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The cop took my gun...

love4guns

Regular Member
Joined
Dec 7, 2011
Messages
167
Location
Lynchburg
Thursday I was leaving work and on my way home I got pulled over for doing 55 in a 35. I had my handgun laying on the seat next to me. The cop walks up to my door and says, "Oh I see a gun there", thats when I say to the officer "yes sir I am OCing and I am going to grab my car regristration out of the glove box now." Thats when he says to me, " Let me remove that pistol for my own safety". Not knowing if the cop had that right or not, I told him ok. So he took my gun unloaded the mag and went back to his patrol car. I am sure he ran the serial numbers to check to see if the gun was stolen. My question is could I have lawfully stopped the cop from removing my firearm? He turned out to be pretty damn cool in the end. He came back and said since you were so cool with me I only going to give you a ticket for "failure to obey a traffic sign-$30 fine". Then he asked me to open my trunk so he could leave me 9mm there. I popped the truck and layed the gun back there. All and all not a big deal but I wasnt aware a police officer had the right to remove my gun without cause for it....
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
When you were pulled, you were under arrest and he could secure the gun if he wanted.
Yeah, it sucks!

I'm sure he did run the serial number. Sell the gun and buy a private sale replacement.

I have a lockable holster so I can give him the whole thing, but he can't see the serial number and yes, he would have a fit and yes, that would pretty much guarantee a ticket.

Where was this?
 
Last edited:

MuchoUno

Regular Member
Joined
Apr 23, 2012
Messages
10
Location
Iowa
I don't like the idea of opening my trunk for him. That gives him access to search.
 

love4guns

Regular Member
Joined
Dec 7, 2011
Messages
167
Location
Lynchburg
When you were pulled, you were under arrest and he could secure the gun if he wanted.
Yeah, it sucks!

I'm sure he did run the serial number. Sell the gun and buy a private sale replacement.

I have a lockable holster so I can give him the whole thing, but he can't see the serial number and yes, he would have a fit and yes, that would pretty much guarantee a ticket.

Where was this?

This was in Lynchburg about 45mins from Roanoke. Why do u suggest selling the gun is my firearm now in some database for law enforcment?
 

lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
He ran your S/N, he got a visual search of your trunk, you got a ticket and you think the cop was cool.

Kudos to the police trainers for a job well done.
 

love4guns

Regular Member
Joined
Dec 7, 2011
Messages
167
Location
Lynchburg
He ran your S/N, he got a visual search of your trunk, you got a ticket and you think the cop was cool.

Kudos to the police trainers for a job well done.

LOL I went from owing over $200 to the city to $30 I think thats pretty damn cool. Also I have nothing to hide in my trunk. You telling me you'd rather pay $200 over $30???????
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
LOL I went from owing over $200 to the city to $30 I think thats pretty damn cool. Also I have nothing to hide in my trunk. You telling me you'd rather pay $200 over $30???????
It is unfortunate about the unnecessary serial number search, but he could have been charged with reckless driving as well, since it was 20 over. Add higher insurance premiums for several years to that fine as well.

TFred
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
Since the LEO appeared to be asking... I wonder what he would have done if the driver had said, "Why don't you let me pop my trunk and you can just put the gun right in there?" Somehow I doubt it would have been sufficient at that time, even though it was obviously sufficient after he ran the serial number...

TFred
 
H

Herr Heckler Koch

Guest
Here is a datum of the dollar value of ones rights.

We have only the rights that we defend. A civil servant per se has only powers.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
As a purely technical matter, no, the cop didn't have the authority to take the gun unless he had some objective reason for believing that you represented a present danger to him or others. It would generally be best, I think, to "secure" the gun in a "closed container in the vehicle" before the cop gets out of his car, to avoid the whole scene. Other comments are valid, such as 20+ mph over is a crime, not a traffic ticket, he did get a search of the records and the trunk for free, but then, well, he asked, and you said, "yes", so no harm done, and everything was perfectly legal. If you'd said, "no", as a practical matter (here's where we get out of technical legal land) you'd have had problems, and the local magistrate and GDC judge wouldn't care in the least whether what the cop did was legal.
 

scouser

Regular Member
Joined
Apr 4, 2011
Messages
1,341
Location
804, VA
Of course there is always the simple solution of remaining within the speed limit while driving with a handgun on your seat. That way the cop wouldn't have had a reason to stop you and wouldn't have had any cause to take your gun, run your serial number and search your trunk. Also, there's a really good chance that the time you saved by driving so quickly was all lost while you were sat on the side of the road being victimized
 

twoskinsonemanns

Regular Member
Joined
Apr 12, 2012
Messages
2,326
Location
WV
Well said. I cannot in good conscience say I agree with the choice to bend over for the cop to try to save a few dollars.
We must preserve our rights
 

mk4

Regular Member
Joined
Sep 22, 2011
Messages
548
Location
VA
Of course there is always the simple solution of remaining within the speed limit while driving with a handgun on your seat. That way the cop wouldn't have had a reason to stop you and wouldn't have had any cause to take your gun, run your serial number and search your trunk. Also, there's a really good chance that the time you saved by driving so quickly was all lost while you were sat on the side of the road being victimized

good advice!

and another side note / suggestion for the op, fwiw...
open carry in a holster vs laying it on the front seat. leo might never have seen it and it's much much better than having your firearm flying off the seat in a sudden stop or accident.
 

PeteXD

Regular Member
Joined
Jun 17, 2009
Messages
87
Location
Arlington, Virginia, USA
I fully agree

good advice!

and another side note / suggestion for the op, fwiw...
open carry in a holster vs laying it on the front seat. leo might never have seen it and it's much much better than having your firearm flying off the seat in a sudden stop or accident.

and that ^^^ is why...
 

sawah

Regular Member
Joined
Jan 22, 2011
Messages
436
Location
Virginia
People that go 20mph over should have their licenses suspended and go to jail, IMO. You got off light. Slow it down.
 
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