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Thread: Question on being disarmed...
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March 11th, 2010, 11:33 AM #11Grand Member
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March 11th, 2010, 11:34 AM #12
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March 11th, 2010, 01:44 PM #13Active Member
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Finleyville,
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Re: Question on being disarmed...
A few years ago, I was in a single car accident, (slid on ice into a hill side) and the police showed up. Since I was on my way to work only wearing work jeans and a hoodie that didnt come down far enough to keep it hidden. When the young officer asked for my registration and insurance, I crossed my arms, turned towards him and told him, I will be more than happy to get it for him. Knowing that when I did it would reveal my sidearm, I notified him that I had one on my right hip. He didnt draw down, on me or otherwise over react. He asked me to turn around back to him, un holster it with my finger out of the trigger gaurd and keep it pointed at the ground. I did so, and calmly and safely he took it, pointed it at the hill side, dropped the mag, racked the slide ejecting the chambered round into his hand, and placed them on the passenger seat of his cruiser, "for his safety".
I didnt agree with being disarmed, however I must say that he acted very proffesional, didnt question me carrying, or berate me in any way. When his luetenant showed up...that was a different story. He was a dick about it and was pestering whay I had a gun, who was I afraid of, etc etc and even threatened to take it. I told him he could nt do that, I want a reciept, etc etc and he finnally "let" me have it back after we were all done.
My advice, if you are so inclined to inform an officer that you are armed, is to keep your hands in an unthreatening pose, let the officer know and wait for instruction. However, I will not inform an officer unless it is obvious that he will see it during our interaction. Of course, this does not apply when I open carry.
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March 11th, 2010, 01:58 PM #14
Re: Question on being disarmed...
Cops are people. Wearing a badge doesn't make them smart, intelligent, competent, or super man. Make suggestions to the officer.
Sir, may I suggest leaving the firearm in the holster, mitigating the chance of a negligent discharge.
Sir, I will comply but I request that I take off the holster and leaving the firearm inside of it. Its safer for you, me, and bystanders.
Take control of the situation by making suggestions grounded in safetly for all concerned.
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March 11th, 2010, 07:49 PM #15
Re: Question on being disarmed...
My first response would be "the safest place for my weapon is in its holster, officer"
If he still wanted it I would probably put my hands on my head, turn to face away from him, then say"I do not consent to be disarmed but I will not resist"
I have alot of cops in my family and its pretty well drilled into my head the last thing you ever want to do near a cop is put your hand near your gun.
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March 11th, 2010, 09:00 PM #16Super Member
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Re: Question on being disarmed...
Who should do the handling of the weapon?
I would ask the LEO what he or she wanted me to do and do it very slowly so nothing can be misconstrued.
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March 11th, 2010, 09:30 PM #17
Re: Question on being disarmed...
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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March 12th, 2010, 12:57 AM #18
Re: Question on being disarmed...
When I was harassed and disarmed for OC'ing, I unbuckled my belt and took off the holster with the gun still in it and gave him the whole rig. It seemed like safest way to do it.
Everyone should have an AK-47
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March 17th, 2010, 02:43 PM #19Junior Member
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Re: Question on being disarmed...
I can't say about Penna laws .... But in Ohio ..... If an officer wants to disarm you for whatever reason. You comply with his request .... period.
In Ohio ...if you touch your weapon in front of the officer ...it is 'Felony Touching' and you can be arrested and lose your concealed handgun license forever (a CHL here). Secondly ...if you give the officer grief about it, you can be charged with 'Failure to Comply with a Lawful Order' AND 'Disorderly Conduct', either of which could get your CHL pulled.
In Ohio, when any law enforcement agency runs your license tag thru L.E.A.D.S. (Law Enforcement Automated Data System), the response shows automatically all your driver and car information, including if you have a CHL.
If an officer wants to disarm me. I would keep my hands in plain view at all times, I would exit the vehicle with his permission, and put my hands on the car and inform the officer where my sidearm is so HE can take possession of it. After the stop, he would have to return it as there would be no probable cause for the officer to seize the weapon.
If it would make the officer feel more comfortable to have my weapon in his possession during a stop or interview, fine with me. It's no big deal.
After I received my CHL, The first thing I did was go over to wally world and buy one of those zippered papers carriers that attaches to your visor with the velcro straps. In that I keep my insurance card, registration and any other car information needed. I did this purposely as an officer can freak out if your leaning over digging thru compartments and glove boxes looking for paperwork. The officer doesn't know what you are doing or if your are trying to hide something. You see it all the time on COPS on TV.
Consequently, if an officer approaches my window, I have both hands on the wheel in plain view with my wallet in my hand. I then get my drivers license and CHL card, and *Immediately* I inform the officer I have a CHL and that I have a sidearm (Another mandatory state law here - you could be arrested for not informing), and retreive my paperwork from the visor, always having my hands in plain view. I know the officer appreciates that and settles any nervousnesss the LEO may have. I found this to be true when I went thru a sobriety check station. The officers didn't want my weapon, but he said he appreciated my cooperation and the way I did things.
Maybe this might mean a warning instead of a ticket. I'm even more aware of my speed and driving now that I have a CHL as if I don't get stopped, I don't have to worry about any of the above hassles I mentioned.
So ..if an officer wants to disarm you, tell him 'Yes Sir, follow the officers instructions, and all should turn out OK in your favor.
Ohio Rusty ><>Last edited by Ohio Rusty; March 17th, 2010 at 03:17 PM.
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March 17th, 2010, 02:51 PM #20
Re: Question on being disarmed...
I dont like the idea of removing your gun form your holster for the simple fact of what if another cop pulls up and sees you reaching for the gun without knowing the situation...could get tense quick.
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