there. I actually assumed that he would ask why I had my 38 exposed, but he did not. I forgot to mention that when he came back to the car, he thanked me for telling him that I had my guns.


Yes he said he clocked my doing 75.9 in a 55. He ticketted me for speeding. I didn't realize that I didn't mention that. My insurance card was also expired and I fogot to put the new one in my truck. He had no problem with that either. No I don't drive a fast car, just a truck.
He was very professional

[vetter3006]

I have to agree that the LEO was thinking on his safety and handled it ok for me.
It sounds like he did not harass or make your day difficult. I do not have a problem with him making my firearms safe while he conducts buisness. He gave everything back to you and let you on your way.

[dmg1969]

Originally Posted by djturnz

Yes he said he clocked my doing 75.9 in a 55.

Will we be seeing you on an episode of Speeders on CourtTV? Just kidding.

All in all, I would put that down as a positive experience even though he asked you to disarm.

[Montell C. Williams]

I don't think you have a real gripe, by your description of the car stop it sounds reasonable to me.I don't know the purpose of askng if you had a gun, a bad guy wouldn't say yes, I was on my was to a stick up.

[D-FENS]

How can everyone be so complacent about being disarmed on their own property?

I get that the cop was nice, professional, etc but how is it any different than if a cop comes to your door because your grass is too high, asks you if you have any weapons in your home and then asks you to hand over your weapons until he concludes his visit?

Don't get me wrong, I am very glad that this wasn't an aggressive encounter but how can everyone tolerate being disarmed without arrest? I'm shocked.