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Competition, Tactics & Training
Self Defense & Handgun Carry
Legality of frisk/disarmed during traffic stop.
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<blockquote data-quote="Glocktogo" data-source="post: 1947417" data-attributes="member: 1132"><p>Where does officer safety come into play? There's nothing that says an officer cannot disarm the subject of a traffic stop for the duration of the stop in the name of officer safety. So long as the detention length isn't unreasonable and the firearm is returned at the conclusion of the stop of course.</p><p></p><p>The inspection issue is a red herring. Removing the firearm, unloading it and securing it is not an inspection for the purpose of this law. Running it NCIC to check if it's stolen is. </p><p></p><p>I'm sure Mike Brown could quote the legal specifics of this much better than most. Question is, how many of you law abiding SDA permit holders are willing to file a lawsuit against the agency in order to get a legal precedent in your pocket?</p><p></p><p></p><p></p><p>If you relied on Terry as the basis for the disarm, which is not necessary in every case. FWIW, there have been permit holders who've committed crimes with their firearms. Hence the officer safety aspect. I would not as a rule disarm a permit holder. However, if the little hairs on the back of my neck tell me to do something, I'll listen to them as opposed to a piece of plastic issued 5 years previous. Feel free to lodge a complaint with my agency if you take issue with my officer survival training. <img src="/images/smilies/smile.png" class="smilie" loading="lazy" alt=":)" title="Smile :)" data-shortname=":)" /></p></blockquote><p></p>
[QUOTE="Glocktogo, post: 1947417, member: 1132"] Where does officer safety come into play? There's nothing that says an officer cannot disarm the subject of a traffic stop for the duration of the stop in the name of officer safety. So long as the detention length isn't unreasonable and the firearm is returned at the conclusion of the stop of course. The inspection issue is a red herring. Removing the firearm, unloading it and securing it is not an inspection for the purpose of this law. Running it NCIC to check if it's stolen is. I'm sure Mike Brown could quote the legal specifics of this much better than most. Question is, how many of you law abiding SDA permit holders are willing to file a lawsuit against the agency in order to get a legal precedent in your pocket? If you relied on Terry as the basis for the disarm, which is not necessary in every case. FWIW, there have been permit holders who've committed crimes with their firearms. Hence the officer safety aspect. I would not as a rule disarm a permit holder. However, if the little hairs on the back of my neck tell me to do something, I'll listen to them as opposed to a piece of plastic issued 5 years previous. Feel free to lodge a complaint with my agency if you take issue with my officer survival training. :) [/QUOTE]
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