PA state trooper disassenbled my gun during traffic stop

[Williamsmith]

It was a “dick” move to disassemble the OPs firearm and return it to him in that condition but just for the sake of argument, if the OP had not given the Trooper permission to take the gun....doesn’t the fourth amendment protect him from unlawful seizures.....however temporary they may be? And if so, I guess in the same way officers get consent to search...apparently they get consent to sieze. There must be a case in Pennsylvania that went before a court regarding this issue. In order for seizure of the gun it must be evidence of some kind or there must be articulable facts to show it needed secured for the safety of the general public. I wear my EDC in a shoulder holster. I could’ve stopped a hundred times and nobody would realize it was on me.

[unclejumbo]

It was a “dick” move to disassemble the OPs firearm and return it to him in that condition but just for the sake of argument, if the OP had not given the Trooper permission to take the gun....doesn’t the fourth amendment protect him from unlawful seizures.....however temporary they may be? And if so, I guess in the same way officers get consent to search...apparently they get consent to sieze. There must be a case in Pennsylvania that went before a court regarding this issue. In order for seizure of the gun it must be evidence of some kind or there must be articulable facts to show it needed secured for the safety of the general public. I wear my EDC in a shoulder holster. I could’ve stopped a hundred times and nobody would realize it was on me.

There has to be some case law on securing a firearm during a lawful detention. It happens so frequently that someone must have run it up the flagpole by now.

[archie19]

maybe the way to respond to a return of ones firearm from LEO control is to insist on putting on a pair of gloves first...to preserve the new set of fingerprints on the firearm???

[Parrisk]

My first thoughts

This is my concern. Is the OP sure he got all his original parts back?

Secondly I think trooper #1 knew trooper #2 was wrong for doing what he did, hence the offer to have his partner reassemble the firearm.
The Corporal at the barracks most likely knows, as well as the rest of the troop, that peckerhead #2 does this crap all the time.

Why I get in trouble
Trooper #1 "Would you like my partner to reassemble the pistol?"
me "No thank you. Your partner obviously doesn't know the laws concerning private property or firearms, what makes me think he knows how to reassemble my Glock correctly?"

It was a “dick” move to disassemble the OPs firearm and return it to him in that condition but just for the sake of argument, if the OP had not given the Trooper permission to take the gun....doesn’t the fourth amendment protect him from unlawful seizures.....however temporary they may be? And if so, I guess in the same way officers get consent to search...apparently they get consent to sieze. There must be a case in Pennsylvania that went before a court regarding this issue. In order for seizure of the gun it must be evidence of some kind or there must be articulable facts to show it needed secured for the safety of the general public. I wear my EDC in a shoulder holster. I could’ve stopped a hundred times and nobody would realize it was on me.

I know with NY SAFE Act.. during a traffic stop Officer #2 secured the driver's legally carried pistol, dropped the mag and cleared the firearm. Then proceeded to empty the magazine of 9 more rounds (10 total). They arrested the guy for violating the SAFE Act (No more than 7 rounds allowed in a firearm) The NY Judge tossed the whole thing out the window stating the officers were allowed, for their safety, to take temporary custody of, and make safe / unload the firearm. however to empty the magazine and count the bullets violated the 4th amendment "No Probably Cause" even with the witness holes showing more than 7 in the magazine.
As of that ruling the NYSP and AG say the 7 round limit will not be enforced, just the 10 round magazine law will be.

Back in 2001, I got traffic stopped by a State Trooper for an expired inspection sticker. It happens.

This past September on a warm Saturday afternoon my wife and I are passing though the wonderful town of New Milford. Get pulled over by a 17yr old spot faced punk. Finally walks up and says the reason he pulled me over was my inspection sticker is expired..
"Why that's odd officer, where we live Jan 2018 comes after Aug 2017. Has Jan 2018 already come and gone here in New Milford?"
He steps forward, stares that the sticker, steps back and says "You are free to go"

My wife asks what the hell was that.. I explained the New Milford pays Great Bend police to patrol. He was fishing for drunks, but that was the worst I have ever seen

[Gunsnwater]

Lesson from story:

Do NOT consent to searches and seizures.

That's like a woman claiming rape because she consented to sex but not him ejaculating in her.... What did you expect to happen?

Realy you would expect the police to field strip every gun they get their hands on?

[Gunsnwater]

I bet most of them don't field strip their own gun and clean it.

[abner13]

Trooper #1 "Would you like my partner to reassemble the pistol?"
me "No thank you. Your partner obviously doesn't know the laws concerning private property or firearms, what makes me think he knows how to reassemble my Glock correctly?"

Don't PSP carry Glocks?

[Gunsnwater]

Hmmm I was just thinking, he could have just filled the striker channel with oil to make it safe.

[bill gray]

Wanna make a point to the two cops? Get the corp., sgt., lt and capt. pissed at them. Write a letter of complaint and send it and cc to everyone up the line from their barracks. Send it to the gov, head of PSP, state sen., state rep and anyone else you think of. Send the internal affairs form in to four or five days later. For a couple of days, the supervisors at the barracks will be getting calls, letters and faxes from all directions and will have no idea what the hell anyone is talking about. They will be improvising and, hopefully, will tell different stories at different times to the heavy hitters. Make the Indian chiefs look bad and there will be hell to pay by the guys at the bottom of the totem pole.

[Sgt.K]

Wanna make a point to the two cops? Get the corp., sgt., lt and capt. pissed at them. Write a letter of complaint and send it and cc to everyone up the line from their barracks. Send it to the gov, head of PSP, state sen., state rep and anyone else you think of. Send the internal affairs form in to four or five days later. For a couple of days, the supervisors at the barracks will be getting calls, letters and faxes from all directions and will have no idea what the hell anyone is talking about. They will be improvising and, hopefully, will tell different stories at different times to the heavy hitters. Make the Indian chiefs look bad and there will be hell to pay by the guys at the bottom of the totem pole.

That's just twisted.

I *like* it!