No consent.

[Kw55018]

So if I get stopped by LEO for a traffic violation and they ask for my firearm, what happens if I refuse to turn it over as long as I show my LTCH?

 

[Benny]

You go to jail.

 

[42769vette]

You go to jail.

this would be my guess

grab your gun, drive around at 100mph for awhile and let us know how it turns out for you so we can put the issue to rest

 

[woowoo2]

I am going to go with.......

It depends.

 

[revance]

tazed, proned out on the street, with a LEO's jackboot on your neck.

or at least taken to jail.

Sadly the supreme court has ruled that they have the authority to temporarily confiscate your gun without probable cause or RAS of anything else all in the name of officer safety.

 

[sloughfoot]

You have just escalated the situation. Why are you doing that? Don't let your ego get in the way, please. Just follow along and go on your way after a little bit.

BTW, to make it perfectly clear, being stopped for a traffic violation, means you have been arrested. It may or not be a custodial arrest, but you have been stopped so you do not continue to commit the offense for which you have been stopped. You are not necessarily going to jail, but you have been stopped by a LEO because of your violation of a traffic or other law.

I have some small actual experience with these type of arrests.

JMHO

 

[ATM]

You can refuse to give it to them. I wouldn't hand mine over.

I would not resist if they felt they needed to take it, though.

I'd then file a complaint that would be ignored.

 

[jsharmon7]

Tell him you'll give him yours if he gives you his. Then ask if you can search each other's car. He'll be impressed with your straight-forward style. He might even let you date his sister.

 

[ThrottleJockey]

Tell him you'll give him yours if he gives you his. Then ask if you can search each other's car. He'll be impressed with your straight-forward style. He might even let you date his sister.

Nothing more I can add.

 

[Hammerhead]

Please reference this thread:

https://www.indianagunowners.com/fo..._defense/134941-surrendering_your_weapon.html

It has a very good discussion of this topic, including some input from several of INGO's resident lawyers.

 

[grimor]

you'll most likely have a gun pointed at your head, but at least it won't be your gun...

 

[Manan]

It will totally depend on the officer. If he feels threatened, he will probably ask for your weapon, if he does not feel threatened, he won't.

Part of that will be you, how you act and how you look, and part of that will be him.

 

[Sgt7330]

If I were asked I'd hand it over.

 

[finity]

The real question is why would you tell them about it in the first place?

 

[Benny]

The real question is why would you tell them about it in the first place?

Because oftentimes they ask and I doubt they'd take to kindly to you lying about a weapon being in the car(if they find out of course).

 

[Bunnykid68]

Because oftentimes they ask and I doubt they'd take to kindly to you lying about a weapon being in the car(if they find out of course).

Depends on what they ask.

If they ask if there are any weapons they need to know about....NO
If they ask if there are any weapons in the vehicle...YES

Do not lie.

 

[ATM]

You guys are ay too easy.


"Any weapons in the car?"

"Sir?"

"Do you have any weapons?"

"Why am I being detained?"

No lie.

 

[Benny]

Depends on what they ask.

If they ask if there are any weapons they need to know about....NO
If they ask if there are any weapons in the vehicle...YES

Do not lie.

LOL, good call.

Or if they ask if any weapons are in the vehicle, you could just say "there is nothing illegal in here."

 

[INGunGuy]

Depends on what they ask.

If they ask if there are any weapons they need to know about....NO
If they ask if there are any weapons in the vehicle...YES

Do not lie.

Why not? The police are allowed to lie, so why arent we able to lie? if lying to the police has NOTHING to do with the stop at hand, lets say a speeding violation, then what is the difference? I mean if you say no, and there is, and the officer writes your ticket and you go on your way, no harm no foul. I myself dont drink and drive, I dont smoke dope, my car is in working order and there should be NO REASON whatsoever why I would be asked to step out of the vehicle.

INGunGuy

 

[ThrottleJockey]

Why not? The police are allowed to lie, so why arent we able to lie? if lying to the police has NOTHING to do with the stop at hand, lets say a speeding violation, then what is the difference? I mean if you say no, and there is, and the officer writes your ticket and you go on your way, no harm no foul. I myself dont drink and drive, I dont smoke dope, my car is in working order and there should be NO REASON whatsoever why I would be asked to step out of the vehicle.

INGunGuy

While I agree with this, it unfortunately just doesn't work out that way.

When I was recently asked if I had ant illegal weapons in the car I said no. Later when asked if I had ANY weapons in the car I said yes, a .357 IWB.....He took it as though I was being a smartazz about saying no....after all, he is an english major....not, but he is a cop and thus so thinks his badge entitles him to something special.