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Question about concealed carry.

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  • judoka
    replied
    As far as I know, it hasn't been challenged. I've been a cop for 7 years and the law allowing us to take a weapon on a stop has been there at least that long. When I first started, you had to have a ccw, but that changed a few years back. When that changed, they tacked on the misdemeanor for not admitting to having a weapon when asked.
    The only challenge I can think of is a superior court ruling we had recently. Officers made consentual contact with a prohibited possessor and ask permission to search him. He grants permission and they find a gun. The conviction was appealed and the court found that the stop was no longer consentual, so charges were dropped. I'm sure I'm mising some details, but that was what I could remember.
    I make a lot of stops, working both the nice a not so nice parts of town and I've never had any trouble really. I think I only had one time where a guy asked if it was necessary, so I simply explained that the law was on the books and he allowed me to take the weapon.

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  • judoka
    replied
    For TheTick, since you asked a question about Az.
    We no longer require ccw permits, anyone who can legaly carry in this state can legally carry concealed. If an officer has a reason to stop you and asks if you're carrying a weapon you must disclose the fact that you're carrying. Further, state law allows us to take possession of the weapon for the duration of the stop.

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  • CruiserClass
    replied
    Originally posted by TheTick
    Just food for thought... what's your legal authority to do this? What if they don't comply?

    I posed this exact question to our Attorney because I saw some guys securing guns from people LEGALLY CARRYING when the weapon has nothing to do with the contact. This included vehicle stops for VEHICLE CODE violations where the driver is armed. We discussed it and they kept saying "Officer Safety", which we already know isn't a legal reason for a Pat Down in a Terry Stop, let alone actually taking their property albeit temporarily. The answer is that at least on the Federal Level and the PA State Level, there is no legal right to secure the firearm if it is not part of the reason for the detention. Things may be different on the state level in Arizona, but I doubt it.
    Our department issued a general order a year or so ago to NOT take firearms from permit holders absent some reason that can be articulated. The old "I don't know you" doesn't fly here.

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  • PSUMedic
    replied
    I usually use the "don't show me yours and I won't show you mine..." routine. The law-abiding CCW contact with a firearm is my least concern. I usually strike up a conversation with them about firearms.

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  • CruiserClass
    replied
    You know the advise they give comedians starting out? Know your audience. The same applies with mentioning you are armed when its not required by law. Some areas are less gun friendly than others, and some cops are less gun friendly than others. You may find someone who feels compelled to disarm you and run the s/n on the gun, you may find someone who says "don't touch yours, I won't touch mine" and leaves it at that.

    The one exception is NEVER SURPRISE ME WITH IT. If you are keeping it in your glovebox and open the glovebox to reach for your registration, what it looks like to me is you are reaching for a gun. You will now have my undivided attention and will likely be at gunpoint while we get that sorted out. The best answer is...don't keep it with your required paperwork. If you ignore the best answer, say you've got a gun in their with your paperwork and ASK what I want you to do.

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  • SmallCityCop
    replied
    I've never encountered an armed CCW on the street, but I have stopped several on traffic stops. Most have been military or current/retired LEOs. If they tell me,I just ask where it is, tell them to keep hands away from it while during the contact, and sometimes I will inspect the weapon and the area it's in with my eyes, but I usually don't reach in and try to physically handle the weapon. If I spot the gun and they haven't told me, the stop usually goes in a different direction, especially if I spot it loosely about the vehicle (floorboard, seat, etc).

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  • slamdunc
    replied
    Originally posted by jdthor View Post
    Our dispatch notifys us anyway if they have a CHL when running the 27.
    Ours does this now, but it only shows up for in-state permits.

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  • jdthor
    replied
    We would know. you know how that spider sense is. same way officers normally can tell who each other are by their actions.

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  • Iowa #1603
    replied
    Originally posted by jdthor View Post
    Our dispatch notifys us anyway if they have a CHL when running the 27. Normally its better to just say up front
    The law in Iowa specifically forbids the linking of weapons permits with DL/Registration records. Texas honors my permit so you would never know that I was carrying

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  • jdthor
    replied
    Our dispatch notifys us anyway if they have a CHL when running the 27. Normally its better to just say up front

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  • slamdunc
    replied
    Originally posted by Iowa #1603 View Post
    I will never let the officer know unless there is a possibility that he/she might see my weapon for some reason. Like I said , most officers in my region don't care unless there is a reason for them to care.
    ^^^This^^^
    Originally posted by sanitizer View Post
    There are several states that have enacted a statutory “duty to inform”, those states require you to disclose the fact that you are carrying a firearm whenever officially stopped by law enforcement. The simple answer in my opinion is no, unless you are required to do so by state law.
    And ^^^This^^^.

    If you are required by statute to disclose or if it is likely that during the course of contact, the firearm will be discovered, then you should let the officer know. If neither of these are the case, out of sight, out of mind.

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  • sanitizer
    replied
    Originally posted by tanksoldier View Post
    Depends on your state. In Colorado you don't have to tell the officer in either case unless he specifically asks.

    Personally I could care less.
    I’m on the same page as Tank soldier. There are several states that have enacted a statutory “duty to inform”, those states require you to disclose the fact that you are carrying a firearm whenever officially stopped by law enforcement. The simple answer in my opinion is no, unless you are required to do so by state law.

    Leave a comment:


  • HotSoup
    replied
    If I contact someone for any reason and I find they have a weapon and they're legally carrying I'm going to do this...I will take the weapon, place it on the hood of vehicle after unloading it, finish my contact with you and then ask you not to reload until I've left....this isn't something personal against that person but I don't know them and even though the contact might be pleasant it doesn't mean that this person might try to harm me....I'm going home at the end of shift and if that means someone is disgruntled that I unloaded their weapon so be it

    Leave a comment:


  • tanksoldier
    replied
    i know its my responsibility to inform the officer that i have a concealed carry permit and that i am armed.

    Do the same rules apply, do i need to inform them right away that i have a ccw and that im armed or is it different if im not in a vehicle?
    Depends on your state. In Colorado you don't have to tell the officer in either case unless he specifically asks.

    Personally I could care less.
    Last edited by tanksoldier; 11-27-2014, 10:12 PM.

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  • Iowa #1603
    replied
    Originally posted by Abit2585 View Post
    It has always been my plan to inform the officer that has made contact with me so that he/she knows. I was pulled over about two years ago for my inspection being a month past due. I pulled right over made sure my hands were on the steering wheel so they were visible, and after the officer made initial contact i informed him that i have a ccw and that i was armed. He politley asked me to step out of the car, he secured my weapon and went on with the traffic stop. He did tell me towards the end that he appreciated me keeping my hands visible and informing him that i was armed. All in all, i believe he was happy with the way I was honest and upfront and in turn he was very polite and professional. I live in Pennsylvania by the way.
    I will never let the officer know unless there is a possibility that he/she might see my weapon for some reason. Like I said , most officers in my region don't care unless there is a reason for them to care.


    Most of the officers around here & everyone I currently work with will tell a permit holder who tells them they are armed that "Don't show me yours and I won't show you mine" and continue on with the contact.

    If I am asked to get out of the car during the stop, I would then probably notify because there would be a possiblity the officer would notice the weapon.----------------likewise if I happened to have it in the glove box at that time and was asked for registration and proof of insurance

    Leave a comment:

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