Give up weapon upon request when pulled over?

[Mackey]

I have a question regarding carrying a pistol while driving.

If I am pulled over for speeding and asked by the LEO if I have any weapons in the car, I am going to say yes and I have a permit for the pistol. If the LEO asks for my permit AND my pistol while he checks my license, am I required to hand it over?

You don't have a permit for the pistol. You have a license to carry a handgun (any lawfully possessed handgun).

 

[Classic Liberal]

I have a question regarding carrying a pistol while driving.

If I am pulled over for speeding and asked by the LEO if I have any weapons in the car, I am going to say yes and I have a license to carry the pistol. If the LEO asks for my license AND my pistol while he checks my license, am I required to hand it over?

If you don't comply, expect a boot to your neck.

 

[Bunnykid68]

Tell him you do not consent to him illegally disarming you but tell him you will not resist. Also, tell him you want a receipt for weapon as he has no valid reason for taking it from you. Then call a lawyer

 

[daddymikey1975]

Tell him you do not consent to him illegally disarming you but tell him you will not resist. Also, tell him you want a receipt for weapon as he has no valid reason for taking it from you. Then call a lawyer

pre-empt all of this (which is great advice) by pushing 'record' on your pocket recorder.. OP... you do have a pocket recorder, right ?

 

[Mackey]

Tell him you do not consent to him illegally disarming you but tell him you will not resist. Also, tell him you want a receipt for weapon as he has no valid reason for taking it from you. Then call a lawyer

The above is what you should do .... but
I wouldn't do it unless I was independently wealthy and could afford to risk losing my job for getting a criminal record (all employers in my field do criminal checks).

I, being the family raising chicken that I am, would comply.
It happened to me before. I was made to unload my Ruger SP101, hand the man my "boowets" then my pistol, then my license. He took them back to his car and probably did unspeakable things with them.
My feeling was that he did this to make himself feel safe.
Then he returned my boowets and gun and gave me a speeding ticket.

This was years ago. After being edumacated on INGO, I now know that I was violated and wronged. But I also know that the local law enforcement didn't label me as trouble and didn't stop me every time I passed by doing maybe 5 miles an hour over.

Finally, just slow down and don't get pulled over.

 

[Matt52]

pre-empt all of this (which is great advice) by pushing 'record' on your pocket recorder.. OP... you do have a pocket recorder, right ?

What do you do if you dont for whatever reason have a pocket recorder. I know its "good practice" to carry one but if I remeber my cell phone im lucky let alone an additional piece of tech. What happens if you do have a recorder and he does take your gun anyway against your will do you file a complaint?

 

[long coat]

The above is what you should do .... but
I wouldn't do it unless I was independently wealthy and could afford to risk losing my job for getting a criminal record (all employers in my field do criminal checks).

Why would you get a record?

 

[daddymikey1975]

What do you do if you dont for whatever reason have a pocket recorder. I know its "good practice" to carry one but if I remeber my cell phone im lucky let alone an additional piece of tech. What happens if you do have a recorder and he does take your gun anyway against your will do you file a complaint?

if you have a smart phone, "there's an app for that".. (my wife and I have a shortcut on our home screen.. 1 push if the cop lights up the bubble gum machine for the duration of the stop)

If you don't have a smartphone, get a cheap pocket recorder and clip it to your sun visor, or put it somewhere you can access it if need be.

What do you do if you dont for whatever reason have a pocket recorder. I know its "good practice" to carry one but if I remeber my cell phone im lucky let alone an additional piece of tech. What happens if you do have a recorder and he does take your gun anyway against your will do you file a complaint?

Correct. Indiana is not a "must inform" state.

 

[canav844]

It's all outlined in here:
Indiana Code 35-47-14

The following may be of particular interest.

IC 35-47-14-3
Warrantless seizure of firearm from individual believed to be dangerous
Sec. 3. (a) If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous a written statement under oath or affirmation describing the basis for the law enforcement officer's belief that the individual is dangerous.
(b) The court shall review the written statement submitted under subsection (a). If the court finds that probable cause exists to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to retain the firearm. If the court finds that there is no probable cause to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual.
(c) This section does not authorize a law enforcement officer to perform a warrantless search or seizure if a warrant would otherwise be required.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-5
Requirement of hearing on whether firearm should be returned or retained
Sec. 5. (a) Not later than fourteen (14) days after a return is filed under section 4 of this chapter or a written statement is submitted under section 3 of this chapter, the court shall conduct a hearing to determine whether the seized firearm should be:
(1) returned to the individual from whom the firearm was seized; or
(2) retained by the law enforcement agency having custody of

the firearm.
(b) The court shall set the hearing date as soon as possible after the return is filed under section 4 of this chapter. The court shall inform:
(1) the prosecuting attorney; and
(2) the individual from whom the firearm was seized;
of the date, time, and location of the hearing. The court may conduct the hearing at a facility or other suitable place not likely to have a harmful effect upon the individual's health or well-being.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-1
"Dangerous"
Sec. 1. (a) For the purposes of this chapter, an individual is "dangerous" if:
(1) the individual presents an imminent risk of personal injury to the individual or to another individual; or
(2) the individual may present a risk of personal injury to the individual or to another individual in the future and the individual:
(A) has a mental illness (as defined in IC 12-7-2-130) that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the individual's medication while not under supervision; or
(B) is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or emotionally unstable conduct.
(b) The fact that an individual has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the individual is dangerous for the purposes of this chapter.
As added by P.L.1-2006, SEC.537.

So if you're an imminent threat, or a future threat and unstable; then they may seize your firearm.

The key is putting them in a position where they need to go to a hearing and explain where they came up with a proper person, licensed to carry having passed a background check meets the criteria. If you search on this topic there has been some discussion of how to get that point, and you may wish to have another firearm waiting at home for you so you're not unarmed while your gun is in the court system.

IANAL, but it my personal position is the less handling of a loaded firearm during a traffic stop the better.

 

[canav844]

If the LEO doesn't ask, I don't have to tell him I have it right?

In Indiana this is correct, that is not the case in all states where the IN LTCH is honored.

 

[KLB]

If the LEO doesn't ask, I don't have to tell him I have it right?

Correct.

 

[Mackey]

Why would you get a record?

Wouldn't necessarily, unless things when awry. Who knows, maybe he wouldn't like my "threatening tone" and maybe he would arrest me for not aiding a police office. I could end up in court, have to get a lawyer ...
naw ... that could never happen in these United States of America ...Right?


[thread=224645] 2 LTCH holders arrested[/thread]

 

[ATM]

You don't have to tell even they do ask.

 

[Bunnykid68]

If he ask if you have any weapons just say no, since you are not under investigation of a crime no big deal.

If the cop is fishing just ignore his bait and keep your baconhole shut and hand him your papers

 

[ATM]

If he ask if you have any weapons just say no, since you are not under investigation of a crime no big deal.

If the cop is fishing just ignore his bait and keep your baconhole shut and hand him your papers

Why lie when you can say nothing or ask a question of your own in response?

"Why am I being detained, officer?"

 

[Bunnykid68]

Why lie when you can say nothing or ask a question of your own in response?

"Why am I being detained, officer?"

Well, you know me

But of course you are correct.

Also, do as Kirk always says be sure to blow some kisses

 

[Kagnew]

If I am pulled over for speeding

Just set your cruise for 9 MPH over the speed limit, and you probably won't have to worry about it.

 

[stephen87]

Why lie when you can say nothing or ask a question of your own in response?

"Why am I being detained, officer?"

Or the classic, "There's nothing illegal in my vehicle."

Or the futuristic, "This is not the gun you are looking for."

 

[Denny347]

It's all outlined in here:
Indiana Code 35-47-14

The following may be of particular interest.





So if you're an imminent threat, or a future threat and unstable; then they may seize your firearm.

The key is putting them in a position where they need to go to a hearing and explain where they came up with a proper person, licensed to carry having passed a background check meets the criteria. If you search on this topic there has been some discussion of how to get that point, and you may wish to have another firearm waiting at home for you so you're not unarmed while your gun is in the court system.

IANAL, but it my personal position is the less handling of a loaded firearm during a traffic stop the better.

Sigh, I have explained this law ad nauseam on these boards. You are using the law for what it was NOT intended.
More on the background for this law:
https://www.indianagunowners.com/fo..._of_firearms_at_traffic_stop.html#post3060218

You will NOT get a court hearing for a firearm seizure on a simple traffic stop. You either accept it back when the officer hands it to you or not. If not, it will go to our property room and you will spend the next couple of months getting it back (right or wrong).

 

[Archer46176]

I have had this happen once in my small hometown. Being the guy was new and didn't know me and I was young at the time I let him have it. He brought it back with the slide locked back and magazine out and the one in the pipe in his hand. He told me not to load it until he drove off. The next thing he heard was the magazine going into the well and the slide lacking forward. He kept walking back to his car.
I have also been asked if I am armed and where it is. Typically I tell them it is in my retention holster and that they have nothing to worry about and I am left armed. I have not been pulled over for years but there was a time that I was a little more heavy footed and had a few encoutners with LEOs. THE BEST encounter was a Christmas eve back around 2000 on my way from Lafayette to Michigan to spend Christmas with my 1st ex wife's family. A State Trooper pulled me over doing roughly 70 in a 55. He asked if I was armed I said well of course I am and he said "You aren't gonna shoot me are ya?" I said "Sir the only way I will shoot you is if you shoot me first then all bets are off and it's on like Donkey Kong." He laughed out loud and said "Hold tight while I check you out." He came back to the car, handed me my license, insurance, registration and LTCH and told us to have a good trip and be more careful because he had bored buddies out patroling as well...LOL... AWESOME EXPERIENCE with a Trooper who had never even met me. I wish more were like him. Oh and we just got a verbal warning for the speed. The 1st ex wife didn;t speak to me the entire way to Michigan so it was a really peaceful trip...LOL