Thread: Have a question
If a cop stops someone, Speeding, just walking, OC, can they just take your firearm and say its for officer safety.
If they can, can someone show me were the law says they can. I have been told there is no "officer safety" in WA.
Thanks for the info.
The Greatest Weapon is the Mind. The Second Greatest Weapon is my Hand, It controls my Guns
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I'm at work right now, so I can post more later. for now look up terry V ohio as it pertains to thequestion. in oder for a LEO to make a lawful terry stop he must detain you with reasonable articuable suspicion of a crime afoot. if no crime exhists, stopping you beyond a consensual conversation can get the officer in legal trouble. if you are being detained for investigation the officer may only disarm you for officer safety if you are both armed and currently dangerous.
+thought for the day+
++victory needs no explanation, defeat allows none++
So that answer is no. If you are walking or get stopped for speeding, he cannot disarm you. But I walked everywhere and the three cities I am been in where I know for sure an LEO saw me OCing, they never stopped to talk to me.
A cop must have actual reason to believe you are a threat ~ just having a gun is not enough IMO
I am not anti Cop I am just pro Citizen.
U.S. v. Minker, 350 US 179, at page 187
"Because of what appears to be a lawful command on the surface, many citizens, because
of their respect for what only appears to be a law, are cunningly coerced into waiving their
rights, due to ignorance." (Paraphrased)
My encounters with LEO's when walking or driving is merely to nod my head as I pass them or let them into my lane if they signal they want to.
I find that my "attire" doesn't attract much attention and my driving doesn't attract traffic stops/tickets. Problem solved in both scenarios. No stop, no need to disarm. Haven't been even been stopped while carrying my CZ75 SP-O1 Tac. and due to it's size it's certainly "noticeable".
"If I shoot all the ammo I am carrying I either won't need anymore or more won't help"
"If you refuse to stand up for others now, who will stand up for you when your time comes?"