Requirement to divulge weapons in a car OR on your person

[infidel]

THREADJACK WARNING

Say that you do inform the officer that you are carrying, and give him your LTCH. DO YOU HAVE TO SURRENDER YOUR WEAPON TO HIM? I mean, he knows that you 1) Can legally have it, and 2) Are not a convicted felon. If he asks for it and one were to say no, there would obviously be problems, but I still want to know, if the officer knows that you are licensed to carry, can he legally disarm you?

 

[PatriotPride]

THREADJACK WARNING

Say that you do inform the officer that you are carrying, and give him your LTCH. DO YOU HAVE TO SURRENDER YOUR WEAPON TO HIM? I mean, he knows that you 1) Can legally have it, and 2) Are not a convicted felon. If he asks for it and one were to say no, there would obviously be problems, but I still want to know, if the officer knows that you are licensed to carry, can he legally disarm you?

Yes. The officer has the right to disarm you to assure his safety. I don't agree with it in many instances, but that's what it is.

 

[infidel]

Yes. The officer has the right to disarm you to assure his safety. I don't agree with it in many instances, but that's what it is.

That's what everybody says. I haven't read the law stating it though, so I was hoping someone could point it out.

 

[PatriotPride]

I'm at work now...maybe someone else can dig out the IC.

 

[WillBrayJr]

I have a policy of Don't ask, Don't tell.

On a note, I read on the 1st page the permits are pink, say it aint so?

 

[PatriotPride]

Yep, the most abrasive pink you can imagine. I swear they did that on purpose.

 

[WillBrayJr]

Well I'm not showing ANYONE that permit then unless it's absolutely necessary. Why do I get the feeling it was the idea of that Sheriff from Mericopa County Arizona to have Indiana issue pink permits.

 

[trnsplntfrmohio]

If he asks if you have any weapons you politely say,

"Sir am I being detained, because if I am I invoke my right to remain silent and I require a lawyer before you proceed with any further questioning."

 

[Comp]

If he asks if you have any weapons you politely say,

"Sir am I being detained, because if I am I invoke my right to remain silent and I require a lawyer before you proceed with any further questioning."

Wow, I like that and what was that quote kirk always says to say when you first get pulled over to establish innocence? Something like Officer have I violated a traffic law or local ordnance. I keep forgetting.

 

[downzero]

Wow, I like that and what was that quote kirk always says to say when you first get pulled over to establish innocence? Something like Officer have I violated a traffic law or local ordnance. I keep forgetting.

It's even easier than that. "Good morning/afternoon/evening officer. Why'd you pull me over?"

 

[U.S. Patriot]

I personally say tell them. I can say this because I have been on the other side. When in the Coast Guard. When we did boardings, that was the first question. Do you have a weapon on your person, or on your vessel? It's nice to know they do, and take control of that weapon until the boarding is over. We simply told them for our safety, and their's we would take control and hand it back when the boarding was complete. I also realize people can lie, or choose not to say if they have a weapon or not. That's their choice. Never did we have anyone say no, or argue about taking control of their weapon. You do not know peoples intentions. They may seem friendly or whatever, but does not mean they are. Sometimes you need to look at things from other peoples shoes. You have the right to do as you see fit.

 

[Sgt Rock]

WHY would you lie to a LEO? That's illegal in itself and could turn a simple warning to "slow down" into an arrest for False Statement. Cool the attitude and be cooperative. It is not smart to make an officer feel threatened, he definately has the advantage.

 

[SedahDrol]

If you ever have concerns about answering a police officer's questions politely invoke your miranda rights. Though you are required to identify yourself, you are not required to answer any other question without consulting your lawyer (this includes where you are going, where you are coming from, whether or not you have had anything to drink, do you know why you were stopped, do you have any guns, knives, nuclear weapons in your vehicle). Keep in mind that the Officer may take offense and make what could have been a rather quick painless stop to a long expensive stop (ie write you ticket for every possible violation you may have incurred).

There isn't a requirement (yet, there was a bill last session) to inform an officer you have a gun if you possess an LTCH.

oh yeah almost forgot IANAL

 

[ryknoll3]

I personally say tell them. I can say this because I have been on the other side. When in the Coast Guard. When we did boardings, that was the first question. Do you have a weapon on your person, or on your vessel? It's nice to know they do, and take control of that weapon until the boarding is over. We simply told them for our safety, and their's we would take control and hand it back when the boarding was complete. I also realize people can lie, or choose not to say if they have a weapon or not. That's their choice. Never did we have anyone say no, or argue about taking control of their weapon. You do not know peoples intentions. They may seem friendly or whatever, but does not mean they are. Sometimes you need to look at things from other peoples shoes. You have the right to do as you see fit.

The other peoples shoes that I see things from are the law-abiding citizens who have been hassled or disarmed in a dangerous fashion by making the mistake of notifying the officer that they were carrying. When I am pulled over, the second my car comes to a stop my license, registration and insurance come out and are ready when the officer walks up. He doesn't see my LTCH and I don't inform him that I am carrying. We conduct business and he goes on his way. He's safe, I'm safe and it goes as smooth as possible.

What possible good can come from a LEO disarming a law-abiding, well-intentioned motorist. I understand that the reason is officer safety, but if a cop comes upon a felon or other such trouble maker who would have bad intentions with their firearm, do you honestly think they would confess to having the gun and let the officer take it from them? It's kinda like gun registrations. No criminal is going to register their guns (and aren't required to as per the 5th Ammendment), so only the law-abiding suffer. Same thing all around.

If you were on one of your boarding excursions, do you honestly think that someone who would do you harm with the firearm they had on their vessel admit to actually having it?

 

[downzero]

If you were on one of your boarding excursions, do you honestly think that someone who would do you harm with the firearm they had on their vessel admit to actually having it?

Why wouldn't you just separate the people from any area that might conceal a weapon anyway? It seems that's what's lacking most here...common sense.

 

[Scarnucci]

Yes. The officer has the right to disarm you to assure his safety. I don't agree with it in many instances, but that's what it is.

I disagree with this wholeheartedly. I've dug through the IC looking for the answer to this question and have come up empty. Only thing I've found that I must surrender is my little pink card if asked. I'll be damned if I am disarming myself and handing it over.

I agree with asking "Am I being detained?" If not, write the traffic ticket and let me get on my way. If they want to push it and detain me, I'll leave my firearm in the car, roll up the windows and lock my keys in the car. They had better have a damn good reason for getting a warrant. Im not into anything nefarious besides standing up for my rights, so its pretty likely they won't get that warrant.

 

[downzero]

While he is issuing a traffic ticket, you ARE detained. You are being detained for the period of time it takes for the officer to investigate and issue the citation for which you were stopped.

 

[Scarnucci]

I asked the legal scholar in my household and she agreed with you, that asking if you are being detained is a useless question, in that detained is detained is detained, and yes, you are being detained for that traffic stop.

I'll still lock up my stuff I suppose and let the legal experts hash it out.

 

[downzero]

I asked the legal scholar in my household and she agreed with you, that asking if you are being detained is a useless question, in that detained is detained is detained, and yes, you are being detained for that traffic stop.

I'll still lock up my stuff I suppose and let the legal experts hash it out.

Asking if you are being detained or are free to go is NOT a worthless question at all if you don't believe the officer has any reasonable suspicion to have stopped you in the first place.

Most likely, if you're stopped for a traffic violation, the response will be something along the lines of, "I observed you operating this rusty old truck at 65 mph. The speed limit here is 55 mph, sir."

 

[shibumiseeker]

Asking if you are being detained or are free to go is NOT a worthless question at all if you don't believe the officer has any reasonable suspicion to have stopped you in the first place.

Most likely, if you're stopped for a traffic violation, the response will be something along the lines of, "I observed you operating this rusty old truck at 65 mph. The speed limit here is 55 mph, sir."

Yep, and volunteer nothing and only answer the questions you are legally obligated to answer.