LEO asked me to remove my gun and leave it in car during traffic stop

[BallisticGuy]

Its very common for OHP to ask you to come back to there car. Been there done that. As for the weapon. Officer has every right to have you remove the weapon.

 

[Profreedomokie]

I don't see anything wrong with what the officer did. If you do ,stay out of Kansas. My wife and I were pulled for a u turn by two of their finest. We both were carrying weapons and told them so. I was removed from the car and padded down by the female officer. She took my knife and gun while I was telling her I am a SDA instructor and work with the Ponca City PD. She then told me to get back in the car ( where I could reach my wife's gun ). She later returned my weapons by putting them in the floor of the backseat and telling me I could get them after we drove off. So now I'm illegal ,my weapon not concealed. Sexual harrassment by a 100 lb. female cop with a 200 attitude. The male officer never asked my wife to get out of the car or where her gun was.

 

[Josh-L]

handing your dl and permit to the officer is all that is needed.

Negative. Handing over a card does not "identify the fact that the person is in actual possession of a concealed handgun" which is what the notification law states.

 

[Stephen Cue]

Negative. Handing over a card does not "identify the fact that the person is in actual possession of a concealed handgun" which is what the notification law states.

Would you mind showing us where in the SDA it states "how to" notify?

 

[ssgrock3]

well you don't show your card or notify if you don't have a weapon right. Sadly I have tested this and all 3 or 4 officers have all been a-ok with the way I handled it. to each his own.

 

[Stephen Cue]

well you don't show your card or notify if you don't have a weapon right. Sadly I have tested this and all 3 or 4 officers have all been a-ok with the way I handled it. to each his own.

Unless one has a gun in possession, one does not have to notify or show CHL, You are correct.

 

[ssgrock3]

10-4 stephen, just making the point, that the officer can assume that I have a weapon if I hand him the card with my dl. His next question has been where? Only one has taken time to remove the weapon and that is because it was in the console with kids in the car, and he had asked me to exit the vehicle. I would assume he removed it due to the children in the car. I believe my manner of handing the officer lets him know I am ccw, have a weapon and am no threat to him, by not throwing the course of things off by making some big legal statement. Officer is in charge, sets the tone, asks questions and away we go. Been that way all occasions. Keeping things simple is what I suggest. If that means to you that you have to make a formal statement, then by golly recite it all you want. Just don't want anyone to think it is the only way it has to be.

However, if you guys are in a spot where officer is in a heightened state of rediness....not a simple side of the road chat, then maybe....for example your friend unbeknown to you has a warrant and a warrant team kicks in the door or you are having dinner out and some jack hole does something to get the police involved. Then maybe a nice statement as suggested might be a Very wise move.

 

[Michael Brown]

10-4 stephen, just making the point, that the officer can assume that I have a weapon if I hand him the card with my dl. His next question has been where? Only one has taken time to remove the weapon and that is because it was in the console with kids in the car, and he had asked me to exit the vehicle. I would assume he removed it due to the children in the car. I believe my manner of handing the officer lets him know I am ccw, have a weapon and am no threat to him, by not throwing the course of things off by making some big legal statement. Officer is in charge, sets the tone, asks questions and away we go. Been that way all occasions. Keeping things simple is what I suggest. If that means to you that you have to make a formal statement, then by golly recite it all you want. Just don't want anyone to think it is the only way it has to be.

However, if you guys are in a spot where officer is in a heightened state of rediness....not a simple side of the road chat, then maybe....for example your friend unbeknown to you has a warrant and a warrant team kicks in the door or you are having dinner out and some jack hole does something to get the police involved. Then maybe a nice statement as suggested might be a Very wise move.

Judgement to fit the situation?

Unheard of!!!!

I must be able to fit everything in one cubby hole!!!!

(Sarcasm off)

Good judgement is a key to handling almost any potentially tense encounter safely, including contact with law enforcement.

Very good post.

Michael Brown

 

[Josh-L]

To me it's simple... A card does not imply you are in possession of a weapon in my eyes just like handing over a DL means I should assume you are valid. I don't make a big deal about it if someone only hands me a card though. I just think actually saying you are carrying is the proper way to "notify".

 

[ExSniper]

TITLE 21 § 1290.8. Possession of license required-notification to police of gun
POSSESSION OF LICENSE REQUIRED-NOTIFICATION TO POLICE OF GUN

A. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.

This is from the SDA. I know there may be some widely divergent interpretations of what this means exactly, Pages 15 and 16 of the SDA Instructor Lesson Plan, which your instructor is required to teach you, states:
"(1) Contact means: (a) Conversation. (b) A stop of a motor vehicle, whether the citizen is driving or a passenger; or (c) Any arrest, for any reason.

Clearly the interpretation promulgated by CLEET and required to be taught to all prospective SDA students is the passenger has to tell on first contact during a traffic stop.