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

[XD-9Guy]

With the way you drive (read fly) I don't think you've gotten your fair share

That's the way I felt when I got my tickets as a kid. I figured "the way I drive I'm going to get a few, so no use getting too worked up over it." I still usually got worked up over it but in the back of my mind I knew I was due. Now that I'm an old man that goes 4mph over when I'm late I don't miss the tickets or the insurance rate.

Back to the OP, I'm with most of the others here, if I speed and they pull me over I'll play by their rules, they're doing their job and if that makes them more comfortable... so be it. Although I am also with the LEO that posted in this thread earlier in the fact that the whole business of seating you in the front of the car with them is bizarre - if I'm an officer I want folks out in front of me, not seated beside me in close quarters while I'm also seated. A normal size fella could put one punch on your jaw from the passenger seat and put you to sleep. But I suppose those guys know what they're doing. I'm just saying that's how I'd feel about it if I had to be in that position.

 

[shootermcgavin]

mental masturbation...

yup. sit around long enough with this and you'll end up screwing yourself in the end.

How many people who have bigger than life egos cant get it. You took the time to comply with State Law and become a CCW Licensee. Why is it so hard to take of your weapon at the request of the officer during a traffic stop. It isnt as if he is gonna shoot you.

Be respectful, "yes Sir, No sir or Yes Ma'am", almost every LEO starts to BS with me, I even had one ask if they could see my weapon, I dropped mag, cleared weapon in a safe direction, and handed it to him, we then spent the next 30 minutes talking shooting techniques, cleaning, he still wrote me a ticket, no big deal, he was doing his job.

I want the LEO who detains me to know that I am a friend, not a foe, he gets nothing but cooperation and respect from me, even if he wants to see my gun, or have me take it off, and writes me a ticket.

Just my 2 pennies worth.

that's how I feel. I've even heard of officers cuffin the guys while they were writing the ticket on occasion. bit extreme but if that is what he wants to do then I ain't gonna piss in the wind.

 

[257wby]

Last time I checked the chances of you getting a night stick to the head greatly depreciate if you do what the officer asks.

Just an observation. Most will say I am a law abiding citizen. I took the time to go through the CCW class. Many on here will spend way too much time to make sure they are not "printing" or even exposing a small portion of the holster in order to be in compliance with the law. Those same people do not want to obey the posted speed limit (aka the law). Also they get grumpy when a Police officer, for the safety of the officer, asks you to leave your gun in your car and go to the officers car.

LMAO!!!

 

[Nik]

Continuing with what others have stated, on multiple occasions I have had to go sit in an OHP cruiser...darn lead foot.
Anyways, it is normal procedure.

I was only carrying in one instance and he did ask me to leave it in my vehicle which I did not think was a big deal or unreasonable...Too many good cops have been shot at, wounded, or killed during simple traffic stop over a small violation. Even if you look "normal", it doesn't mean you are not a scum bag.

I have also been pulled over a few times in Texas and been asked on certain occassions to go back to their car.

It must be an internal agency policy that dictates how traffic stops are handled so that would explain the variances from local, county, and state to state.

I am not a LEO and never have been, but if I was then I would follow GED's advice: why woud I want a stranger in the front seat of my car!?!?!

 

[CODE_3]

The first time I got pulled over by OHP, he asked me to step outside the car and I told him I was a cop. He then asked me if I was carrying and I said yes. He then told me, you should of left your gun in the car.

I was thinking to myself, didn't I just tell you I was a cop.

 

[nofearfactor]

Its not just OHP,almost every state trooper Ive been stopped by in any state has had me back to their cruisers in the front seat,and almost every city officer in every city Ive lived in that has stopped me has had me stay in my car while they checked me out.

 

[CHenry]

I alway s thought they invited you inide there car so they could get a good wiff of your breath while you sat there. Would be really easy to smell alcohol on someone when inside the car like that talking to them. I've had some OHP bring me back to their car and others did not.

 

[MyMonkey]

Alright I'm getting different answers from everyone about this situation that happened to me the other day. I was stopped by OHP doing 5 MPH over speed limit and I had a tag light out. He came up to passenger side window and I gave him my insur. license, and SDA Card. He asked my if I had the gun and where, I said strong side IWB. He asked me to "remove the weapon and come back to my car with me." I was sorta dumbfounded and hesitated and said you want me to remove it? he said yes remove the weapon and come back to my car. I did so and so went the traffic stop.
I thought this was strange since I've never been asked back to the car and even more strange that he asked me to remove my weapon. After talking with a Conceal Carry instructor friend of mine he said that the LEO is not authorized to do this per
TITLE 21 § 1290.8.
E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

I then went to a OKC Police friend of mine and told him the scenario. He said that during a traffic stop, I'm techinically being detained and he can ask me to his car. He can also then insure his safety by removing my weapon. MY instructor friend disagrees and says that I committed a traffic violation, not a crime which is what the last part of the that section states.

I would like to hear from you guys.

Did you tell him you were armed when you handed him the SDA card? If not, then actually you violated the very statute you quoted. Look at C of 1290.8.
I also do not see where the Popo violated the SDA. So long as there were no children in the car. I think that changes things a bit.

 

[Bierhunter]

...Be respectful, "yes Sir, No sir or Yes Ma'am", ...

Sound advice!

I was brought up with the understanding that "please, thank you, yes sir/ma'am, etc" go a long way in dealing with people.

Amazingly, it works well with all kinds of people we meet.

 

[doubletapp]

So what happens if I am asked to leave my weapon in myvehicle, But i have a child in the vehicle, and am not comfortable doing so??